- glossary
- a
Glossary
A
Abstract of Title
An Abstract of Title primarily pertains to property transactions but can be applicable in personal injury law when property disputes or damages are involved. It is a condensed history of a property title, documenting various aspects like ownership and liens, which can be pivotal in cases involving property damage or disputes in the context of an injury claim.
Accident Report
An Accident Report is a detailed, official record documenting the specific details and circumstances surrounding an injury-causing incident, such as a car crash or workplace accident. In personal injury cases, this report is integral in establishing the facts, identifying involved parties, and potentially, determining liability, aiding in constructing a robust legal strategy.
Act of God
In personal injury law, an Act of God refers to unforeseen natural disasters or occurrences, such as floods or earthquakes, that cannot be prevented or caused by human activity. This term becomes relevant when establishing liability, especially when the injury may not be attributed to any person but to unforeseen, unpreventable natural events.
Actual Damages
Actual Damages, or compensatory damages, in a personal injury context, refers to the monetary compensation awarded to the injured party for tangible losses. This can encompass medical expenses, loss of income, and property damage, with the aim to restore the injured individual to their pre-injury financial status.
Ad Litem
The term Ad Litem refers to a party appointed by a court to act in a lawsuit on behalf of another party, such as a child or incapacitated individual. In personal injury cases, an ad litem might represent an injured party to ensure that their rights are protected and justice is sought on their behalf.
Adjudicate
In the scope of personal injury, to Adjudicate means to formally resolve a dispute or a claim through legal means. This may involve a judge rendering a decision after evaluating the presented evidence and arguments related to an injury claim or dispute.
Affidavit
An Affidavit is a written statement confirmed by oath or affirmation, used as evidence in court. In personal injury cases, affidavits might detail the extent of injury and its impact, providing sworn evidence to support the claimant’s case.
Affirmative Defense
An Affirmative Defense is a tactic used by defendants in personal injury lawsuits where, even if the accusations are true, other facts prevent the claims from being actionable, such as the claim being barred by the applicable statute of limitations.
Aggravation
Within personal injury cases, Aggravation can refer to the worsening of a pre-existing injury or condition due to the incident in question. Determining the extent of aggravation is crucial in calculating appropriate compensation.
Aggregate Limit
The Aggregate Limit is the maximum amount an insurer will pay for all covered losses during a specified time period, often crucial in determining potential payouts in personal injury claims involving insurance companies.
Allocution
Allocution is a formal statement made by a defendant before sentencing. In personal injury contexts, particularly where criminal charges are involved, this may include admissions, pleas for mercy, or explanations for the act that caused the injury.
Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR) is a term used to describe several different methods of resolving legal disputes without going to trial, and it is often used in personal injury cases to find resolution in a more efficient and cost-effective manner.
Amicus Curiae
Amicus Curiae refers to a person or entity not involved in the case but who offers information or insight (often legal expertise) for the court’s consideration, potentially providing additional perspectives in complex personal injury cases.
Answer
In personal injury litigation, an Answer is the defendant's formal response to the plaintiff's complaint, addressing each allegation and establishing their defenses.
Appeal
An Appeal in the realm of personal injury law denotes a formal request to a higher court to review and change the decision of a lower court, which is particularly relevant in cases where parties contest verdicts or judgments.
Arbitration
Arbitration, a form of ADR, involves settling a dispute (such as a personal injury claim) through the decision of an arbitrator rather than through a court trial, often providing a quicker and less formal avenue for resolution.
Assignment of Benefits
Assignment of Benefits in a personal injury context relates to an injured party assigning their right to receive benefit payouts directly to a healthcare provider, thus allowing direct billing to the insurance company.
Assumption of Risk
Assumption of Risk is a defense in personal injury lawsuits asserting that the plaintiff knowingly and willingly undertook an activity aware of the inherent risks, and thus should not be compensated for resultant injuries.
At-Fault
In personal injury claims, the party determined to be At-Fault is recognized as the entity or individual whose negligence or intentional actions caused the injury, and hence, is liable for damages.
Attorney-Client Privilege
Attorney-Client Privilege is a legal principle that maintains the confidentiality of communications between attorneys and their clients, promoting open communication and robust defense development in personal injury cases.