- glossary
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Glossary
E
Economic Damages
Economic damages in personal injury law represent the tangible, monetary losses incurred by a plaintiff due to an injury. Such damages, verifiable through documentation, can encompass medical bills, lost wages, and other directly quantifiable financial impacts resulting from the injury.
Emotional Distress
Emotional distress refers to the psychological impact suffered by a person due to a traumatic event or the negligent or intentional actions of another. In personal injury claims, compensation for emotional distress addresses the non-physical impact, such as anxiety, depression, or other psychological suffering, that an injury or incident has caused.
Employer Liability
Employer liability pertains to a legal responsibility shouldered by employers for the actions or negligence of their employees performed during the course of employment. In personal injury contexts, this may involve holding an employer accountable for injuries resulting from an employee’s actions or negligence.
Enjoin
To enjoin involves obtaining a court order, or injunction, which mandates or prohibits specific actions by a party. In some personal injury cases, a plaintiff might seek to enjoin a defendant from engaging in harmful activities that could cause further damage.
Entire Controversy Doctrine
The entire controversy doctrine posits that all aspects of a dispute must be resolved in a single legal action to prevent fragmentation of lawsuits. This principle ensures that all related claims between parties are adjudicated together, promoting judicial efficiency and consistency.
Environmental Tort
An environmental tort refers to a civil wrong arising from the damage or harm to the environment, which adversely affects an individual or group. In personal injury law, claims related to environmental torts may seek compensation for injuries or illnesses caused by exposure to environmental hazards.
Epidemiology
Epidemiology involves the study of the distribution and determinants of health and diseases, primarily focusing on populations. In personal injury cases, epidemiological data can be crucial in establishing a causal connection between an action (or inaction) and an injury or disease.
Equitable Remedy
An equitable remedy provides non-monetary resolutions in legal disputes, such as injunctions or specific performance, which aim to rectify a situation or prevent further harm. In personal injury contexts, equitable remedies might involve orders to cease a harmful activity.
Ergonomics
Ergonomics involves the study of people’s efficiency and safety in their working environment. In the realm of personal injury law, ergonomics might be referenced in cases where poor working conditions or inadequately designed equipment result in injury or harm to employees.
Errors and Omissions Insurance
Errors and omissions insurance provides coverage for businesses and individuals against claims made by clients for inadequate work or negligent actions. In certain personal injury claims, parties might seek compensation under this insurance for failures or negligence that led to physical harm.
Escrow
Escrow involves a third party holding and managing assets—often funds or a property—during a transaction between two parties. In personal injury settlements, escrow may be used to securely hold settlement funds until all agreement conditions are met.
Estoppel
Estoppel is a legal principle preventing a party from asserting a claim or right that contradicts what they have previously established as the truth. In personal injury cases, estoppel may prevent a party from altering their position if it contradicts previously presented facts or assertions.
Exacerbation
In personal injury terms, exacerbation refers to the worsening of a pre-existing condition due to an accident or injury caused by another party’s negligence. Compensation claims might include damages for both the initial injury and its exacerbated state.
Expert Witness
An expert witness is an individual possessing specialized knowledge through education, training, or experience whose testimony assists the court in understanding the facts of a case. In personal injury claims, expert witnesses might provide insights into medical issues, accident reconstruction, or other pertinent matters.
Ex Parte
An ex parte proceeding or communication involves only one party to a case, without the presence or representation of the opposing party. In personal injury law, certain ex parte motions or communications are restricted to preserve fairness and objectivity in the legal process.
Exemplary Damages
Exemplary damages, also known as punitive damages, are awarded in certain personal injury cases to punish the defendant for particularly egregious or malicious conduct and to deter similar future behaviors. These damages are in addition to compensatory damages awarded to redress the plaintiff’s losses.
Exhibit
An exhibit in personal injury litigation refers to a document, record, or object introduced as evidence during a trial. Exhibits help substantiate the claims of the presenting party, aiding the court in understanding and evaluating the facts of the case.
Express Warranty
An express warranty is a clearly stated guarantee made by a seller or manufacturer regarding the quality, performance, or condition of a product. In personal injury cases, breaches of express warranties might form the basis of product liability claims if defects or issues result in harm to consumers.
Exposure
Exposure, in a personal injury context, refers to coming into contact with a harmful substance or condition, such as toxins, radiation, or unsafe environments, which could result in injury or illness. Claims may seek compensation for damages resulting from negligent or wrongful exposure.