Personal Injury Terms Glossary
A
Attorney-Client Privilege: is a legal concept that protects communications between a client and his or her attorney and keeps those communications confidential. This privilege encourages open and honest communication between clients and attorneys.
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C
Claim Evaluation: The assessment of different factors that make up a case. Some factors are: the extent to which one has been injured, the chances of proving liability against other persons/entities, available insurance coverage and the costs likely to be incurred in pursuing the claim.
Comparative Negligence: The degree to which the plaintiff is at fault (if at all) when compared to the fault of the defendant. A jury determines comparative negligence after hearing the facts of the case and the relevant law as instructed by the Judge. Damages (money award) may be reduced or apportioned as a result of the Plaintiff's comparative negligence.
Compensatory Damages: Reimburse the plaintiff for actual dollar value that the plaintiff has lost due to the injury (e.g. medical expenses, lost income, loss of future earning capacity, may also include pain and suffering, etc.).
Complaint: The first document filed with the court (actually with the County Clerk or Clerk of the Court) by a person or entity claiming legal rights against another. The party filing the complaint is usually called the plaintiff and the party against whom the complaint is filed is called the defendant or defendants. Complaints are pleadings and must be drafted carefully (usually by an attorney) to properly state the factual as well as legal basis for the claim, although some states have approved complaint forms which can be filled in by an individual. A complaint also must follow statutory requirements as to form. For example, a complaint must be typed on a specific type of paper or on forms approved by the courts, name both the party making the claim and all defendants, and should state what damages or performance is demanded (the prayer). When the complaint is filed, the court clerk will issue a summons, which gives the name and file number of the lawsuit and the address of the attorney filing the complaint, and instructs the defendant that he/she/it has a specific time to file an answer or other response. A copy of the complaint and the summons must be served on a defendant before a response is required. A complaint filing must be accompanied by a filing fee payable to the court clerk, unless a waiver based on poverty is obtained.
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D
Defendant(s): Any party/entity that is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court. People or entities that are alleged to have caused the injuries to the plaintiff(s).
Deposition (examination before trial, EBT): A deposition is a form of discovery in which relevant information/evidence is evidence given under oath and recorded for use in court at a later date. It is similar to giving oral testimony in court, but is done in advance of trial and out of the presence of the judge and jury. The deposition is typically before a court reporter and the witness is subject to questioning by attorneys for all parties.
Discovery: Procedures to bring forth evidence possessed by other parties or by independent witnesses. This includes but is not limited to the following: the use of depositions, interrogatories, requests for production of documents, requests for admissions, and demands for independent medical examinations.
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I
Informed Consent: Every doctor (or medical practitioner) has a duty to inform the patient of any and all risks and considerations of the available options and treatments so that the patient may be able to give an informed written consent to a procedure before the doctor or medical practitioner can administer the treatment. Violation of this duty gives the patient a medical malpractice cause of action.
Insurance Defense Attorneys: Attorneys paid for by insurance companies to represent the defendant in a lawsuit. Defense attorneys are normally independent although they can be direct employees of the insurance carrier, called "in-house attorneys."
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L
Lawsuit: A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff(s), seeks a legal remedy. Often, one or more defendants are required to answer the plaintiff's complaint. If the plaintiff is successful, the judgment will be given in the plaintiff's favor, and a range of court orders may be issues to enforce a right, impose a penalty, award damages, impose an injunction to prevent an act or compel an act, or to obtain a declaratory judgment to prevent a future legal disputes. It usually involves dispute resolution of private law issues between individuals, business entities or non-profit organizations. However, it may involve public law issues in those jurisdictions that enable the government to be treated as if it were a private party in a lawsuit (as plaintiff or defendant regarding an injury), or that provide the government with a civil cause of action to enforce certain laws rather than criminal prosecution. The conduct of the lawsuit is called litigation.
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N
Negligence: Negligence is a type of tort that can be either criminal or civil in nature. Negligence means conduct that is culpable because it falls below the legal standard of care protecting individuals against foreseeable risky, harmful acts of other members of society. It may develop from carelessness, thoughtless conduct, or a failure to act when a reasonable person under the same circumstances would have so acted. Negligent behavior towards others gives them rights to be compensated for the harm to their body or property and is the basis for the majority of serious injury lawsuits.
The essential elements of actionable negligence are the existence of a duty in the face of a foreseeable danger owing to the injured party, a breach of that duty, injuries proximately resulting from the breach and damages.
No-fault Insurance: A type of automobile insurance plan in which the injured recovers certain benefits (medical expenses, lost wages, etc.) usually from the insurance company of the vehicle which he/she occupied regardless of who is at fault for the accident.
Notice of Claim: Notification to an insurance company that an injury has been sustained and the injured is filing a claim in which he or she is requesting monetary recovery for damages from the injury. It also refers to formal notice to a municipality or agency thereof, which is a condition precedent (requirement) to filing a lawsuit.
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P
Product Liability: When an injury is sustained as the result of a defective or unreasonably dangerous product, the injured is entitled to claim damages against the people or entities responsible for manufacturing the product or putting the product into the stream of commerce.
Punitive Damages: In rare cases where the court determines that the defendant engaged in particularly reckless (or intentional) behavior, the court may assign to the plaintiff monetary awards over and above compensation.
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W
Wrongful Death: A wrongful death lawsuit alleges that the decedent was killed as a result of the negligence (or other liability) on the part of the defendant(s), and that the surviving dependents or next of kin are entitled to monetary damages as a result of the defendant’s conduct.
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