Personal Injury Matters – Legal Glossary

Accident Report: An official record documenting the details and circumstances of an accident, often prepared by police or other authorities.

Affidavit: A written statement made under oath, used as evidence in legal proceedings.

Assumption of Risk: A defense where a person is considered to have voluntarily accepted the known risks of an activity.

Automobile Accident: An unintentional incident involving a vehicle, often resulting in injury, property damage, or both.

Bad Faith: Intentional dishonest or unfair practices, often in the context of insurance claims.

Breach of Duty: The failure to meet a standard of care, resulting in harm to another person.

Burden of Proof: The obligation to present sufficient evidence to support one’s legal claims or defenses.

Causation: The link between an action and the resulting injury or damage.

Class Action: A lawsuit filed by one or more individuals on behalf of a larger group with similar claims.

Comparative Negligence: A legal rule that reduces the amount of damages a plaintiff can recover based on their share of fault.

Compensatory Damages: Monetary awards intended to reimburse an injured party for their actual losses.

Contributory Negligence: A legal doctrine that prevents a plaintiff from recovering damages if they are found to have contributed to their own injuries.

Contingency Fee: A payment structure where an attorney only receives payment if the case is won, typically as a percentage of the settlement or award.

Damages: Monetary compensation awarded to an injured party for their losses or suffering.

Defamation: False statements about someone that cause harm to their reputation.

Defendant: The person, group, or entity being sued or charged in a legal action.

Demand Letter: A formal request for payment or resolution sent to the opposing party before filing a lawsuit.

Deposition: A witness’s sworn, out-of-court testimony recorded for use in a legal case.

Discovery: The pretrial phase where parties exchange information, documents, and evidence relevant to the case.

Duty of Care: The responsibility to act in a manner that avoids causing harm to others.

Emotional Distress: Psychological suffering caused by another’s negligent or intentional conduct.

Expert Witness: A specialist with expertise in a particular area who provides testimony to explain technical details in a case.

Gross Negligence: Extreme carelessness or reckless disregard for the safety or rights of others.

Informed Consent: Agreement to a procedure or action after being fully informed of its risks and benefits.

Liability: Legal responsibility for causing harm or injury to another person.

Litigation: The process of taking legal action through the court system.

Loss of Consortium: Compensation awarded to a spouse or family member for loss of companionship or services due to an injury.

Medical Malpractice: Negligence or misconduct by a healthcare provider resulting in harm to a patient.

Mediation: A negotiation process facilitated by a neutral third party to help resolve a dispute outside of court.

Negligence: A failure to act with the level of care that a reasonable person would have exercised in a similar situation.

Pain and Suffering: Compensation for physical and emotional distress caused by an injury.

Personal Injury: Harm caused to an individual’s body, mind, or emotions, rather than to property.

Premises Liability: The legal responsibility of property owners to maintain a safe environment and prevent injuries.

Pre-existing Condition: A medical issue or injury that existed before the incident in question but may be worsened by it.

Product Liability: The responsibility of manufacturers or sellers for harm caused by defective or dangerous products.

Proximate Cause: An event that directly leads to an injury or damage, without which the harm would not have occurred.

Punitive Damages: Financial penalties awarded to punish the defendant for especially harmful behavior and deter similar actions.

Res Ipsa Loquitur: A legal doctrine that presumes negligence when an injury would not typically occur without it.

Settlement: A mutually agreed resolution between parties to end a legal dispute without going to trial.

Slip and Fall: An injury case where someone is harmed due to slipping or tripping on another person’s property.

Standard of Care: The level of competence and caution expected of someone in a particular situation or profession.

Statute of Limitations: A law that sets the maximum time allowed to file a lawsuit after an injury or harm.

Strict Liability: A legal principle that holds someone accountable for damages, regardless of fault or intent, in certain cases.

Subpoena: A court order requiring someone to provide testimony or produce evidence in a legal case.

Tort: A civil wrong, other than a breach of contract, that causes harm or loss to another person.

Tortfeasor: The individual or entity that commits a tortious act, resulting in harm to another.

Vicarious Liability: The legal concept where one party is held responsible for the actions of another, such as an employer being liable for an employee’s conduct.

Worker’s Compensation: Benefits provided to employees injured on the job, covering medical costs and lost wages.

Wrongful Death: A legal claim filed when someone’s death is caused by another’s negligent or intentional actions.

Occupational Disease: A medical condition caused by exposure to harmful substances or conditions during employment.

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