Legal Glossary
Understanding legal terminology is essential for navigating the legal system. Our comprehensive glossary explains common legal terms in plain language to help you better understand your case.
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Animal Attack
4 terms
Legal terms related to animal attack and dog bite cases, including strict liability, owner negligence, and dangerous animal designations.
Bankruptcy
5 terms
Bankruptcy law terminology including Chapter 7, Chapter 13, discharge, exemptions, and debt relief legal concepts.
Construction & Workplace
3 terms
Construction accident and workplace safety legal terms covering OSHA regulations, scaffolding accidents, and employer liability.
Criminal Law
8 terms
Criminal law and procedure definitions including charges, defenses, sentencing, and court proceedings in criminal cases.
Damages
22 terms
Legal definitions of damages including compensatory, punitive, economic, and non-economic damages awarded in personal injury cases.
Employment
5 terms
Employment and labor law terms including wrongful termination, discrimination, wage disputes, and workplace rights.
Estates
5 terms
Trusts and estates legal terminology including wills, probate, estate planning, and inheritance law concepts.
Family Law
8 terms
Family law terms covering divorce, custody, child support, alimony, and other domestic relations legal concepts.
Immigration
6 terms
Immigration law terms covering visas, green cards, asylum, deportation, and naturalization legal concepts.
Injuries
21 terms
Common injury types and medical conditions encountered in personal injury litigation, from soft tissue injuries to traumatic brain injuries.
Insurance
24 terms
Insurance terminology and claims concepts including coverage types, policy limits, bad faith, and the claims process in personal injury cases.
Legal Fees
1 term
Understanding legal fee structures including contingency fees, retainers, and billing practices common in personal injury law.
Legal Parties
2 terms
Definitions of legal party roles including plaintiffs, defendants, third parties, and other participants in legal proceedings.
Legal Procedure
40 terms
Essential legal procedure terms covering court processes, filings, motions, and litigation steps used in civil and personal injury cases.
Liability
10 terms
Liability and fault legal concepts including comparative negligence, strict liability, joint liability, and causation in personal injury cases.
Mass Torts
3 terms
Mass tort legal terminology including class actions, multidistrict litigation, product liability claims, and bellwether trials.
Medical
16 terms
Medical and treatment terminology used in personal injury cases, from diagnoses and procedures to medical evidence and expert testimony.
Medical Malpractice
5 terms
Medical malpractice terminology including standard of care, informed consent, expert testimony, and healthcare provider liability.
Motor Vehicle
13 terms
Motor vehicle accident legal terms including fault determination, insurance claims, traffic law, and collision-specific legal concepts.
Nursing Home & Elder Abuse
6 terms
Legal terms related to nursing home abuse and neglect, elder law, mandatory reporting, and long-term care facility liability.
Personal Injury
13 terms
Key legal terms and definitions related to personal injury law, including negligence, liability, and compensation concepts every PI attorney should know.
Premises Liability
4 terms
Premises liability legal terms covering slip and fall accidents, property owner duties, hazardous conditions, and visitor classifications.
Settlement
9 terms
Settlement and negotiation terminology covering demand letters, mediation, structured settlements, and case resolution strategies.
Social Security
4 terms
Social Security disability terms covering SSDI, SSI, disability benefits, and the application and appeals process.
Veterans
4 terms
Veterans disability and benefits legal terms covering VA claims, service-connected disabilities, and appeals processes.
Workers' Compensation
6 terms
Workers' compensation legal terms covering workplace injuries, benefits, claims processes, and employer liability.
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Browse A-Z
A
ACL Tear
A rupture of the anterior cruciate ligament, a key stabilizing ligament in the knee, often requiring surgical reconstruction.
Additur
A court-ordered increase of a jury's damages award when the judge determines the amount is inadequate and not supported by the evidence.
Aggravation of Injury
The worsening or exacerbation of a pre-existing medical condition as a direct result of a new accident or traumatic event.
Alimony
Court-ordered financial support paid by one spouse to the other during or after divorce, also known as spousal support or maintenance.
Amputation
The surgical or traumatic removal of a limb or body part, resulting in permanent disability and need for prosthetics and rehabilitation.
Answer
The defendant's formal written response to a complaint, admitting or denying allegations and raising any defenses.
Appeal
A legal proceeding in which a higher court reviews the decision of a lower court to determine if legal errors were made that affected the outcome.
Arbitration
A form of alternative dispute resolution where a neutral arbitrator hears evidence and arguments from both sides and makes a binding decision.
Arraignment
The first court appearance where a criminal defendant is formally charged and enters a plea of guilty, not guilty, or no contest.
Assumption of Risk
A legal defense asserting that the plaintiff knowingly and voluntarily accepted the risks associated with a particular activity and therefore cannot recover damages for resulting injuries.
Asylum
Protection granted to foreign nationals in the U.S. who meet the definition of a refugee by demonstrating persecution or fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
Attractive Nuisance
A legal doctrine holding property owners liable for injuries to children caused by dangerous conditions on the property that are likely to attract children.
Automatic Stay
An injunction that takes effect immediately upon filing bankruptcy, stopping most creditor collection actions including lawsuits, wage garnishment, and foreclosure.
B
Bad Faith Insurance
When an insurance company unreasonably denies, delays, or underpays a valid claim, or fails to properly investigate or defend its insured.
Bail
Money or property given to the court as a guarantee that the defendant will appear for future court dates. If the defendant appears, bail is returned; if not, it is forfeited.
Bankruptcy
A legal proceeding that provides relief for individuals or businesses unable to pay their debts, allowing them to eliminate or restructure debt under court protection.
Bedsore
A pressure ulcer or wound that develops on the skin and underlying tissue due to prolonged pressure, typically from lying or sitting in one position without adequate repositioning.
Bellwether Trial
A representative trial selected from a group of similar cases in mass tort or multidistrict litigation that is tried first to help gauge the likely outcomes and settlement values of the remaining cases.
Bicycle Accident
A collision between a motor vehicle and a bicycle, or a crash caused by road hazards or defective bicycle equipment.
Birth Injury
Harm to a baby or mother caused by medical negligence during pregnancy, labor, delivery, or immediately after birth.
Bodily Injury Liability
Auto insurance coverage that pays for injuries you cause to others in an accident, including medical expenses, lost wages, and pain and suffering.
Breach of Duty
A failure to meet the applicable standard of care or to fulfill a legal obligation to act reasonably, which is a required element of a negligence claim.
Bulging Disc
A spinal condition where an intervertebral disc extends beyond its normal boundary but the outer layer remains intact, unlike a herniated disc.
Burden of Proof
The duty to prove disputed facts, which in civil cases means proving claims by a preponderance of the evidence (more likely than not).
Burn Injuries
Tissue damage caused by heat, chemicals, electricity, radiation, or friction, classified by severity from first-degree (superficial) to fourth-degree (bone-deep).
Burn Injury
Damage to the skin and underlying tissues caused by heat, chemicals, electricity, radiation, or friction, classified by degree of severity.
C
C&P Exam (Compensation and Pension Exam)
A medical examination ordered by the VA to evaluate the current severity of a veteran's claimed disability and determine if it's connected to military service.
Case Evaluation
A free consultation with a personal injury attorney to assess the strength of your claim, potential damages, and whether to pursue legal action.
Case Manager
A healthcare professional, often a registered nurse, who coordinates medical treatment, rehabilitation services, and care planning for an injured person.
Chapter 13 Bankruptcy
A reorganization bankruptcy where debtors propose a 3-5 year repayment plan to pay off all or part of their debts while keeping their property.
Chapter 7 Bankruptcy
A liquidation bankruptcy where non-exempt assets are sold to pay creditors, and remaining eligible debts are discharged, giving the debtor a fresh start.
Child Custody
The legal arrangement determining where children will live and who will make important decisions about their upbringing after parents separate or divorce.
Child Support
Ongoing payments made by a non-custodial parent to help cover the costs of raising their child, typically continuing until the child reaches adulthood.
Chronic Pain
Persistent pain lasting more than three to six months that continues after the initial injury has healed, often requiring ongoing treatment and significantly impacting quality of life.
Claims Adjuster
An insurance company employee or contractor who investigates claims, determines coverage, and evaluates damages to recommend settlement amounts.
Class Action
A type of lawsuit in which one or more plaintiffs file and pursue a case on behalf of a larger group of people who have similar claims against the same defendant.
Closing Argument
The final oral statement made by each attorney to the jury at the conclusion of a trial, summarizing the evidence and arguing why the jury should rule in their client's favor.
Collateral Source Rule
A legal doctrine preventing defendants from reducing damages by showing the plaintiff received compensation from other sources like health insurance.
Comparative Negligence
A legal doctrine that allows damages to be apportioned based on each party's degree of fault. The plaintiff's recovery may be reduced by their percentage of fault.
Complaint
The initial document filed to start a lawsuit, setting forth the plaintiff's claims, the facts supporting them, and the relief sought.
Compound Fracture
A severe bone break where the broken bone pierces through the skin, creating an open wound and high risk of infection.
Concussion
A mild traumatic brain injury caused by a blow or jolt to the head that temporarily affects brain function, causing symptoms like headache, confusion, and memory problems.
Contingency Fee
A fee arrangement where the attorney's payment is contingent upon winning the case. The attorney receives a percentage of the recovery, typically 33-40%, and no fee if the case is lost.
Contributory Negligence
A legal doctrine in which a plaintiff who is found to be even slightly at fault for their own injuries is completely barred from recovering any compensation from the defendant.
Coverage Denial
When an insurance company refuses to pay a claim, asserting that the loss is not covered under the policy terms or that the policy was not in effect.
Crush Injury
Trauma caused when a body part is caught between two heavy objects, potentially causing fractures, internal bleeding, and tissue death.
D
DACA
Deferred Action for Childhood Arrivals is a program providing temporary protection from deportation and work authorization to individuals who came to the U.S. as children without legal status.
Damages
Monetary compensation awarded to a person injured through the wrongful conduct of another party. Damages are intended to restore the injured party to the position they were in before the injury occurred.
Dangerous Dog
A legal classification for dogs that have shown aggressive behavior, bitten someone, or are deemed a threat to public safety, often resulting in special restrictions on the owner.
Day-in-the-Life Video
A documentary-style video that records the plaintiff's daily routine to demonstrate how their injuries have affected their ability to perform everyday activities.
Default Judgment
A binding judgment entered by the court in favor of the plaintiff when the defendant fails to respond to the lawsuit or appear in court within the required timeframe.
Defendant
The person or entity being sued or accused in a lawsuit. In civil cases, the defendant must respond to the plaintiff's complaint.
Defense Medical Exam
A medical examination arranged and paid for by the defendant or their insurance company to independently evaluate the plaintiff's injuries and medical claims.
Delayed Symptoms
Injuries or medical symptoms that do not manifest immediately at the time of an accident but appear days, weeks, or even months later.
Demand Letter
A formal letter sent to an insurance company or opposing party outlining the facts of the case, injuries sustained, and the amount of compensation being sought.
Demand Package
A comprehensive package of evidence, documentation, and legal arguments assembled by the plaintiff's attorney to support their settlement demand.
Deportation/Removal
The formal process of removing a foreign national from the United States for violating immigration law, such as overstaying a visa or committing certain crimes.
Deposition
Sworn, out-of-court testimony given by a witness or party that is recorded for later use in court proceedings. Depositions are a key part of the discovery process.
Diminished Value
The reduction in a vehicle's market value after it has been damaged in an accident and repaired, compared to a similar vehicle that was never damaged.
Directed Verdict
A ruling by the judge that takes the decision away from the jury because the evidence is so one-sided that no reasonable jury could reach a different conclusion.
Disability Determination
The process by which Social Security evaluates whether an applicant meets the legal definition of disability and qualifies for SSDI or SSI benefits.
Discharge (Bankruptcy)
The court order that eliminates a debtor's personal liability for certain debts, meaning the debtor is no longer legally required to pay them.
Discovery
The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.
Distracted Driving
Operating a vehicle while engaged in other activities that divert attention from driving, including texting, eating, or using navigation systems.
Divorce
The legal dissolution of a marriage by a court or other competent body, ending the marital relationship and dividing assets, debts, and responsibilities.
Dog Bite Liability
The legal responsibility of a dog owner for injuries caused when their dog bites or attacks someone, which varies by state law.
Domestic Violence
A pattern of abusive behavior in a relationship used by one partner to gain or maintain power and control over another intimate partner.
Drunk Driving Accident
A collision caused by a driver impaired by alcohol, potentially supporting punitive damages and dram shop liability claims.
DUI/DWI
Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) is the crime of operating a motor vehicle while impaired by alcohol or drugs.
Duty of Care
A legal obligation requiring a person or entity to exercise a reasonable level of caution and prudence to avoid causing foreseeable harm to others.
E
Economic Damages
Compensation for financial losses that can be calculated with specificity, including medical bills, lost wages, property damage, and future expenses.
Eggshell Plaintiff Rule
The legal principle that defendants must take plaintiffs as they find them, meaning they are liable for all injuries caused even if the plaintiff was unusually susceptible to harm.
Elder Neglect
The failure of a caregiver or care facility to provide adequate food, water, medical care, hygiene, shelter, or supervision to an elderly person in their care.
Elopement
The act of a nursing home or care facility resident leaving the facility without the knowledge or authorization of staff, often resulting in injury or death.
Employment Discrimination
Unfair treatment of employees or job applicants based on protected characteristics such as race, gender, age, disability, religion, or national origin.
Expert Witness
A person with specialized knowledge, training, or experience who is allowed to offer opinion testimony to help the jury understand technical or scientific issues.
Expungement
The legal process of sealing or destroying criminal records so they are not accessible to the general public or appear on background checks.
F
Fall Prevention
The protocols, procedures, and safety measures that healthcare and care facilities are required to implement to reduce the risk of patient and resident falls.
Felony
A serious crime punishable by imprisonment for more than one year, such as murder, rape, robbery, or drug trafficking.
First-Party Claim
An insurance claim filed by a policyholder against their own insurance company for losses covered under their policy.
FMLA Leave
Job-protected unpaid leave guaranteed by the Family and Medical Leave Act for qualifying family and medical reasons, including childbirth, serious health conditions, or caring for a family member.
Fracture
A break or crack in a bone, ranging from hairline fractures to complete breaks requiring surgical repair with plates, screws, or rods.
Functional Capacity Evaluation
A comprehensive series of physical tests performed by a trained evaluator to measure an injured person's ability to perform work-related and daily living tasks.
Funeral Expenses
The reasonable costs of burial, cremation, funeral services, and related expenses that are recoverable as damages in a wrongful death claim.
Future Medical Expenses
The projected cost of medical treatment, therapy, medication, and care that an injured person will need in the future as a result of their injuries.
G
Gap Insurance
Insurance coverage that pays the difference between a vehicle's actual cash value and the outstanding balance on the owner's auto loan or lease if the vehicle is totaled.
General Release
A broad legal document in which the plaintiff waives all claims, known and unknown, against a party in connection with an incident or dispute.
Good Faith Settlement
A settlement reached between the plaintiff and one of multiple defendants that is made in good faith and reflects a reasonable estimate of that defendant's proportional liability.
Green Card
A document showing that a foreign national has been granted lawful permanent resident status in the United States, allowing them to live and work permanently.
Guardian ad Litem
A person appointed by the court to represent the best interests of a minor or incapacitated person in legal proceedings.
Guardianship
A court-appointed arrangement where one person (guardian) is given legal authority to make decisions for another person (ward) who cannot care for themselves.
H
Head-On Collision
A crash where the fronts of two vehicles collide while traveling in opposite directions, often resulting in catastrophic injuries or death.
Hedonic Damages
Compensation awarded for the loss of enjoyment of life, reflecting the diminished ability to participate in and enjoy the activities and pleasures that made life fulfilling before the injury.
Herniated Disc
A spinal injury where the soft inner material of a spinal disc pushes through the tough outer layer, potentially pressing on nearby nerves and causing pain, numbness, or weakness.
High-Low Agreement
A binding agreement between the plaintiff and defendant that sets a guaranteed minimum (floor) and maximum (ceiling) on the damages award regardless of the jury's verdict.
Hit and Run
An accident where a driver leaves the scene without stopping to provide information or render aid, a criminal offense in all states.
I
Impairment Rating
A percentage assigned by a physician that measures the degree of permanent physical impairment resulting from an injury, based on standardized medical guidelines.
Independent Adjuster
A claims adjuster who is not employed by any single insurance company but is hired on a contract basis to investigate and evaluate claims.
Independent Medical Examination (IME)
A medical evaluation performed by a doctor who has not previously treated the patient, typically requested by an insurance company or employer to assess the injury claim.
Informed Consent
A patient's agreement to medical treatment after being fully informed of the risks, benefits, alternatives, and potential outcomes.
Insurance Bad Faith
An insurance company's unreasonable denial, delay, or underpayment of a legitimate insurance claim in violation of its duty of good faith and fair dealing.
Interlocutory Appeal
An appeal of a court's ruling on a specific legal issue that is filed before the case reaches a final judgment.
Internal Bleeding
Hemorrhaging inside the body, often not visible externally, that can be life-threatening if not promptly diagnosed and treated.
Interrogatories
Written questions sent to the opposing party that must be answered under oath as part of the discovery process.
Invitee
A person who enters property for business purposes or as a member of the public, owed the highest duty of care by the property owner.
J
Joint and Several Liability
A legal doctrine that allows a plaintiff to recover the full amount of damages from any one defendant, regardless of that defendant's individual share of fault.
Judgment
The official decision of a court resolving a dispute and determining the rights and obligations of the parties. A judgment may award damages, grant injunctive relief, or dismiss the case.
Jurisdiction
The authority of a court to hear and decide a case. A court must have both subject matter jurisdiction (authority over the type of case) and personal jurisdiction (authority over the parties).
Jury Instructions
Written legal directions given by the judge to the jury at the end of a trial, explaining the applicable law and the legal standards the jury must use to reach their verdict.
L
Last Clear Chance
A legal doctrine that allows a negligent plaintiff to recover damages if the defendant had the last clear opportunity to avoid the accident but failed to do so.
Letter of Protection (LOP)
A written agreement where a personal injury attorney promises to pay a healthcare provider from the client's eventual settlement or verdict, allowing the patient to receive medical treatment without paying out of pocket.
Liability
Legal responsibility for one's actions or omissions. When a person or entity is found liable, they are legally obligated to compensate the injured party for their losses.
Liability Dispute
A disagreement between parties about who is legally at fault for causing an accident, injury, or other harm.
Lien
A legal claim against a settlement or judgment that must be paid before the injured party receives their money, typically held by medical providers or insurers.
Life Care Plan
A comprehensive document prepared by medical professionals outlining all future care needs and associated costs for a catastrophically injured person.
Loss of Consortium
A claim by the spouse or family member of an injured person for the loss of companionship, affection, comfort, and sexual relations resulting from the injury.
Loss of Services
A claim for compensation reflecting the household, childcare, and other domestic services that the injured person can no longer perform as a result of their injuries.
Loss of Use
Compensation for the inability to use damaged property, such as a vehicle, during the time it is being repaired or replaced after an accident.
Lost Earning Capacity
Compensation for the reduction in ability to earn income in the future due to injuries, even if the person is still working.
Lost Wages
Income that an injured person loses because they are unable to work due to their injuries, including salary, hourly wages, bonuses, and other employment benefits.
M
Mandatory Reporter
A person who is legally required by state law to report suspected cases of abuse, neglect, or exploitation to the appropriate authorities.
Marital Property
Assets and debts acquired during the marriage that are subject to division in a divorce, as opposed to separate property owned before marriage or received as gifts/inheritance.
Maximum Medical Improvement (MMI)
The point in recovery when a worker's condition has stabilized and further medical treatment is unlikely to result in significant improvement.
Maximum Recovery
Obtaining the highest possible compensation for an injury claim through thorough documentation, strong advocacy, and skilled negotiation or trial.
Mediation
A form of alternative dispute resolution where a neutral third party (mediator) helps the parties negotiate a settlement without going to trial.
Medical Lien
A legal claim that gives a healthcare provider the right to be repaid from a personal injury settlement or verdict for treatment they provided to an injured patient. The provider treats the patient now and gets paid later when the case resolves.
Medical Malpractice
Professional negligence by a healthcare provider whose treatment falls below the accepted standard of care, resulting in injury or death to the patient.
Medical Payments Coverage (MedPay)
Optional auto insurance that pays medical expenses for the policyholder and passengers regardless of fault, without the restrictions of PIP coverage.
Medical Records Review
A detailed expert analysis of a patient's medical documentation to assess the nature and extent of injuries, the appropriateness of treatment, and the relationship between the accident and the medical conditions.
Medication Error
A preventable mistake in prescribing, dispensing, or administering medication that causes harm to a patient.
Misdemeanor
A less serious crime punishable by up to one year in county jail, fines, probation, or community service.
Misdiagnosis
A medical malpractice claim based on a healthcare provider incorrectly diagnosing a condition, leading to improper treatment or delayed proper treatment.
Mistrial
A trial that is terminated and declared invalid before a verdict is reached, typically due to a fundamental procedural error, juror misconduct, or a deadlocked jury.
Mitigation of Damages
The legal duty of an injured party to take reasonable steps to minimize their losses and avoid making their injuries worse after an accident.
Motion
A formal request made to a court asking the judge to make a specific ruling or order on a particular issue in a case.
Motion for Continuance
A formal request to the court to postpone or reschedule a hearing, deposition, trial, or other legal proceeding to a later date.
Motion in Limine
A pre-trial motion filed by either party asking the court to rule on the admissibility of specific evidence before the trial begins.
Motion to Dismiss
A request asking the court to throw out a case before trial, typically arguing the complaint fails to state a valid legal claim.
Motorcycle Accident
A collision involving a motorcycle, often resulting in serious injuries due to the rider's lack of protection compared to enclosed vehicles.
Multidistrict Litigation
A federal procedure that consolidates similar civil lawsuits filed in different federal districts into a single court for coordinated pretrial proceedings such as discovery and motions.
Multiplier Method
A common formula for estimating pain and suffering damages by multiplying the total medical expenses by a factor, typically between 1.5 and 5, based on the severity of the injuries.
N
Naturalization
The process by which a lawful permanent resident becomes a U.S. citizen by meeting eligibility requirements including continuous residence, physical presence, and passing civics and English tests.
Negligence
The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.
Negligence Per Se
A legal doctrine in which negligence is automatically established when the defendant violated a safety statute or regulation designed to protect the class of persons to which the plaintiff belongs.
Negligent Security
A premises liability claim alleging that inadequate security measures allowed a criminal act to injure someone on the property.
Nerve Damage
Injury to peripheral nerves causing pain, numbness, tingling, weakness, or loss of function in the affected area.
No-Fault Insurance
An auto insurance system where each driver's own insurance pays for their medical expenses and lost wages regardless of who caused the accident.
Non-Economic Damages
Compensation for subjective, non-financial losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
Nursing Home Abuse
The physical, emotional, sexual, or financial mistreatment of residents in nursing homes, assisted living facilities, or other long-term care settings.
O
Occupational Disease
An illness or health condition caused by exposure to risk factors in the workplace, as opposed to a sudden traumatic injury.
One-Bite Rule
A legal doctrine in some states where a dog owner is only liable for bite injuries if they knew or should have known their dog had dangerous propensities.
OSHA Violation
A failure to comply with workplace safety and health standards established by the Occupational Safety and Health Administration, a federal agency that regulates workplace conditions.
P
Pain and Suffering
A category of non-economic damages compensating injury victims for physical pain, emotional distress, and diminished quality of life caused by their injuries.
Parenting Plan
A written agreement between parents that outlines how they will share time with their children, make decisions, and handle disputes after separation or divorce.
Pedestrian Accident
An incident where a motor vehicle strikes a person walking, crossing the street, or otherwise on foot, often causing severe injuries.
Per Diem Argument
A method of calculating pain and suffering damages by assigning a specific dollar amount to each day the plaintiff has suffered and will continue to suffer from their injuries.
Personal Injury
A legal term for an injury to the body, mind, or emotions, as opposed to damage to property. Personal injury claims are typically brought in civil court to recover compensation for harm caused by another party's negligence or intentional misconduct.
Personal Injury Protection (PIP)
No-fault auto insurance coverage that pays medical expenses and lost wages regardless of who caused the accident.
Plaintiff
The person or party who initiates a lawsuit by filing a complaint against another party (the defendant) in civil court.
Plea Bargain
An agreement between the prosecutor and defendant where the defendant pleads guilty to a lesser charge or receives a reduced sentence in exchange for avoiding trial.
Policy Limits
The maximum amount an insurance company will pay for a covered claim under an insurance policy.
Post-Traumatic Stress Disorder (PTSD)
A mental health condition triggered by experiencing or witnessing a traumatic event, causing flashbacks, nightmares, severe anxiety, and avoidance behaviors.
Power of Attorney
A legal document authorizing someone (the agent) to act on another person's (the principal's) behalf in financial, legal, or medical matters.
Pre-Existing Condition
A health condition or injury that existed before the accident, which may complicate proving causation but doesn't bar recovery for aggravation.
Premises Liability
A legal doctrine holding property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions.
Probate
The court-supervised process of proving a will's validity, paying debts, and distributing a deceased person's assets to beneficiaries or heirs.
Probation
A court-ordered period of supervision in the community instead of imprisonment, subject to conditions like regular check-ins, drug testing, and avoiding new crimes.
Product Liability
Legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective products. Claims may be based on design defects, manufacturing defects, or inadequate warnings.
Prognosis
A medical professional's prediction about the likely course, duration, and outcome of a patient's recovery from an injury or illness.
Protective Order
A court order that requires one person to stay away from another, often issued in cases of domestic violence, harassment, or stalking.
Protective Order (Discovery)
A court order that limits the scope of discovery requests or restricts the use and disclosure of sensitive information produced during the discovery process.
Proximate Cause
The primary or legal cause of an injury that is sufficiently related to the harm to justify holding the defendant responsible, even if other factors also contributed.
Punitive Damages
Additional damages awarded beyond compensatory damages to punish the defendant for particularly egregious conduct and deter similar behavior in the future.
Q
Qualified Medical Examiner (QME)
A physician certified by the state to conduct independent medical evaluations in workers' compensation cases. QMEs provide objective opinions on injuries, treatment, and disability ratings.
Question of Fact
An issue in a case that must be decided based on the evidence presented, typically determined by a jury. Questions of fact involve what happened, who did what, and whether conduct was reasonable.
R
Rear-End Collision
An accident where one vehicle strikes the back of another vehicle, typically establishing fault against the following driver.
Reasonable and Necessary
The legal standard requiring that medical treatment and expenses be both medically appropriate for the condition and charged at a fair rate to be recoverable in a personal injury claim.
Release of Claims
A legal document signed by the plaintiff that releases the defendant from any further liability related to the incident in exchange for a settlement payment.
Remittitur
A court-ordered reduction of a jury's damages award when the judge determines the amount is excessive or not supported by the evidence.
Requests for Production
A discovery tool requiring the opposing party to produce documents, records, photographs, and other tangible evidence relevant to the case.
Res Ipsa Loquitur
A Latin legal doctrine meaning "the thing speaks for itself," which allows a jury to infer negligence from the very nature of an accident when it would not normally occur without someone's negligence.
Reservation of Rights
A formal notice from an insurance company informing the policyholder that while they will investigate or defend a claim, they reserve the right to deny coverage or limit their obligations later.
Residual Functional Capacity (RFC)
An assessment of the most an individual can do in a work setting despite their physical or mental limitations from medical conditions.
Respondeat Superior
A legal doctrine that holds an employer vicariously liable for the negligent actions of an employee when those actions occur within the scope of employment.
Rideshare Accident
An accident involving an Uber, Lyft, or other rideshare vehicle, with unique insurance coverage depending on driver status.
Rollover Accident
A crash where a vehicle tips over onto its side or roof, often involving SUVs, trucks, or vehicles with high centers of gravity.
Rotator Cuff Tear
An injury to one or more of the four muscles and tendons that stabilize the shoulder joint, causing pain and limited range of motion.
S
Scaffold Law
A statute, most notably New York Labor Law Section 240, that imposes absolute liability on property owners and contractors for gravity-related injuries sustained by workers on construction sites.
Scarring and Disfigurement
Permanent marks, scars, or changes in physical appearance resulting from an injury, often a significant component of damages in personal injury cases.
Scarring and Disfigurement
Permanent marks or changes to physical appearance resulting from injuries, burns, lacerations, or surgical procedures following an accident.
Service Connection
The VA's determination that a veteran's disability or condition is related to their military service, which is required to receive VA disability compensation.
Service of Process
The formal delivery of legal documents, such as a complaint and summons, to a defendant to provide official notice that a lawsuit has been filed against them.
Settlement
An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.
Settlement Brochure
A professionally prepared document that presents the plaintiff's case in a compelling narrative format, including evidence, medical history, damages, and a requested settlement amount.
Settlement Conference
A court-directed meeting between the parties, their attorneys, and often a judge or magistrate to discuss settling the case before trial.
Settlement Demand
A written demand from the plaintiff to the defendant or their insurance company requesting a specific amount of compensation to resolve a personal injury claim.
Sexual Harassment
Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that affects employment or creates a hostile work environment.
Slip and Fall
A premises liability case where someone slips, trips, or falls due to a hazardous condition on someone else's property.
Soft Tissue Injury
Damage to muscles, ligaments, tendons, or other connective tissues, often caused by trauma, overuse, or sudden movements like those in car accidents.
Spinal Cord Injury
Damage to the spinal cord that results in temporary or permanent changes in strength, sensation, and body functions below the site of injury.
Spoliation of Evidence
The intentional or negligent destruction, alteration, or concealment of evidence relevant to legal proceedings.
SSDI
Social Security Disability Insurance provides monthly benefits to people who cannot work due to a severe disability and have paid into Social Security through payroll taxes.
SSI
Supplemental Security Income is a needs-based program providing monthly payments to disabled, blind, or elderly individuals with limited income and resources.
Stacking
The practice of combining coverage limits from multiple insurance policies to increase the total amount of coverage available for a single claim.
Standard of Care
The degree of care and skill that a reasonably competent professional in the same field would provide under similar circumstances.
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
Statute of Repose
A law that bars lawsuits after a fixed period from a specific event (like product manufacture or construction completion), regardless of when injury occurs.
Strict Liability
Legal responsibility for damages regardless of fault or intent, commonly applied in defective product cases and certain dangerous activities.
Strict Liability (Animals)
A legal doctrine in many states holding dog owners automatically liable for bite injuries regardless of whether they knew the dog was dangerous or took precautions.
Structured Settlement
A settlement arrangement where compensation is paid through periodic payments over time rather than a single lump sum.
Subpoena
A court order that compels a person to appear and give testimony at a deposition or trial, or to produce documents and other evidence.
Subrogation
The right of an insurance company to pursue a third party who caused the loss to recover the amount paid on a claim.
Summary Judgment
A court ruling that resolves a case or specific issues without a full trial, granted when there are no genuine disputes of material fact and one party is entitled to judgment as a matter of law.
Superseding Cause
An unforeseeable intervening event that breaks the chain of causation between the defendant's negligence and the plaintiff's injury, relieving the defendant of liability.
Surgical Error
A preventable mistake during surgery, such as operating on the wrong body part, leaving instruments inside the patient, or damaging healthy tissue.
Survival Action
A legal claim brought by the estate of a deceased person to recover damages that the deceased suffered between the time of injury and their death.
T
T-Bone Accident
A collision where the front of one vehicle strikes the side of another, forming a T shape, often occurring at intersections.
TDIU (Total Disability Individual Unemployability)
A VA benefit that pays veterans at the 100% disability rate when their service-connected disabilities prevent them from maintaining substantially gainful employment, even if their combined rating is less than 100%.
Temporary Total Disability (TTD)
Workers' compensation benefits paid when an injured worker is completely unable to work for a temporary period while recovering from a work injury.
Third-Party Claim
An insurance claim filed against another person's or entity's insurance policy seeking compensation for damages they caused.
Third-Party Workplace Claim
A personal injury lawsuit filed by an injured worker against a party other than their employer, such as a subcontractor, property owner, or equipment manufacturer, for injuries sustained on the job.
Torn Meniscus
A tear in the cartilage cushion between the thigh bone and shin bone in the knee, commonly caused by twisting or rotating the knee with force.
Tort
A civil wrong that causes harm to another person, for which the law provides a remedy. Torts can be intentional, negligent, or based on strict liability.
Total Loss
When a vehicle is damaged to the extent that the cost of repairs exceeds the vehicle's actual cash value, or when the vehicle cannot be safely repaired.
Total Loss Threshold
The percentage of a vehicle's actual cash value at which the cost of repair causes the insurance company to declare the vehicle a total loss rather than repairing it.
Traumatic Brain Injury (TBI)
A disruption in normal brain function caused by a bump, blow, jolt to the head, or penetrating head injury, ranging from mild concussions to severe permanent damage.
Treating Physician
The doctor who provides ongoing medical care and treatment to an injured person, as opposed to a doctor who only performs an independent examination.
Trucking Accident
A collision involving a commercial truck, tractor-trailer, or 18-wheeler, often resulting in severe injuries due to the vehicle size and weight.
Trust
A legal arrangement where one party (trustee) holds and manages property for the benefit of another (beneficiary) according to the terms set by the creator (grantor).
U
Umbrella Policy
An excess liability insurance policy that provides additional coverage above and beyond the limits of the policyholder's standard auto, homeowner's, or other liability insurance.
Underinsured Motorist Coverage
Insurance coverage that protects you when the at-fault driver's liability insurance is insufficient to cover the full extent of your damages.
Uninsured Motorist Coverage
Insurance coverage that protects you if you're injured by a driver who has no liability insurance or insufficient coverage to pay for your damages.
V
VA Disability Rating
A percentage assigned by the Department of Veterans Affairs indicating the severity of a service-connected disability, which determines the amount of monthly compensation.
Verdict
The formal decision or finding made by a jury (or judge in a bench trial) on the questions of fact submitted to them during a trial.
Vicarious Liability
Legal responsibility imposed on one party for the actions of another, such as an employer being liable for employee negligence committed within the scope of employment.
Visa
An official document or stamp placed in a passport that allows a foreign national to apply for entry to the United States for a specific purpose and duration.
Voir Dire
The jury selection process during which attorneys and the judge question potential jurors to determine their suitability and identify any biases that could affect their impartiality.
W
Wage Theft
The illegal practice of not paying workers for all their work, including violations like not paying minimum wage, denying overtime, or stealing tips.
Whiplash
A neck injury caused by a sudden back-and-forth movement of the head, commonly occurring in rear-end car accidents.
Will
A legal document that expresses a person's wishes about how their property should be distributed after death and who should care for minor children.
Workers' Compensation
A state-mandated insurance program providing benefits to employees who suffer work-related injuries or illnesses, regardless of fault.
Wrongful Death
A civil lawsuit brought when a person dies due to the negligence or misconduct of another party. The lawsuit is filed by surviving family members or the estate.
Wrongful Death Damages
The specific types of compensation available to surviving family members when another party's negligence or wrongful act causes the death of their loved one.
Wrongful Termination
Illegal firing of an employee in violation of federal or state laws, employment contracts, or public policy.
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