This is a comprehensive alphabetical list of terms, phrases, variants, and colloquial expressions related to personal injury law. It includes scholarly, legal, academic terms, as well as pre-litigation, litigation, and post-litigation concepts, such as court motions. Each entry provides a simplified definition suitable for a lay person. Variants and colloquial phrases are listed as separate entries where applicable, with cross-references to main terms. The list draws from multiple legal glossaries and resources to ensure exhaustiveness, covering everything from basic concepts to specialized medical and procedural terms that attorneys commonly use.
Abstract of Title: A summary of the ownership history of a property, including transfers, liens, and other documents, used to identify title issues in cases involving real estate damage or disputes.
Acceleration: Shortening the time for a legal interest or payment to become due, often in insurance or settlement contexts where payments are expedited due to injury severity.
Accident: An unexpected and unintentional event causing damage or injury, often the starting point for a personal injury claim.
Accident Benefits: No-fault insurance payments for car crash victims, covering income replacement, medical care, and other needs regardless of fault (common in jurisdictions like Ontario).
Accident Insurance: Coverage that pays out for injuries from accidents, used flexibly by the injured person; supplements health insurance.
Accident Report: An official document detailing an incident, often by police or authorities, used as evidence to prove negligence in personal injury cases. Colloquial variant: Police report.
Accord: An amicable agreement between parties to resolve a dispute, often leading to a settlement.
Accrue: To accumulate or build up, such as interest on damages or the right to file a claim over time.
Act of God: A natural, unforeseeable event like a hurricane or earthquake that causes harm, often excusing liability as it couldn't be prevented. Colloquial variant: Force majeure.
Action (At Law): A legal proceeding where one party sues another for a wrong, such as negligence causing injury.
Actionable: Giving grounds for a lawsuit, like when negligence leads to provable harm.
Actionable Tort: A failure to meet a legal duty that results in injury, allowing the victim to sue.
Actual Damages: Compensation for proven losses from a wrong, such as medical bills or lost wages.
Ad Damnum: The amount of damages requested in a lawsuit complaint.
Ad Litem: A court-appointed representative, often an attorney, for a minor or incompetent person in a lawsuit. Variants: Guardian Ad Litem; Attorney Ad Litem.
Adjudicate: To make a judicial decision on a dispute, such as determining liability in a personal injury case.
Adjudication: The process of resolving a legal dispute through court proceedings.
Admiralty and Maritime Jurisdiction: Authority over cases involving events on navigable waters, like boating accidents causing injury.
Admission: Acknowledging certain facts as true, often used in discovery to simplify trials.
Admissible: Evidence that can be considered by a judge or jury.
Adult Protective Services (APS): A government agency investigating harm to vulnerable adults, like the elderly, in abuse or neglect cases.
Adversary Proceeding: A lawsuit within a bankruptcy case, potentially related to personal injury claims against a debtor.
Affidavit: A sworn written statement used as evidence, such as a witness describing an accident.
Affirmed: When an appeals court upholds a lower court's decision.
Alternate Juror: An extra juror who observes the trial and steps in if a regular juror cannot continue.
Alternative Dispute Resolution (ADR): Methods to resolve disputes outside court, like mediation or arbitration, often used pre-litigation to avoid trials.
Ambulation: The ability to walk or move, assessed in injury cases for mobility loss.
American Bar Association (A.B.A.): A national lawyers' organization promoting legal improvements, relevant in attorney ethics discussions.
Amicus Curiae: A "friend of the court" brief from a non-party offering advice on a case, often in appeals involving personal injury policy.
Amicus Curiae (Friend of the Court): A non-party providing input to the court on a legal issue.
Annotation: A note explaining a case or statute, used in legal research for personal injury precedents.
Annuity: Regular payments over time, often structured in settlements for long-term injury compensation.
Annul: To void or cancel, such as annulling a fraudulent insurance claim.
Answer: The defendant's written response to a complaint, outlining defenses in a lawsuit.
APGAR Score: A quick newborn health assessment after birth, used in birth injury cases to prove negligence.
Aphasia: Difficulty with language due to brain injury, a common claim in traumatic brain injury cases.
Appeal: Requesting a higher court to review and possibly reverse a trial court's decision post-litigation.
Appellant: The party appealing a lower court's decision.
Appellate: Relating to appeals courts that review trial decisions.
Appellee: The party opposing an appeal, defending the lower court's ruling.
Assets: Property or valuables that can be used to satisfy a judgment in a personal injury case.
Assault: An intentional act causing reasonable fear of imminent harm, an intentional tort. Colloquial variant: Threat of violence.
Assault and/or Battery: Threatening harm (assault) or actual unwanted touching (battery), both intentional torts.
Assumption of Risk: Knowingly accepting danger, a defense barring recovery if the plaintiff understood the risks. Colloquial variant: You knew what you were getting into.
Attendant Care Benefit: Insurance coverage for assistance with daily tasks if injured and unable to self-care.
Attendant Care Benefits: Payments for help with personal care after severe injury, like from family or aides.
Attorney Ad-Litem: See Ad Litem.
Attorney-Client Privilege: Protection keeping lawyer-client communications confidential. Colloquial variant: Lawyer confidentiality.
Attorney–Client Privilege: See Attorney-Client Privilege.
Average Daily Wage (ADW): Calculation of daily earnings for wage loss benefits in workers' comp claims.
Bad Drug: See Defective Medication.
Bad Faith: An insurance company's unfair denial or delay of a valid claim, leading to a separate lawsuit. Colloquial variant: Insurance stalling.
Bad Faith Claim: A lawsuit against an insurer for unreasonable handling of a claim.
Bailiff: Court officer maintaining order during trials.
Barrister: In some systems, a lawyer who argues in court (vs. solicitor who advises).
Battery: Intentional harmful or offensive physical contact without consent, an intentional tort. Colloquial variant: Unwanted touching.
Bench Trial: A trial decided by a judge without a jury. Variant: Trial by judge.
Benefit: Compensation or aid from insurance or programs for injury losses.
Best-Evidence Rule: Requirement to use original documents or recordings as evidence.
Beyond a Reasonable Doubt: The high proof standard in criminal cases (not typically in personal injury, which uses preponderance).
Birth Injury: Harm to a baby during birth, often from medical negligence, leading to malpractice claims.
Bodily Injury: Physical harm to a person's body from an accident or act. Colloquial variant: Physical injury.
Breach: Failing to meet a legal duty, like in negligence cases.
Breach of Duty: Failure to uphold a responsibility to act carefully, a key element of negligence.
Brief: A written legal argument submitted to court.
Burden of Proof: The duty to prove claims; in civil cases like personal injury, by preponderance of evidence.
Care Plan: A customized plan for an injured or elderly person's needs in nursing homes or rehab.
Caregiver Benefits: Insurance payments for caregiving costs if injured and unable to care for dependents.
Car Accident: A common personal injury event from negligence, like distracted driving. Colloquial variant: Fender bender (minor crash).
Case Evaluation: Initial review by a lawyer to assess a claim's viability, often free.
Case File: All documents in a court case.
Case Law: Law from past court decisions, used as precedent in personal injury.
Case Management: Coordination of care and services for an injured person.
Case Manager (CM): A professional coordinating treatment and recovery plans.
Cat Scans: See CT Scan.
Catastrophically Injured: Severe injuries qualifying for higher insurance benefits, like paralysis or brain damage.
Causation: Proving the defendant's actions directly caused the injury.
Cause of Action: The legal basis for a lawsuit, like negligence.
Caveat: A warning, like "buyer beware" in product liability.
Cease and Desist Order: Court order to stop an activity, like harassment.
Cerebellum: Brain part controlling movement; injury affects coordination.
Cerebral Palsy: A movement disorder from birth brain damage, often claimed in medical malpractice.
Chambers: A judge's private office.
Chemical Restraint: Using drugs to control behavior in nursing homes, potentially abusive.
Circuit Court: A court covering multiple areas, handling personal injury trials.
Circumstantial Evidence: Indirect evidence implying facts, like skid marks showing speeding.
Citation: Reference to legal authority, or a ticket for violations like traffic infractions.
Civil Action: A lawsuit for private wrongs, like personal injury, seeking money damages.
Civil Code: Laws governing non-criminal matters, including torts.
Civil Law: Laws for private rights, contrasting criminal law.
Civil Liability: Responsibility for non-criminal wrongs, leading to damages.
Civil Liability for Self-Defense: Being sued for excessive force in self-defense.
Civil Rights: Constitutional protections; violations can lead to personal injury claims.
Civil Rights: Protected liberties; breaches can result in tort suits.
Claim: A request for compensation from insurance or court for injury.
Claim (personal injury): A civil action for harm from negligence.
Claim Adjuster: Insurance worker investigating and settling claims.
Class Action: A lawsuit by a group with similar injuries, like from defective products. Colloquial variant: Group lawsuit.
Class-action Lawsuit: See Class Action.
Clayton Act: Law against anti-competitive practices, relevant in business torts.
Clean Hands: Requirement for fair dealing to seek court remedies.
Clear and Convincing: High probability standard for proof in some civil matters.
Closed Brain Injury: Brain damage from internal shaking without skull fracture.
Closed Head Injury: See Closed Brain Injury.
Cognition: Mental functions like thinking; impairment from brain injury.
Collateral: Property securing a debt, relevant in post-judgment collection.
Collateral Benefits: Income from non-lawsuit sources, like pensions, for injured persons.
Coma: Prolonged unconsciousness from injury, a catastrophic condition.
Common Law: Law from court precedents, basis for many torts.
Comparative Fault: Reducing damages based on the plaintiff's share of blame. Variant: Comparative Negligence.
Comparative Negligence: See Comparative Fault.
Compensation: Money for losses from injury, including damages.
Compensable Injury: Work injury qualifying for workers' comp benefits.
Compensatory Damages: Money for actual losses like bills or pain.
Complaint: Initial lawsuit document stating claims and demands.
Compos Mentis: Having mental capacity; opposite of incompetent.
Compulsory Medical Examination: See Independent Medical Examination.
Computerized Tomography Scans: See CT Scan.
Conclusion of Fact: Inference from observed facts in court.
Conclusion of Law: Legal determination based on facts.
Conclusive Evidence: Undisputable proof.
Concussion: Brain injury from head impact, causing symptoms like headaches. Colloquial variant: Seeing stars.
Conflict of Interest: When a lawyer's duties clash, like representing opposing sides.
Conflict of Laws: When laws from different places differ in a case.
Consanguinity: Blood relationship, relevant in wrongful death claims.
Consent Judgment: Court-approved agreement between parties.
Consortium: Benefits like companionship in a relationship; loss is claimable.
Contempt of Court: Disobeying court orders, punishable.
Contingency Fee: Lawyer paid only if case wins, as a percentage.
Contingency Fee Agreements: See Contingency Fee.
Continuance: Postponing a court proceeding.
Contract: Agreement creating obligations, breaches can be torts if harmful.
Contribution: Right to reimbursement from co-responsible parties.
Contributory Negligence: Plaintiff's fault barring recovery in some states.
Contusion: A bruise from broken blood vessels, a common injury.
Conviction: Guilty finding in criminal case, relevant if overlapping with tort.
Costs: Reimbursable legal expenses for the winning party.
Counsel: Lawyers or legal advice.
Count: Specific charge in a complaint or indictment.
Court: Body resolving disputes.
Court Reporter: Person recording court proceedings.
Creditor: One owed money, relevant in post-judgment collection.
Criminal Case: Government prosecution for crimes, separate from torts but can overlap.
Criminal Negligence: Carelessness so severe it's criminal.
CT Scan: Imaging test for injuries like brain damage.
Damages: See Damages (repeated in sources, core term).
Damages Cap: Limit on compensation amounts, like in medical malpractice.
Damnum Absque Injuria: Loss without legal injury, no recovery.
De Facto: Existing in fact but not law.
De Jure: Existing by law.
De Novo: A new trial or review.
Decubitus Ulcer: Pressure sores from neglect, common in nursing home claims. Colloquial variant: Bedsore.
Declaratory Judgment: Court ruling on rights without ordering action.
Decree: Court order, like in equity cases.
Deductible: Amount subtracted from awards or paid out-of-pocket before insurance covers.
Default Judgment: Win for plaintiff if defendant doesn't respond.
Defamation: False statements harming reputation. Variants: Slander (spoken); Libel (written).
Defamation Torts: See Defamation.
Defective Medication: A drug causing harm due to flaws, under product liability. Variant: Bad Drug.
Defendant: Party being sued.
Defense: Reasons why defendant shouldn't be liable.
Defense of Property: Using force to protect property, but limited to avoid liability.
Delayed Discovery Rule: Extends time to sue if injury wasn't discovered immediately.
Deliberation: Jury's process to decide a case.
Demand: Claim for relief or money in a lawsuit.
Demand Letter: Formal request for compensation before suing.
Demonstrative Evidence: Visual aids like models or charts in trial.
De Novo: Starting anew, like a full retrial.
Depose: To question a witness under oath in a deposition.
Deposition: Sworn out-of-court testimony for discovery.
Derogation: Partial repeal of a law.
Design Defects: Flaws in product design making it dangerous, a product liability claim.
Directed Verdict: Judge decides case without jury if evidence is clear.
Disability: Reduced ability to work or earn due to injury.
Disclosure: Sharing relevant info in discovery.
Discovery: Pre-trial exchange of evidence and info.
Discretion: Judge's power to decide within bounds.
Dismissal with Prejudice: Case ended, can't be refiled.
Dismissal without Prejudice: Case ended, can be refiled.
Disputed: Contested facts or claims in a case.
Distracted Driving: Driving while not focused, like texting, a negligent tort. Colloquial variant: Texting and driving.
District Court: Trial court for federal or state cases.
Docket: Court schedule or log of case events.
Driving Under the Influence (DUI): Impaired driving, often leading to negligence claims. Variants: DWI (Driving While Intoxicated or Impaired).
Due Care: Standard of reasonable action to avoid harm.
Due Process: Fair legal procedures protecting rights.
Duty: Obligation to act reasonably. Variant: Duty of Care.
Duty of Care: Responsibility to avoid harming others.
Economic Damages: Compensation for measurable financial losses like bills.
Economic Torts: Wrongs causing financial harm, like contract interference.
Elopement or Wandering: Confused resident leaving a facility unsupervised, a neglect claim.
Emergency Medical Condition (EMC): Serious condition needing immediate care, triggering higher insurance benefits.
Emotional Distress: Mental suffering from a tort, compensable.
En Banc: Full appeals court hearing a case.
En Ventre Sa Mere: In the mother's womb, relevant in fetal injury claims.
Enlargement: Extending time or scope in proceedings.
Enlargement: Increasing size or duration, like time extensions.
Entity: Person or organization that can be liable.
Equitable: Fair remedies like injunctions.
Erroneous: Incorrect ruling or fact.
Estoppel: Preventing someone from asserting a claim contradicting past actions.
Evidence: Proof presented in court.
Ex Parte: Proceeding with one side only.
Ex Parte: One-sided court action without notice to the other party.
Excess Judgement: Award beyond insurance limits, personal liability.
Excess Judgment: See Excess Judgement.
Exculpatory Evidence: Proof showing innocence or no liability.
Exemplar: Typical example, like in product liability testing.
Exemplary Damages: See Punitive Damages.
Exhaustion of Benefits: When insurance coverage runs out.
Exhaustion of Remedies: Must use all administrative options before suing.
Exhibit: Item introduced as evidence.
Expert Medical Witness: Doctor explaining medical issues in court.
Expert Witness: Specialist testifying on technical matters.
Failure to Prosecute: Not pursuing a case, leading to dismissal.
Failure to Warn: Not alerting to known dangers, a negligence claim.
Fall Risk Assessment: Evaluation of fall likelihood in care facilities.
False Imprisonment: Intentionally confining someone without authority.
Family Member Exclusion: Insurance clause limiting family claims.
Fault: Responsibility for harm due to negligence.
Federal Nursing Home Reform Act (OBRA): Law setting standards for nursing home care.
Federal Tort Claims Act (FTCA): Law allowing suits against U.S. government for negligence.
Federal Tort Claims Act: See Federal Tort Claims Act (FTCA).
Felony: Serious crime, can overlap with torts like assault.
Fender Bender: Colloquial for minor car accident.
Fetal Distress: Signs of baby trouble during birth, in malpractice claims.
Field Adjuster: Insurance investigator handling on-site claims.
File: Submit documents to court.
First Impression: Case without prior precedent.
First-Party Claims: Claims to your own insurance.
Force Majeure: See Act of God.
Forceps and Vacuum Extraction: Birth tools that can cause injury if misused.
Forensic: Science used in legal investigations.
Foreperson of Jury: Jury leader during deliberations.
Foreseeability: Ability to anticipate harm, key in negligence.
Forum Non Conveniens: Inconvenient court location.
Fraud: Deceptive acts causing harm, an intentional tort.
Fraudulent Transfer: Hiding assets to avoid paying judgments.
Gag Order: Court restriction on case publicity.
Garnishment: Taking wages to pay a judgment.
General Damages: Compensation for non-financial harms like pain.
Glasgow Coma Scale: Tool to assess brain injury severity.
Good Cause: Valid reason for court action.
Good Faith: Honest dealing, required from insurers.
Governmental Immunity: Protection for government from suits without consent.
Grand Jury: Group deciding if enough evidence for criminal charges.
Gross Negligence: Extreme recklessness, often punishable.
Group Lawsuit: See Class Action.
Guardian: Person legally caring for another's interests.
Guardian Ad Litem: See Ad Litem.
Habeas Corpus: Order to bring a prisoner to court to check detention legality.
Hazard: Dangerous condition, like in premises liability.
Hazardous Exposure: Contact with harmful substances, leading to claims.
Health Care Expenses: Costs for medical treatment after injury.
Hearsay: Second-hand testimony, usually inadmissible.
HIPAA Act: Law protecting medical privacy.
HIPPA Act: See HIPAA Act.
Hit & Run: Fleeing an accident scene, complicating claims.
Hospital Lien: Hospital's claim on settlement for unpaid bills.
Hospital Privileges: Doctor's right to treat at a hospital, relevant in malpractice.
Housekeeping and Home Maintenance: Benefits for home help if injured.
Hypoxic–Ischemic Encephalopathy (HIE): Brain injury from lack of oxygen at birth.
Impeachment: Challenging a witness's credibility.
In Camera: Private court session.
In Forma Pauperis: Filing without fees due to poverty.
Inculpatory Evidence: Proof of guilt or liability.
Income Replacement Benefits (IRBs): Payments for lost wages from injury.
Indemnity: Reimbursement for losses, like in insurance.
Independent Medical Examination (IME): Insurer-requested exam to verify injuries.
Indictment: Formal charge from grand jury.
Inducement of Contract: Interfering with a contract, an economic tort.
Informed Consent: Patient's agreement to treatment after knowing risks.
Informed Consent: Doctor's duty to explain risks before treatment.
Injunction: Court order to do or stop something.
Insurance: Contract for coverage against losses.
Insurance Policy: The coverage agreement.
Insured: Person covered by insurance.
Insurer: Company providing insurance.
Intent: Purposeful mindset in intentional torts.
Intentional Infliction of Emotional Distress: Extreme conduct causing severe mental harm.
Intentional Torts: Wrongs done on purpose.
Interrogatories: Written questions answered under oath in discovery.
Interrogatory: See Interrogatories.
Invasion of Privacy: Unwanted intrusion into private life.
Issue: Disputed point in a case.
Jones Act: Law protecting injured seamen.
Judge: Official deciding cases.
Judgment: Court's final decision.
Judicial Notice: Accepting facts as true without proof.
Jurisdiction: Court's power over a case or area.
Jury: Group deciding facts in trial.
Jury Instructions: Judge's guidance to jury on law.
Known Loss Rule: Can't insure known existing damage.
Lawsuit: Legal action for remedies.
Legal Malpractice: Lawyer's negligence harming client.
Letter of Protection: Promise to pay medical bills from settlement.
Liability: Legal responsibility for harm.
Liability Insurance: Coverage for harm caused to others.
Liable or Liability: See Liability.
Libel: Written defamation.
Lien: Claim on property for debt payment.
Limitation of Risk: Max insurance payout.
Liquidated Claim: Fixed amount claim.
Liquidation: Selling assets to pay debts.
Litigant: Party in a lawsuit.
Litigation: Court process for disputes.
Litigation Risk: Chance of losing at trial.
Loss: Value of harm from injury.
Loss of Consortium: Compensation for lost relationship benefits.
Loss of Earnings: Income lost due to injury.
Loss of Educational Expenses: Benefits for missed schooling costs.
Malpractice: Professional negligence, like medical or legal.
Malpractice Insurance: Coverage for professional errors.
Mandate: Court order to act.
Manufacturing Defects: Flaws in product making.
Maximum Medical Improvement (MMI): Point where injury won't improve further.
Means Test: Income check for bankruptcy eligibility.
Mediation: Neutral party helping settle disputes.
Medical and Rehabilitation Benefits: Coverage for treatment after injury.
Medical Malpractice: Doctor's negligence causing harm.
Medical Malpractice Caps: Limits on malpractice awards.
Medical Payments Coverage (Med-Pay): Insurance for medical bills regardless of fault.
Mesothelioma: Cancer from asbestos, often work-related claim.
Minor Injuries: Less severe injuries limiting benefits.
Misdemeanor: Minor crime, less than felony.
Mistrial: Invalid trial due to error.
Mitigate or Mitigation: Duty to reduce losses after injury.
Mitigating Circumstances: Factors reducing blame.
Motion: Request to judge for a ruling.
Motion for Summary Judgment: Pre-trial request to decide case without trial if no facts in dispute.
Motion in Limine: Pre-trial request to exclude evidence.
Motion to Compel: Request to force compliance, like in discovery.
Motion to Dismiss: Request to end case early, like for lack of evidence.
Motion to Quash: Request to invalidate something, like a subpoena.
Named Insured: Person listed on insurance policy.
Neg: Colloquial for negligence.
Neglect: Failure to provide needed care, like in nursing homes.
Negligence: Failure to act reasonably, causing harm.
Negligence Per Se: Automatic negligence from breaking a safety law.
Negligent Torts: See Negligence.
Neonatal Intensive Care Unit (NICU): Special unit for newborns, relevant in birth injury cases.
NFA: Colloquial for No Further Action.
NOA: Colloquial for Notice of Assessment.
No-Duty Doctrine: No liability if no duty owed.
No-Fault: Insurance paying benefits regardless of blame.
Nolo Contendere: Plea accepting conviction without admitting guilt.
Non-Catastrophically Injured: Serious but not catastrophic injuries.
Non-Economic Damages: Compensation for pain, suffering, etc.
Non-Earner Benefits: Payments for non-workers injured.
Non-Pecuniary Damages: See Non-Economic Damages.
Notary: Official witnessing signatures.
Notice to Insurer: Alerting insurance of potential claim.
Nuisance: Interference with property enjoyment.
Nuisance Torts: See Nuisance.
Nursing Home Abuse: Intentional harm in care facilities.
Occupational Disease: Illness from work exposure.
Opening Statement: Lawyer's initial trial outline.
Opinion: Judge's written explanation of decision.
Oral Argument: Lawyers presenting to appeals court.
Out-of-Court Settlement: Agreement without trial.
Out-of-Pocket Expenses: Personal costs before reimbursement.
Pain and Suffering: Compensation for physical and emotional distress.
Panel: Group of appeals judges.
Paralegal: Lawyer assistant.
Paraplegia: Paralysis of lower body from injury.
Parietal Lobe: Brain area for senses; injury impairs them.
Parties: Sides in a lawsuit.
Partial Disability: Reduced earning ability from injury.
Pecuniary Damages: Financial loss compensation.
Per Curiam: Unsigned court opinion.
Peremptory Challenge: Dismissing juror without reason.
Personal Injury: Harm to body, mind, or emotions.
Personal Injury Law: Area dealing with injury compensation.
Personal Injury Lawyer: Specialist in injury cases.
Personal Injury Protection (PIP): No-fault auto insurance for medical and wage losses.
Petit Jury: Trial jury.
Petition: Document starting bankruptcy or some cases.
Petty Offense: Minor federal crime.
Physical Abuse: Intentional force causing harm.
PIP: See Personal Injury Protection.
Plaintiff: Party starting lawsuit.
Plea: Response to charges.
Pleadings: Court documents stating claims/defenses.
Police Report: See Accident Report.
Post-Concussion Syndrome (PCS): Ongoing symptoms after concussion.
Post-Litigation: Phase after trial or settlement, like collecting judgments or appeals.
Post-Traumatic Stress Disorder (PTSD): Mental condition from trauma.
Power of Attorney (POA): Document authorizing someone to act for you.
Prayer for Relief: Lawsuit request for specific remedies.
Pre-Litigation: Phase before lawsuit, like negotiations or claims.
Precedent: Past decision guiding current cases.
Premises Liability: Owner's responsibility for property injuries.
Preponderance of Evidence: Civil proof standard: more likely than not.
Presentence Report: Background for sentencing.
Pretrial Conference: Meeting to plan trial or settle.
Pretrial Services: Post-arrest investigation for release.
Prima Facie Case: Initial evidence to support a claim.
Privacy Torts: See Invasion of Privacy.
Private Nuisance: Interference with one's property use.
Procedure: Rules for conducting cases.
Proceeding: Any court action.
Product Liability: Responsibility for defective products.
Products Liability: See Product Liability.
Prognosis: Doctor's prediction of recovery.
Proof of Claim: Creditor's statement in bankruptcy.
Proportionate Responsibility: Fault allocation reducing awards.
Pro Se: Self-representation without lawyer.
Probation: Supervised release instead of prison.
Probation Officer: Supervisor of probationers.
Procedure: Legal process rules.
Proof of Claim: Creditor's bankruptcy demand.
Property Damage: Harm to belongings.
Prosecute: To charge criminally.
Proportionate Responsibility: See Comparative Negligence.
Proximate Cause: Direct link between act and injury.
Public Nuisance: Interference with public rights.
Punitive Damages: Punishment money for bad conduct.
Quality of Life: Impact of injury on daily enjoyment.
Quadriplegia: Paralysis of all limbs from injury.
Qui Tam: Whistleblower lawsuit sharing recovery.
Quid Pro Quo: Something for something, like in harassment.
Reasonable Care: Standard to avoid harm.
Reasonable Person Standard: How an average person would act.
Recklessness: Disregard for safety.
Reckless Driving: Unsafe driving causing harm.
Record: Full case documentation.
Rehabilitation: Treatment to restore function.
Release (of Claim): Waiving rights after settlement.
Remand: Sending case back to lower court.
Remittitur: Reducing excessive verdict.
Resident Rights: Protections for nursing home residents.
Res Ipsa Loquitur: "The thing speaks for itself" – inference of negligence.
Respondent: See Defendant.
Restitution: Compensation for unjust gain.
Reverse: Overturning lower court decision.
Rogs: Colloquial for interrogatories.
Sanction: Penalty for rule violation.
Sentence: Punishment for crime.
Sentencing Guidelines: Rules for punishment.
Sequester: Isolating jury.
Service of Process: Delivering legal papers.
Settlement: Agreement to resolve case.
Shoulder Dystocia: Birth complication stuck shoulder.
Slander: Spoken defamation.
Slip and Fall: Colloquial for premises liability injury from fall.
Special Damages: See Pecuniary Damages.
Specific Loss: Compensation for lost body part.
Staffing Ratio: Workers per resident in care facilities.
Standard of Care: Expected level of professional care.
Standard of Proof: Required evidence level.
Statute of Limitations: Deadline to file lawsuit.
Statute of Repose: Absolute deadline for claims.
Strict Liability: Liability without proving fault.
Strict Liability Torts: See Strict Liability.
Subordination: Lowering claim priority.
Subpoena: Order for witness appearance.
Subpoena Duces Tecum: Order to bring documents.
Subrogation: Insurer's right to recover payments.
Summary Judgment: Pre-trial decision if no facts disputed.
Survival Claim: Claim continuing after death.
Temporary Restraining Order: Short-term stop order.
Testimony: Sworn witness statement.
Texting and Driving: See Distracted Driving.
Theft: Intentional taking of property.
Third-Party Claims: Claims against additional parties.
Third Party Litigation: Adding another party to lawsuit.
Threshold: Minimum injury level for suing in no-fault systems.
Tort: Civil wrong causing harm.
Tort Liability: See Liability.
Tortfeasor: Wrongdoer in a tort.
Tortious Act: Wrongful conduct in a tort.
Total Disability: Complete inability to work from injury.
Transcript: Written record of proceedings.
Traumatic Brain Injury (TBI): Brain damage from impact.
Trespass: Unauthorized entry on land.
Trespassing: See Trespass.
Trial: Court hearing to decide case.
Trust: Legal arrangement for property, liable in torts.
Underinsured/Uninsured Motorist Coverage (UIM): Coverage for hits by underinsured drivers.
Under-Insured Motorist Coverage (UIM): See Underinsured/Uninsured Motorist Coverage.
Uninsured Motorist Coverage (UM): Coverage for hits by uninsured drivers.
Unliquidated Claim: Claim for uncertain amount.
Verdict: Jury or judge decision.
Vicarious Liability: Responsibility for another's actions, like employer for employee.
Vicarious Liability: See Vicarious Liability.
Victim: Injured person in a case.
Voir Dire: Jury selection process.
Wage Garnishment: Deducting wages for debt.
Warrant: Court order for search or arrest.
Whiplash: Neck injury from sudden jerk, common in crashes.
Willful Negligence: See Gross Negligence.
Witness: Person providing testimony.
Workers’ Compensation: Benefits for job injuries.
Workers’ Comp: See Workers’ Compensation.
Writ: Court order for action.
Wrongful Death: Death from negligence, claim by family.
Wrongful Death Action: See Wrongful Death.
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