- glossary
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Glossary
R
Rebuttal
A rebuttal in personal injury law pertains to a counterargument provided by an opposing party, countering evidence or allegations presented, often crucial during trials when conflicting evidence regarding the injury is introduced.
Recklessness
Recklessness describes the conscious disregard for the safety or rights of others. In personal injury contexts, reckless behaviors that cause harm can influence the determination of liability and the amount of damages awarded.
Record
In legal settings, the record encompasses all documents, evidence, and transcripts related to a case. For personal injury claims, the record will include medical documentation, eyewitness testimony, and other pertinent data supporting the injury assertions.
Recovery
Recovery refers to the compensation or other remedy obtained by a personal injury plaintiff or claimant, ensuring restitution for losses or damages sustained due to another party's negligence or intentional actions.
Recusal
Recusal involves a judge or official withdrawing from a case due to personal interest or bias. In personal injury scenarios, a fair and impartial judiciary is paramount to ensuring unbiased proceedings and decisions.
Redirect Examination
Redirect examination allows a party to clarify or refute points raised during cross-examination in trial, often pivotal in personal injury cases when clarification or additional context is required for testimonies related to injuries or incidents.
Reduced Earning Capacity
Reduced earning capacity acknowledges diminished ability to earn income, often resulting from injuries. In personal injury lawsuits, compensation might be sought for the loss in earning capacity due to sustained injuries.
Reduction
In personal injury settlements, a reduction may refer to a decrease in the amount of recovery, influenced by factors like contributory negligence or settlement negotiations, to a figure mutually agreed upon by involved parties.
Referee
A referee is an impartial individual appointed to review and resolve disputes. In certain personal injury contexts, a referee might assess evidence or case aspects, particularly in complex cases involving multiple parties or voluminous data.
Refiling
Refiling involves submitting legal documents or claims anew, which may occur in personal injury cases when initial filings are dismissed or require amendments to adequately represent the circumstances and damages incurred.
Reimbursement
Reimbursement involves repaying an individual or entity for expenses or losses. Personal injury plaintiffs often seek reimbursement for medical expenses, lost wages, and other financial burdens ensuing from an injury.
Reinstatement
Reinstatement refers to restoring a previous status or position. In insurance or employment contexts within personal injury claims, it could pertain to the restoration of employment or insurance benefits post-resolution.
Reinsurance
Reinsurance involves an insurer transferring portions of risk to another insurer to safeguard against substantial losses, relevant in broad-reaching personal injury cases where significant claims might impact an insurer's financial stability.
Rejection
Rejection, in a legal or insurance context, denotes refusing a claim, settlement offer, or legal contention, which can arise during negotiations or submissions in personal injury proceedings.
Release
A release in personal injury law often pertains to a legal document confirming the settlement of a claim, wherein the injured party relinquishes future claims related to the particular injury against the at-fault party.
Remand
To remand refers to sending a case back to a lower court for further action, which might occur in personal injury appeals where further examination or a new trial is deemed necessary.
Remedy
Remedy pertains to the means to achieve justice in any matter in which legal rights are involved. In personal injury law, remedies might involve financial compensation, injunctions, or other means to rectify the incurred damages or losses.
Renewal
In legal or insurance contexts, renewal may involve re-establishing the terms of an agreement, such as an insurance policy, vital for ongoing protection during and beyond personal injury claims.
Renters Insurance
Renters insurance provides coverage for a policyholder’s belongings and liability within a rented unit, potentially applicable in personal injury cases arising from incidents within rented premises.
Replacement Cost
Replacement cost refers to the monetary amount required to replace damaged possessions with new items of similar quality. In personal injury claims involving property damage, determining the replacement cost aids in establishing fair compensation.
Reply
A reply provides responses or counterarguments to previous assertions or evidence, and in personal injury cases, it is often used to address defenses or counterclaims presented by opposing parties.
Report
Reports, such as police or accident reports, often serve as crucial evidence, offering official narratives and initial findings related to incidents leading to personal injury claims.
Res Ipsa Loquitur
Res ipsa loquitur, translating to “the thing speaks for itself,” allows for inference of negligence from the nature of an injury, commonly utilized in personal injury cases where negligence is apparent yet specific actions might be difficult to prove.
Reservation of Rights
Reservation of rights involves an insurer agreeing to defend a policyholder with the reservation to deny coverage later, potentially applicable in personal injury cases wherein insurance involvement and coverage become pivotal.
Rescission
Rescission refers to the nullification of a contract, and within personal injury contexts, it may apply to voiding contracts or settlements if they were established under duress, misrepresentation, or other invalidating conditions.
Residual Functional Capacity
Residual functional capacity assesses an individual’s ability to perform work-related activities despite physical limitations, often pivotal in personal injury cases where long-term impacts of injuries are under examination.
Respondent
Respondent refers to the party responding to a claim or appeal. In personal injury litigations and appeals, the respondent could be either the original plaintiff or defendant, depending on who is appealing the initial decision.
Restitution
Restitution involves the restoration of losses incurred, often through financial compensation in personal injury law, to return the injured party to the financial position they were in prior to the incident.
Restraining Order
A restraining order imposes legal restrictions on an individual, often related to contact or proximity to another person. While not exclusive to personal injury law, they may become relevant in cases involving threats, harassment, or related harm.
Retainer
A retainer in personal injury law often involves a fee paid to retain the services of an attorney, securing their advocacy and representation throughout the legal process.
Retaliatory Discharge
Retaliatory discharge refers to terminating an employee as a response to specific actions, such as filing a workers’ compensation claim, which can manifest as a subsidiary claim within personal injury contexts.
Retirement Benefits
Retirement benefits involve financial supports provided post-employment, which can be influenced or disrupted by personal injuries, thus potentially becoming a consideration in determining damages and future financial impacts.
Reversion
Reversion involves reverting property back to its original owner, or their heirs, under specific conditions, which while not common in personal injury law, may become relevant in cases involving property disputes related to injury claims.
Review
Legal review involves thorough examination of case details, legal documents, or legislation, ensuring that they adhere to legal norms and adequately represent the interests and rights of involved parties, crucial in preparing and presenting personal injury claims.
Right of Way
Right of way pertains to the legal right to proceed ahead of others in specific traffic scenarios, and in personal injury cases, particularly vehicular accidents, determining who had the right of way can influence liability determinations.
Risk
Risk, in a legal and insurance context, refers to the exposure to legal liability or financial loss, continuously evaluated throughout personal injury proceedings and insurance considerations.
Road Rage
Road rage involves aggressive or violent behavior stemming from a driver's uncontrolled anger at the actions of other drivers, and in personal injury cases, it can influence liability, particularly if road rage contributes to an accident.
Rollover
A rollover refers to a type of vehicle accident where a vehicle turns over onto its roof or side, and within personal injury law, establishing the causes and contributing factors to a rollover can influence liability and compensation determinations.
Rule of Law
The rule of law embodies that every individual and institution is subject to and accountable to law that is fairly applied and enforced. In personal injury claims, adherence to the rule of law ensures fair treatment and just outcomes for all parties involved.
Rules of Evidence
The rules of evidence govern the admissibility of evidence in legal proceedings and are pivotal in personal injury cases to ensure that presented evidence is reliable, relevant, and conforms to legal standards.