Legal Terms and Definitions

Accident Report

A formal document detailing the facts of an accident.

Actual Damages

Compensatory damages for proven losses.

Adjuster

Insurance representative handling claims.

Affidavit

A written statement made under oath.

Aggravated Damages

Damages awarded for particularly egregious conduct.

Alternative Dispute Resolution (ADR)

Methods of resolving disputes outside of court like mediation or arbitration.

Amicus Curiae

Friend of the court; someone not party to a case who assists with information.

Answer

Defendant's response to a plaintiff's complaint.

Appeal

Request to a higher court to review a lower court's decision.

Arbitration

ADR method where a neutral party makes a binding decision.

Assault

An act causing another to fear imminent harmful contact.

Assumption of Risk

Defense claiming the plaintiff knew and accepted the risks.

At-Fault

The party responsible for causing an accident.

Attractive Nuisance

Hazardous condition likely to attract children like a swimming pool.

Automobile Liability Insurance

Coverage protecting against vehicle accident claims.

Battery

Intentional and harmful physical contact with another person.

Bench Trial

Trial conducted without a jury decided by a judge.

Bodily Injury

Physical harm to a person.

Breach of Duty

Failure to fulfill a legal obligation.

Burden of Proof

Obligation to prove one's claims in a lawsuit.

Caps on Damages

Legal limits on the amount of damages awarded.

Case Law

Legal principles established in court decisions.

Causation

The link between a defendant's actions and the plaintiff's injury.

Civil Rights

Rights protecting individuals from infringement.

Claim

A request for compensation for losses suffered.

Claimant

Person filing a claim for damages.

Class Action

Lawsuit filed by a group with common claims.

Comparative Fault

Apportionment of fault among multiple parties.

Compensatory Damages

Damages intended to compensate for actual loss.

Complaint

Legal document outlining a plaintiff's claims.

Contingency Fee

Attorney fee paid only if the case is won.

Contributory Negligence

Plaintiff's own negligence contributing to injury.

Damages

Monetary compensation for harm or injury.

Defamation

False statements harming a person's reputation.

Defendant

Person or entity being sued.

Defense

Legal argument or strategy used by the defendant.

Demand Letter

Formal letter requesting payment or action.

Deposition

Testimony taken outside court under oath.

Direct Examination

Questioning of a witness by the party who called them.

Disability

A physical or mental impairment affecting a person's life.

Discovery

Pre-trial process of exchanging evidence.

Duty of Care

Legal obligation to avoid causing harm.

Economic Damages

Damages covering financial losses.

Emotional Distress

Mental anguish suffered due to an injury.

Ex Parte

Legal action taken without notifying the other party.

Expert Witness

Specialist giving expert testimony.

Fault

Legal responsibility for causing harm.

General Damages

Compensation for non-economic losses like pain and suffering.

Gross Negligence

Extreme lack of care leading to harm.

Guardian ad Litem

Court-appointed guardian representing a minor's interests.

Hearsay

Testimony based on secondhand information.

Immunity

Protection from lawsuit or liability.

Indemnity

Compensation for harm or loss.

Informed Consent

Agreement after fully understanding risks involved.

Intentional Tort

Deliberate wrongful act causing harm.

Interrogatories

Written questions requiring answers from the opposing party.

Judgment

Court's final decision in a case.

Jury Trial

Trial where a jury determines the outcome.

Lawsuit

Legal action taken to enforce a right or claim damages.

Liability

Legal responsibility for one's actions.

Litigation

Process of taking legal action.

Malpractice

Professional negligence causing harm.

Mediation

ADR method involving negotiation with a neutral mediator.

Medical Expenses

Costs for medical treatment due to injury.

Mitigation

Effort to reduce damages after an injury.

Negligence

Failure to exercise reasonable care.

Non-Economic Damages

Compensation for non-financial harm.

Nuisance

Interference with the enjoyment of property.

Pain and Suffering

Physical and emotional distress from injury.

Partial Fault

Shared responsibility in causing an injury.

Personal Injury

Physical or psychological harm to a person.

Plaintiff

Person bringing a lawsuit.

Pleadings

Formal written statements filed with the court.

Premises Liability

Responsibility of property owners for injuries on their property.

Preponderance of Evidence

Standard of proof in civil cases.

Product Liability

Responsibility of manufacturers for defective products.

Proximate Cause

The primary cause of an injury.

Punitive Damages

Damages intended to punish the defendant.

Recklessness

Disregard for the safety of others.

Release

Legal document relinquishing rights to pursue further claims.

Settlement

Agreement resolving a dispute without trial.

Slip and Fall

Personal injury case involving a fall on someone else's property.

Standard of Care

Degree of care expected in a given situation.

Statute of Limitations

Time limit for filing a lawsuit.

Strict Liability

Liability without proving negligence.

Subpoena

Order requiring someone to testify or provide evidence.

Summary Judgment

Court decision without a full trial.

Survival Action

Lawsuit filed on behalf of a deceased person.

Third-Party Claim

Claim filed by someone indirectly involved.

Tort

Civil wrongdoing causing harm or loss.

Tortfeasor

Person who commits a tort.

Traumatic Brain Injury (TBI)

Serious injury to the brain.

Trespass

Unauthorized entry onto another's property.

Trial

Formal court process to resolve a dispute.

Underinsured Motorist Coverage

Insurance covering damages when the at-fault party is underinsured.

Uninsured Motorist Coverage

Insurance covering damages when the at-fault party has no insurance.

Vicarious Liability

Legal responsibility for another's actions.

Voir Dire

Jury selection process.

Workers' Compensation

Insurance for work-related injuries.

Wrongful Death

Claim for death caused by another's negligence.