- glossary
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Glossary
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Tort
A tort represents a civil wrong that results in harm or loss to an individual, stemming either from intentional acts or negligence. It allows the injured party to seek compensation through legal means, promoting accountability and discouraging repeat of harmful behaviors.
Tortfeasor
A tortfeasor is an entity or person responsible for committing a tort, thereby causing harm to another. The term is applicable to parties causing damage either deliberately or through negligent acts and may face civil legal proceedings aimed at providing the victim with compensatory relief.
Tort Law
Tort law encompasses a body of laws crafted to redress individuals who suffer harm or loss owing to another’s wrongful actions or negligence. This legal framework aims to offer victims a means to retrieve damages, covering various incident types, such as personal injuries or defamation.
Tort Liability
Tort liability pertains to the accountability borne by a person or entity (tortfeasor) for committing a tortious act. It emphasizes ensuring that those responsible for causing harm, either through willful acts or negligence, are held financially accountable for the consequential damages incurred.
Tort Claim
A tort claim is a formal allegation that asserts that a person has incurred damages due to another party’s wrongful act. This claim generally seeks financial compensation for the victim, and underlines the legal avenues available for individuals to claim reparations for experienced wrongs.
Trial
A trial refers to a formal judicial proceeding where parties resolve disputes by presenting evidence and witness testimonies, culminating in a judgment. It can occur in various courts and might involve a judge or jury as the key decision-making entity.
Trial by Jury
Trial by Jury involves a legal process wherein a panel of jurors is tasked with analyzing evidence, considering witness testimonies, and delivering a verdict in a legal case. The objective is to ensure a fair and unbiased decision-making process, considering the collective assessment of jury members.
Trial Lawyer
A trial lawyer specializes in representing clients in court trials, be it civil or criminal cases. Their expertise includes crafting compelling arguments, presenting evidence effectively, and navigating courtroom protocols to advocate fervently for their client’s interests, aiming towards a favorable legal outcome.
Testimony
Testimony refers to the statements provided by a witness under oath in a legal proceeding, intended to present facts and assist in establishing the truth. Testimonies can be crucial in influencing the verdict as they can affirm or challenge evidence and claims presented during the trial.
Third-Party Claim
A third-party claim is lodged within the insurance domain, whereby an insured party files a claim against another entity's insurance policy. For instance, in auto accidents, the victim may file a claim against the at-fault driver's insurance, positioning themselves as a third party to the policyholder and insurer relationship.
Third-Party Defendant
A third-party defendant enters the legal fray when an existing defendant, facing a lawsuit, alleges that another entity shares responsibility for the claimed damages. This maneuver seeks to redirect part or all liability away from the original defendant to this additional party.
Third-Party Plaintiff
A third-party plaintiff is typically an original defendant who introduces a third party into a lawsuit, believing that they share liability for the damages claimed by the original plaintiff. This inclusion extends the litigation, involving more entities in the dispute resolution process.
Total Disability
Total disability denotes a health condition wherein an individual is utterly incapable of performing work-related duties due to a sustained injury or illness. This status often triggers eligibility for certain benefits, intended to provide financial assistance during a period where earning capacity is obliterated.
Traffic Collision Report
A Traffic Collision Report is an official document drafted by law enforcement detailing the circumstances, involved parties, and preliminary assessments related to a vehicular collision. This report can be pivotal in insurance claims and personal injury lawsuits, providing a foundational record of the incident.
Traumatic Brain Injury (TBI)
Traumatic Brain Injury (TBI) encompasses brain damage resulting from external force, such as a violent blow or jolt to the head. TBI can manifest in varied severities, potentially influencing cognitive function, physical abilities, and emotional wellbeing, often becoming a critical element in personal injury law cases.
Treble Damages
Treble damages refer to a legal remedy wherein the awarded damages are tripled, usually as a punitive measure. This is applied in cases where statutes deem it necessary to penalize the defendant further for intentional or grossly negligent actions, aiming to deter future occurrences.
Trespass
Trespass involves unlawfully entering or remaining on property owned by another, without permission. Within personal injury law, it's pivotal since trespassers might have limited rights to claim damages for injuries incurred on the property, contingent on jurisdictional law and circumstances.
Trespasser
A trespasser is an individual who enters or stays on another’s property without lawful authority or the owner’s consent. Legal protection and rights available to trespassers can vary significantly, especially concerning personal injury claims, hinging greatly on specific jurisdictional law and the circumstances surrounding the trespassing event.
Truth in Lending Act
The Truth in Lending Act is a federal statute designed to promote informed use of consumer credit by necessitating clear disclosure of key terms of the lending arrangement and all costs. Within personal injury cases, ensuring that any lending or credit used for case financing adheres to this act is paramount.
Temporary Disability
Temporary Disability implies a condition where an individual is temporarily unable to perform work activities due to injury or illness. Such incapacity isn’t deemed permanent and is often subject to time-limited benefits, aiding the individual financially until they are capable of resuming work.
Temporary Partial Disability
Temporary Partial Disability describes a state where an injured individual is temporarily unable to fully engage in their usual work activities. They may still perform some modified or light duties during recovery. Typically, individuals might be entitled to benefits that bridge the wage gap during this period.
Temporary Total Disability
Temporary Total Disability involves a scenario where an individual, while expected to recover, is temporarily unable to work in any capacity due to injury or illness. Legal and insurance frameworks often provide specific benefits to assist individuals financially throughout the period of total incapacity.
Tender of Defense
Tender of Defense pertains to a scenario wherein an individual or entity requests their insurer to defend them in a lawsuit. This legal and insurance crossover necessitates the insurer to engage in defense actions, potentially covering legal costs, if the claim falls within the policy's purview.
Theories of Liability
Theories of Liability encompass the legal frameworks utilized to establish a party’s liability in a case. Within personal injury law, these might include negligence, strict liability, or intentional wrongs, each theory possessing distinct criteria that must be substantiated to successfully affirm liability.
Threshold
In personal injury law, the "threshold" concept is applied in some jurisdictions to dictate a predefined severity level that an injury must meet to warrant compensation. The threshold ensures that only claims involving substantial injury or impairment proceed to demand non-economic damages like pain and suffering.
Time Limit
Time Limit, often synonymous with the Statute of Limitations, establishes a capped duration within which legal actions, such as filing a lawsuit, must be initiated. Exceeding this timeframe typically bars the potential for legal recourse, rendering timely action imperative following an injurious event.
Toxic Tort
Toxic Tort litigation revolves around claims resulting from exposure to harmful substances, implicating that such exposure led to injury, illness, or property damage. Plaintiffs often require robust scientific evidence to substantiate that the exposure was causally linked to the manifested adverse effects.
Transcript
A Transcript constitutes a verbatim, written record of spoken words, typically pertaining to court proceedings or depositions. In legal contexts, transcripts serve as crucial reference points, enabling review of exact utterances, aiding in appeals, and assisting attorneys in crafting subsequent strategic actions.
Trauma
Trauma, in a personal injury context, denotes a physical injury or shocking emotional experience resulting from an external event, like an accident or violent act. Legal actions regarding trauma aim to attribute responsibility for its occurrence and seek redress for the resultant adverse impacts.
Truck Accidents
Truck Accidents concern collisions involving larger vehicles, such as semi-trucks, and often implicate specific legal considerations due to the potential severity of injuries and the involvement of commercial entities. Legal proceedings might scrutinize adherence to regulatory mandates, driver conduct, and corporate responsibility in causation.
Trust
In a legal context, a Trust constitutes a fiduciary relationship in which one party, the trustee, is tasked with managing assets for the benefit of another party, the beneficiary. In personal injury settlements involving significant sums, trusts might be utilized to manage and disburse compensatory funds optimally.