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Glossary of Personal Injury Terms

personal-injury-accident-attorney-los-angeles-lawyers-claims-compensationAcknowledgment: A statement by words or in written form displaying an acceptance of terms presented. This could also be made via a declaration of acceptance and the end of a legal document.

Action: Or Legal Action is a formal complain made in court regarding a lawsuit.

Adjudication: A judgment given by the court regarding a particular matter or issue presented by parties in a lawsuit.

Accident : An accident is an unforeseen and unintentional act identifiable in time and place.  Accidents are often the result of negligence of one or more party. The most prevalent accidents in Los Angeles are auto accidents.

Accidental injury: Injury to a person resulting from the accidental act of another.  Often such accidents are the result of negligence.

Act of God:  An occurrence resulting from natural causes “An act of god” without any human negligent acts:  Acts of God are those which cannot prevented by reasonable care or foresight: Examples are, lightning, rainstorms, floods, volcano eruptions.

Administrative Hearing: Often, in workplace injuries resolutions of workers compensation claims are adjudicated by administrative judicial bodies instead of civil courts.  Such hearing have different rules of procedure and evident than civil courts.

Administrator / Administratrix: This is the person that is appointed by the court to administer the estate of a deceased person.

Adversary Proceeding: Legal proceeding involving parties with opposing interests, with one party seeking legal relief while the other opposing it.  Often legal relief is settled for via a financial compensation for injuries.

Allegation: The claim made in a pleading by a party to an action setting out what he or she expects to prove.

Admissible Evidence: See Evidence

Affidavit: A written document sworn on oath before a person having such authority.

Agreed Medical Evaluator (AME): A physician that is agreed to by both parties, the plaintiff’s attorney and defendants insurance company to evaluate a plaintiffs injuries.

Alternative Dispute Resolution (ADR): An agreement to attempt to settle a disagreement outside of legal proceedings.   ADR’s can include mediation, arbitration and settlement among others.

Allegation: The claim made in a pleading by a party to an action, setting out what he or she expects to prove.

Americans with Disabilities Act (ADA): ADA is a Federal law passed on the early 1990’s prohibiting discrimination against individuals with disabilities. This can include workplace discrimination.

Appeal: If a party to la lawsuit, defendant or plaintiff does not agree with a court decision he may  request to higher court ( or appeals court) to review and change the result in a case.

Appearance: The formal proceeding by which a defendant submits to the jurisdiction of the court.

Appellate Court: A court having jurisdiction to hear an appeal.

Arbitration: A form of ADR (alternative dispute resolution). An arbitration is more formal than a mediation and the parties can agree before hand to enforce agreement made during arbitration in civil courts.

Attorney-Client Privilege: As a result of the special relationship between an attorney and his client; an attorney has the right not to disclose information transmitted during such a relationship for the purposes of maintaining the confidentiality of the relationship.

Attorney of Record: This is the principal attorney in a lawsuit. An attorney on record will who sing formal documents relating to the lawsuit in question.

Aggregate Limit : The maximum amount that could be paid under a particular insurance coverage,  this amount is present regardless of the monetary amount of injuries and damages.

Bad Faith: A party to an agreements intentional action via words or deeds to mislead the other party.  Such actions are of paramount concern in insurance compensation claims where insurance company refuses to pay the insured.  Such actions can be fought by the insured via the implementation of insurance bad faith claims.  Bailiff. Court officer responsible for keeping order in the court, custody of the jury, and custody of prisoners while in court.

Battery: Use of force against another without the other persons consent. If such actions result in injury then a lawsuit  for battery can be filed.

Bench trial: A  Non-Jury Trial where a  judge decides questions of law and or questions of fact.

Binding Authority: A Law or previous judicial adjudication controlling the outcome of a certain lawsuit.

Breach of Contract:Failure, without legal excuse, to perform all or some of the duties established in a contract.

Burden of Proof: Required in a specific kind of case to prevail. In most civil cases, it is preponderance of the evidence.

Bystander: In personal injury law a bystander us a person who is a party indirectly harmed as a result of actions, (negligence or intentional torts) towards another individual.  Under Common Law as well as some modern jurisdictions If a special relationship exists between the individual directly harmed and a bystander then recovery for a bystanders harm may be recoverable.

Carcinogen: A cancer-causing agent or substance, leading or having a positive effect on the growth of cancer in the human body.  Examples include: Asbestos, radon, arsenic, benzene, and uranium. Also referred to as a Carcinogenic compound.

Carve-out:  A Carve out is a contraction relationship agreed to between an employer and its workers, usually under the guise of a Union to create an alternatives to a state’s workers’ compensation benefit program.

Case Law: Law established by previous court decisions.

Causation: A negligent cause of action requires, (1) Breach of a Duty (2) being the cause of injury (3) resulting is damages.  Causation is obtained through the evaluation of two separate and distinct analyses, (1) Factual cause, also referred to as but-for cause of action and (2) Approximate cause; usually analyzed through whether the injury and the harm to the person was foreseeable.

Cause of Action: Facts that give a plaintiff the legal justification to seek a remedy through the court.

Certification: A Written attestation or an  Authorized declaration verifying that an instrument is a true and correct copy of the original document.

Civil Action: Legal act brought to enforce rights of an individual. Most action in court proceedings are civil actions.

Civil Procedure: These are the rules and process civil cases are tried and appealed. Different jurisdictions have differing rules of civil procedure that must be followed in order to ensure fairness of the court.

Class Action: A lawsuit brought forth by a member of a group of individual harmed by another.  Usually class action lawsuits are brought forth when there are too many plaintiffs making adjudication of a legal issue difficult.  Different courts and jurisdictions have different rules regarding the acceptance of Class action lawsuits.  A class action requires (1) an identifiable group of people with (2) well-defined interest in the facts and law at issue (3) too many plaintiffs in the group for it to be practical to bring them all before the court and  (4) the individuals bringing suit are able to adequately represent the entire group.

Class Action Claims are prevalent in many areas of personal injury law including, defective products, dangerous drug injury lawsuits, and medical supply defect claims.

Claimant: An individual who makes a claim or asserts a right;

Compensatory Damages: Damages that cover actual injury or economic loss intended to put the injured party in the position he was in prior to the injury.

Complaint: A document filed by a plaintiff with the court which contains allegations and damages sought. A complaint generally starts a lawsuit.

Contingent Fee Agreement :  An agreement made between an plaintiff (client) and an attorney whereby an attorney will not get paid until there is compensation in the matter.  In the agreement the parties consent to a certain percentage of the compensation divided between the plaintiff and his attorney for services rendered.

Continuance: Deferral of a legal proceeding to a later date; usually a deferment or continuance requires good cause.

Contract: an agreement made by two or more parties enforceable in the court of law. A contract need not be in writing, and can be formulated by deeds and actions.

Corroborating Evidence: Supplementary evidence is bought forth to strengthen or confirm the initial evidence.

Counterclaim: Brought forth be the defendant or defendant against the plaintiffs in lawsuits.  Depending on certain judicial procedure a counterclaim must be brought by defendants during trial.

Court Costs: Expenses and costs incurred by the court.  As a result of high court cost judges have an incentive to push both parties for resolution outside of the judicial system.

Court Reporter: Using a stenographical machine a court reporter records and transcribes testimony trial.

Cross Claim: Claim brought by a defendant in a lawsuit against another or co-defendant in the lawsuit.

Cross-Examination: The questioning of the other side’s witness.

Cumulative Injury: Injuries resulting from repeated multiple events. Such injuries are numerous in work related compensation injuries.

Damages: Recoverable monetary claim brought forth in a legal action against liable parties.

Declaratory Judgment: Judicial adjudication of the rights of the parties in a lawsuit made to clarify the legal positions of the two sides.

Deposition: Testimony taken under and not in a courtroom.

De Novo: A Call for a new trial by one of the parties after the case has be adjudicated.

Direct Examination: The questions of a parties own witness.  Also referred to a deponent in a deposition hearing.

Directed Verdict or a Judgment as a matter of Law: Motion made by a party stating to the court that the other side has failed to produce evidence to reasonably support its case.  Thus instead of the issue going to the jury it should be decide as a matter of law by the judge.

Discovery: The process of pretrial actions taken by both sides in which evidence from the parties are exchanged.

Disfigurement: Serious and permanent scar to the head, neck, or face and body.  Such damages are recoverable under personal injury claims as well as worker compensation claims. Such damages can be considered a disability.

Dismissal:  A termination of a lawsuit:

Due Process of Law: The right of all persons to receive the guarantees and safeguards of the law and the judicial process.

Duty: In negligence cases, a “duty” is an obligation to conform to a particular standard of care.

Escheat: The process by which a deceased person’s property goes to the state if no heir can be found.

Expert testimony: A witness who may give an opinion in court predicated on his expertise in a certain field. Court must first accept his competence to give his opinion based on his educations, and vocational background.

Felony: A crime punishable by death or a sentencing to prison of more than a year.  Felonies are distinguished from misdemeanors which are punishable by a fine and less than one year in prison.

Finding: Decision by a judge concerning a case.

Fraud: Knowingly false statements of fact intended to induce another person to rely upon and, in reliance thereof, relinquish a valuable thing he or she owns or a legal right he or she is entitled to.

Gross Negligence: Gross Negligence is defined as A reckless disregard for the potential harm of an act.  This take place  when an individual know of or should know of the potentially high magnitude of harm possible by his actions, and decides to knowingly take on those actions despite the knowingly high degree of harm.

Guardian: A legally responsible individual appointed to care fro a person while he/she is rendered incompetent.

Guardian Ad Litem: An individual or entity appointed by the court to oversee the interests of either a minor or a person incapacitated an unable to defend his own rights in court.

Harmless Error: An error committed during a trial that was not serious enough to affect the outcome of a trial and, therefore, will not strike down the decision made at trial.

Hearing: Court proceeding before a judge. Hearings can be held in public or in private.

Hearsay: Usually secondary evidence based on a remark heard by the witness concerning someone else. If the evidence is brought forth to prove the truth of the matter there in is considered hearsay and is inadmissible in the court of law..

Homeowner’s Insurance: Policy that insures individuals against any, some, or all of the risks of loss to personal dwellings or the contents of personal dwellings or the personal liability pertaining to personal dwellings.

Hung Jury: When members of a jury cannot agree in a matter.

Immunity: or Immunity from prosecution:  When the court allows an individual to  freedom to speak as a witness without the fear of other partied seeking legal action against him for his testimony

Impeachment of a Witness: An attack on the credibility of a witness.

Indemnify: To restore the victims damages in a negligence cause of action.  If there are several defendants then the defendant forced to pay can seek retributive indemnity from the other defendants (ie liable parties)

Injunction: Or injunctive relief, take place when the court compelled the stoppage of an action by a party in order to prevent further harm.

Informed Consent: An agreement by parties, in which both sides are aware of the risks at hand, for an action to take place.

Insurance Accepted Claim:  A claim in which the insurance company accepts that your injury or illness will be covered by workers compensation.

Interrogatories: Written questions developed by one party’s attorney for the opposing party. Interrogatories must be answered under oath within a specific period of time.

Intestate: when an individual dies without a will his assets will go into intestate.  Court will handle the distribution of his assets.

Invasive cancer: Cancer characterized by spreading from its point of origination into other tissues and organs.

Invitee: A person is an invitee on land if he enters land by invitation for a monetary (ie business purpose).  This can include shopping, working, etcetera. A property owner owes a higher level of duty to invitees in comparison to other entrants to his property.

Joint and Several Liability: A Plaintiff can sue one or more defendants separately or all together at his or his option. A plaintiff can recover the entire amount of damages from one defendant, even if all of the defendants are liable. Then the defendant in the lawsuits can be indemnified by the other parties.

Judgment: Official decision of a court resolving the issues in a legal action and stating the rights and obligations of the parties. See also decree, order.

Jurisdiction: The legal right by which courts exercise their authority.

Jury: Specific number of people selected a jurors (member of a jury) to provide a verdict in a trial. Also see bench trial where the judge decides the verdict.

Lawsuit: A civil action; a court proceeding to enforce a right (rather than to convict a criminal).

Lawyer: Licensed to practice law in a certain jurisdiction;  also called attorney, counsel, solicitor and barrister.

Legal Cause or approximate cause: a question of foreseeability, was the damage foreseeable by the defendant when he acted.

Liability: Obligation owed by one entity to another under the law;  liability can include the performance of a duty by usually involves the payment on monetary damages as compensation.

Licensee: A person who enters land with consent. There are special duties owed by the property owner to a licensee.  For more information see Invitee.

Lien: A burden placed on the property of an individual who was deemed by the court to owe a sum of money to another party.  A lien is placed until such monetary reimbursement is satisfied.

Litigant: An individual or entity party to personal injury lawsuit.

Negligence: Negligence occurs when the standard of care falls below that of a reasonably prudent person. A prima facie case requires a showing of duty, breach, causation and damages. The defendant or party causing the harm must owe a duty to the victim or plaintiff, he must have breached that duty of care, his actions must have been the cause both proximate and actual and damages must result.

Negligence Per Se- Conduct that is considered “per se” negligence does not require a showing of duty, breach or causation. Such categories of negligence are provided via statute and negligence is assumed, however causation and damages still must be shown.

Nisi Decree- This is decree or court order which will ultimately become absolute or final unless there is some type of change which will take place.

Nonfeasance- Failure to act when you have an affirmative duty to act via contract, relationship or otherwise.

Non-Jury Trial or Bench Trial- Trial without the presence of a jury, where the judge decides both the factual issues and legal issues, where in a jury trial the jury would decide factual issues.

Non-Moving Party- Party in a suit which is not presenting or providing the court with any type of motion or request is known as the non-moving party.

Notice of Compensation Payable- Otherwise known as “NCP”, is the acceptance of liability related to a work injury or employment injury, which is filed by the employer or their respective insurance carrier. Upon the filing of such a claim, the insurance provider is required to pay the amount within 21 days after receipt of the notice.

Notice of Injury- Anytime there is a work related injury during the course of employment, the employee is required to report the injury within 21 days. If the injury is not properly reported within 120 days of the incident or within having knowledge of the incident, compensation is not permitted. An exception is permitted if the disease is considered progressive in nature.

Notice of Workers Compensation Denial- A notice of denial related to a worker’s compensation claim occurs when an employer’s claim for workers compensation is denied. The employee has 3 years from the date of injury to file a petition for the injuries.

Objection- An in trial statement made by an attorney on record, that the proceedings are illegal or evidence permitted or manner of questioning is illegal. Objections allow for a party to subsequently appeal in the event that the objections are made.

Occupational Disease- An occupational disease is one that occurs from work related injuries which are harmful to the health of the employee.

Opinion- A written statement by a judge which states his opinion, which applies the facts to the law and states the applicable reasons for his decision.

Ordinance- Regulation which is adjudicated and passed by a legislative entity or body.

Out-of-Court Settlement- A separate agreement between the parties, defendant and plaintiff, which is made out of court in an effort to resolve the lawsuit without a court ordered judgment.

Partial Disability- This is considered to be any disability that limits the ability to seek or continue employment, in a limited capacity. Or injury that is less than total injury.

Perjury- A party who commits perjury makes a false statement while under oath in a judicial proceeding or other circumstance which he/she is placed under oath and fails to provide accurate or truthful testimony.

Personal Jurisdiction- The judicial authority over the person.

Personal Representative-  One who takes the place or stands in the place of another in a representative capacity.

Petition- A written request for a court to act or refrain from acting on a certain manner or in a particular order.

Petition to Terminate, Modify or Suspend Benefits- In workers compensation cases, this is a request or petition which are filed by the employer or his respective insurance carrier to terminate compensation for the injured parties.

Petitioner- Person who petitions the court or officer of the court.

Plaintiff- Party brining the cause of action.

Plead- A formal answer to the plaintiff’s complaint by the defendant.

Possessor of Land- Owner or occupier of the land.

Power of Attorney- A document which gives authorization by a person to take legal action on behalf of another.

Precedent- A prior court decision which sets the authority for a particular cause of action.

Preponderance of the Evidence- The requisite amount of evidence which the plaintiff must show in a civil action to be successful.

Prevailing Party- Generally, the winning party in a lawsuit.

Prima Facie- Latin for “on its face”, generally refers to the required level of proof needed to establish a cause of action by the plaintiff or defendant.

Primary Care Physician (PCP)– Doctors or physicians who work with insurance providers, HMO’s, and control a member of the organizations access to medical care.

Privileged Communication- Communication that is protected and not subject to disclosure,. Such privileges fall under the rules of evidence and exist between spouses, attorneys, doctors priest and accountants.

Pro Bono- Services offered without charge.

Products Liability- Body of law which deals with liability from manufacturers, sellers and re-seller of harmful or dangerous products.

Promulgate. To announce.

Proximate Cause- The but for cause of the plaintiffs injuries, where but for the defendants actions the harm would not have occurred.

Punitive Damages- Monies paid in order to punish the defendant for the harm caused or injuries caused by his/her actions. Generally cannot be more then seven times that of the general damage awarded.

Purchaser-Party who purchases the product.

Question of Fact- Issues which are factual in nature.

Question of Law- Issues which pertain or surround the issue of law or are based on law rather then fact and are generally decided by the judge.

Reasonable Care- A level of care which is supposed to be exercised by a party that is common amongst his community or peers.

Reasonable Man Doctrine- Standard of care equivalent to that of a reasonably prudent person, which is generally used to show negligence.

Rebut- To deny or refute allegations made during a proceeding.

 Record- Collection of all material filed with the court.

Records of Work Environment- Documents and records which related to the safety of the workplace.

Recovery- Compensation for a judgment which is obtained as a result of a formal judgment or court order.

Recusal- A judges withdrawal from deciding on a judicial proceeding or hearing before him due to prejudice or other conflicts of interest.

Reinstatement of Benefits- The continuation or reinstatement of payments in a workers compensation claim after a suspension or discontinuation of such benefits as a result of a loss in earning potential or capacity.

Reinstatement Petition- A court order or petition filed by an injured worker subsequent to a termination or discontinuation of employment or workers compensation benefits. Such petitions must be filed within a three year period of the last workers compensation payment.

Report of Occupational Injury or Disease- Upon suffering an injury at work and employer is required to filed a proper notice with the regulatory administrative body within a 15 day period. If the injury results in death then a report must be filed within a 48 hour period from the time of the incident.

Respondent- A responding party to the petition filed by the parties.

Reversal- Setting aside the lower court’s decision.

Right to Compensation- To establish a claim for workers compensation benefits, a party must be able to show that the injuries stemmed from a work related injury during the course of employment.

Ruling- Judges determination on a particular order before his/her court.

Sale- A binding agreement between two or more parties, where each provide consideration in exchange for a good or service.

Sane- Being of a normal state of mind or in a fit or healthy state of mind.

Satisfy- Payment of outstanding debt or claim.

Scope of Authority- A species of agency law, where a the actions of an agent or actionable only if they were actually or implicitly authorized from the employer or sub-agent working under the capacity of the agent.

Scope of Employment- Actions which are conducted during the course of employment which are authorized either actually or implicitly by the employer.

Seasonal Employment- Employment which is conducted during specific parts of the year.

Seller- Vendor or re-seller of the goods.

Sequester- Isolation or separation.

Serious illness- When applied to a life insurance policy it is considered an illness that materially impairs either temporarily or permanently the health of the party.

Service of process- The notification or a person or entity of the commencement of legal proceedings against them, service of process is also a form of notice to the defendant of the commencement of a cause of action against him/her.

Set-off- As applied to automobile insurance, it refers to circumstances when one amount is recoverable under one policy or part of the policy up to a certain amount, and the difference is restricted to the difference between what has already been recovered so as to avoid double recovery.

Settlement- an agreement between both parties to forego trial and settle the matter our of court for a negotiated sum of money.

Several Liability- Liability that is separate from that of another party when multiple parties are the cause of the injury.

Severance of Actions- Proceedings which are designed to separate the actions of multiple parties and allowing for the same cause of action to be brought against each for the respective level of harm.

Show Cause Order- Court order or request requiring a showing of why the proposed action should not be taken.

Slip Opinion- Court opinion or decision announced or published after it was made or entered.

Social Guest- One who enters the property of the landlord or tenant at a social capacity with no commercial purpose.

Social Host Liability- Refers to the liability of the party hosting an event where alcohol is served and subsequent injuries result from each party.

Sovereign Immunity- In order to bring suit against a government entity or body, its waiver or consent is required. Under the doctrine of sovereign immunity, proper consent or waiver is needed before a government entity can be sued.

Special Appearance- An appearance made by an attorney or party for the purpose of disputing jurisdiction. A special appearance also obligates the attorney to appear once for the purpose of representation on that particular matter.

Special Jurisdiction- Lower courts authority to deal with a limited group or types of cases.

Specific Loss- Specific loss as applied to workers compensation claims is considered the monetary compensation for injuries or permanent loss suffered.

Spoliation- Considered the destruction of evidence.

Standard of Care- Level or degree of care which is required by a person in similar trade or under similar circumstances. When a parties standard of care deviates from what is generally considered or required, then a cause for negligence will exist.

Standard of Proof- Degree or level of proof required in order for a specific type of case to prevail.

Stare Decisis- Courts policy to not turn down or overturn precedents.

State Law- Laws applicable to a specific state.

Statute- Law created through legislation.

Statute of Frauds- Certain contracts in order to be enforceable must be in writing in order to be valid.

Statute of Limitations- Time period which a party can bring a cause of action is considered the statutory.

Statute of Repose- Statutory period, this limits the time which the cause of action can arise.

Statutory Interpretation- Analyzing the meaning or purpose of the law by reviewing the wording.

Stay- Suspension of judicial proceedings.

Stipulation- An agreement between parties to litigation that is made while they are in court and subsequently presented to the judge, who decides whether it is acceptable.

Strict Construction- Interpretation of law in which the judge supplies the actual meaning of the words, while liberal construction widens the meaning of the law, each have their own application.

Strict Liability- Liability imposed whether or not negligence is shown, general application to commercial retailers and or manufacturers of defective products.

Stroke- Harm caused when blood flow is restricted to the brain causing irreversible harm if not treated in time. Blood flow restriction ultimately causes the bursting of blood vessels inside of the brain, which can cause serious long term or permanent injuries.

Structured Settlement- Agreement where one party decides or agrees to pay money owed in order to settle a case.

Subject Matter Jurisdiction- The courts power to have jurisdiction of the subject matter involved.

Subornation of Perjury- Promoting a party to make a false statement under oath.

Subpoena- Court order requiring a party to appear at a certain time or place.

Subpoena Duces Tecum- Court order requiring the production of documents.

Subrogation- Replacing one party for another while providing them equal legal rights as the original party.

Substantive Law- Body of law that creates the law, while procedural law is concerned with the manner in which the rights of the party are enforced.

Substitution of Parties. The replacement of one party to a lawsuit by another.

Sue- The commencement of a lawsuit.

Summary Judgment- Decision by the court or judge based on the facts, where the moving party asserts that a decision should be made as a matter of law.

Supplier of Goods- Manufacturer or supplier of products.

Supplemental Agreement- In a workers comp context, it is the document signed by the inured party in order to change the disability status.

Survival Action- An action brought  A survival action is brought by the administrator of a deceased person’s estate in order to recover loss to the estate resulting from a tort. A survival action continues in the decedent’s personal representative a right of action which accrued to the decedent at common law because of a tort. A survival action, unlike a wrongful death action, is not a new cause of action. Where death is caused by negligence, both a survival action and a wrongful death action may be brought.

Survival Statutes- Allows for the surviving members of a deceased party to bring a cause of action for harm suffered by the deceased party.

Technical Errors- Harmless errors which occur during the commission or process of trial which do not cause harm to the losing party and do not constitute grounds for reversal during appeal..

Tender- An offer to pay money.

Testate- A person who has died leaving a will.

 Testify- To give testimony under oath, this can be during trial or during a deposition.

Testimony- A witnesses testimony given at trial which is either written or oral with regards to what they evidenced.

Third Party Benefits- Such benefits refer to the total amount of insurance coverage that the guilty party or the responsible party has in his/her policy.

Third Party Lawsuit- With regards to workers compensation claims, this refers to an injury which is caused by a party not directly employed by the employer. In such instances the injured party can bring a claim for injuries against the third party for his/her injuries. Third party lawsuits have particular relevance in product liability cases, where a cause of action is brought against the manufacturer of the defective product.

Thrombotic Stroke– Blood clots which stem the flow of blood to the brain.

Tinnitus- Ringing sound in both ears, which can be the result of exposure to high decibel sounds or blunt force to the ears.

Tipstaff- Officer appointed by the courts whose job description entails assisting the judge in any way possible.

Tort.– A harm suffered by another party, does not refer to breach of contract as that is an entirely different body of law.  Other names for often interchangeable for a Tort lawyer are accident lawyer, personal injury lawyer, injury lawyer, negligent lawyer.

Tort-Feasor- Party who commits or engages in the tort.

Tortious- The party acting in a wrongful manner.

Total Disability- When the party is completely unable to perform any tasks formerly related to his/her employment, they will be considered to be on total disability. Benefits in workers compensation claim are up-to 2/3 of the total amount of the injured parties past salary.

Total Loss- With regards to a parties vehicle involved in an accident a total loss refers to a complete loss of the use and or value of the vehicle.

Transcript- A written copy of the proceedings of a case taken during trial or proceedings related to the cause of action including depositions and or hearings.

Traumatic Brain Injury– Harm caused to the brain as a result of blunt force trauma which causes the brain to collide with the skull, thus causing a myriad of permanent to long term injuries requiring extensive medical treatment.  Traumatic Brain injury is defined as a catastrophic injury.

Trespasser- Party who enters upon the property of another without consent or authority. It is only required that the person enter onto the property that belongs to another.

Trial- Judicial proceedings between two parties.

Trial Calendar- A list of parties who are awaiting trial, which includes the name of the parties along with there representing agents and other related information.

Trial Court- The first court that hears the case with regards to the cause of action.

Treble Damages- Damages awarded by the jury which can be three times the amount of harm suffered.

Unconscionability- A legal doctrine giving authority to the courts to deny the validity of a contract on the grounds that it was so one-sided or abusive that it cannot be enforceable.

Unconstitutional- A law or act which is against the constitution.

Underwrite- Ensuring a life insurance policy.

Undisputed fact- A fact that cannot be challenged by either party.

Undue Influence.– The abuse of a certain fiduciary position which allows a party to exert influence over that party.

Unjust Enrichment- A legal doctrine which provides that one party should not be enriched at the expense of another without proper compensation.

Unlawful Act- An illicit act.

Vacate- To set aside a court decision or ruling.

Venue- Refers to the geographic area where the case will take place.

Verdict- The juries decision of the facts.

Void- Lack of a legal impact or void of legal significance.

Waiver- Voluntarily giving up a right.

Willful Negligence- Acting with disregard in the face of a high degree of risk or harm which can result from your performance.

Workers Compensation- Insurance required in order to cover on the job injuries.

Writ- A court order requiring the performance of some type of act.

Wrongful Death Action- Cause of action to recover for improper or untimely death of another due to another person negligent or intentional acts.  Wrongful death lawsuits are usually brought forth by a deceased individuals relatives.

Wrongful Death Statute- Allows the relative of the decedent to bring a cause of action on behalf of the now deceased party for the harm suffered, certain statutes limit the amount of time to bring such a cause of action.

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