Legal Reference Glossary
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Accident reconstruction is a scientific study that analyzes the circumstances of a traffic accident by reviewing or estimating how the accident occurred by working backwards from the accident scene and evaluating vehicle damage. For example,when an accident re constructionist reviews the length of skid marks,or the slipperiness of a road surface, or the amount of impact in an accident, they can try to determine the speed or the directions of the vehicles involved in an accident. An accident deconstructionists a specially trained person skilled in studying the scene of an accident to determine most likely how the accident occurred.
Adjuster/Insurance Adjuster
An Insurance Adjuster is an employee hired by an insurance company who is given the job of settling insurance claims. There can be more than one adjuster for each claim. For example, if two different vehicles are involved in an accident, and each owner/driver of the vehicles has insurance, a minimum of two insurance adjusters will be involved. If you have med-pay, pip, or collision insurance in addition to your liability insurance, there may be separate insurance adjusters for those claims too.
Alternative Dispute Resolution
Many courts now encourage people involved in a lawsuit to attempt to resolve their case by going through a formal procedure without actually going to trial. This formal procedure has a format with requirements in hopes of resolving the injury claim though alternative methods such as arbitration or mediation.
Arbitration
An Arbitration is a legal hearing with a neutral hearing officer (many times a lawyer or possibly a retired judge) who gives an award to one side or the other after hearing and reviewing the testimony. While an arbitration is less formal than a trial, the award given can still be binding.
Attorney
A personal injury attorney is hired by the plaintiff, and the defense attorney is represented by the defense insurance company lawyer.
Auto Insurance
Auto insurance is comprised of:
1. Bodily injury liability
2. Property damage liability
3. Medical payments or Personal Injury Protection(PIP)
4. Collision
5. Comprehensive Uninsured/Underinsured motorists coverage
Bodily-injury liability coverage includes medical bills and lost wages; property-damage coverage pays to repair or replace property you destroy, such as other cars or property you run into, such as fences. It can also pay for "pain and suffering" damages if someone sues you after a car accident - but only up to your liability limits.
If you cause a car accident, the collision portion of your policy pays to repair your own vehicle. Your car is considered "totaled" when the repair costs exceed a certain threshold of the car's value,such as 70 percent. At that point, the insurance company will tow away the car to the salvage yard and offer you the actual cash value of your car.
Comprehensive
Comprehensive coverage pays for damages to your car that aren't due to car accidents: Theft, fire, vandalism, natural disasters and hitting a deer are included.Also, your glass coverage comes under the comprehensive portion of your policy. If your windshield cracks, comprehensive coverage saves the day. As with collision coverage, there is a deductible for any comprehensive coverage claim.
Case Evaluation
A private individual trying to handle his or her personal injury claim on their own may have great difficulty arriving at the value of their case. An attorney who is experienced in personal injury matters has developed the knowledge and skills to know how all the different issues of an individual claim that can affect the claims's value. A personal injury attorney also has methods to research (whether online or in law books) any legal issues arising from a personal injury claim, such as negligence law,actions of the defendant, or pre-existing medical conditions which may affect the value of the claim.
Claimant
The claimant is the person who was injured as a result of another party and who seeks to be made whole. The insurance claim is the beginning of the case in a personal injury claim. Although a person involved in a traffic accident has a duty to notify the insurance company within a certain period of time after the accident, it is very important to know what information should be given to the insurance company, and what information should not be given. Providing too much information may damage the value of a personal injury claim.
Complaint
A complaint is the legal document that is filed with the court to begin a lawsuit. In the complaint are the circumstances that describe the basis of the lawsuit. The complaint will explain who the parties to the case are, whether it be the plaintiff or the defendant, what the injuries are, and what the damages are. It is vital to be as accurate as possible in the complaint so that the case does not become seriously damaged later.
Contingent Fee Agreement
Some lawyers collect retainer and bill against the retainer as they work. A contingent fee arrangement is a contract signed between the claimant or plaintiff and his/her lawyer that details all the terms of the employment of the attorney to the claimant/plaintiff. The contingent fee is collected from the defendant's insurance company if the person causing the injuries (defendant) is found responsible and their insurance company and the plaintiff attorney agree to settle the claim. The attorney's fee may vary depending what stage the case resolves in. Most lawyers charge a higher percentage if the case goes into arbitration, mediation,or trial because of the amount of work required and the increased costs associated with going to trial.
Damages are described in three categories.
Compensatory Damages, which measures the actual dollar amount lost for such things as medical expenses,lost income, or loss of future earnings.
General Damages, which is widely known as "pain and suffering" damages, which include pain, emotional trauma from the physical injuries, or loss of life's pleasure.
Punitive Damages, which are put in place to punish a defendant whose behavior is especially reprehensible.
Defendant
When a personal injury lawsuit is filed with the court, it will name the people involved in the case. These people involved could be a person, a corporation,a government agency, or a business organization. The person or persons who caused the injury are named in the law suit as a defendant. There could be more than one defendant in a personal injury claim.
Deposition
A deposition occurs in the law suit phase of a personal injury case. It is called discovery,where the plaintiff, or the defendant, a witness, or an expert witness,is formally questioned under oath. These questions occur under oath, but usually in a less formal setting, and all attorneys involved in the case are present. After the deposition a formal written document is provided to the lawyer, called a transcript, who ordered the deposition.
Discovery
The discovery portion of a case begins after a lawsuit has been filed. The process of collecting all the evidence in a personal injury claim by the use of depositions,interrogatories, requests for production of documents, and possibly a demand for an independent medical examination all fall under the category of discovery.
An economist is sometimes called in to a personal injury case as an expert witness to help determine an injured person's future monetary losses. These losses, a type of damage in a personal injury case, can include things such as the costs of long-term care due to a severe injury, the lost ability to earn wages in the future, or future earning capacity. An economist can review things such as work-life expectancy, long-term interest earned on money, and other economic details to arrive at a present day value for the future losses.
Expert Witness
An expert witness is someone who is trained in a particular field, such as medicine, or engineering. Because of the special training, and expert witness is qualified to render a legal 'expert opinion' regarding the facts in a personal injury claim. An experienced personal injury lawyer knows when an expert witness is necessary for a personal injury claim, and with their experience they are in a better position to know whom to hire for each personal injury victim's circumstance.
F
File
File - to file a lawsuit with the clerk of the court as a written complaint or petition. The complaint is the opening document in a lawsuit. The original file, and all other documents involved in the lawsuit are placed in a case file which has a specific number. All documents that refer to the lawsuit must lis the case file number.
Friendly Suit
A friendly suit is a lawsuit filed in order to get a court order when the parties to the suit agree on the expected outcome. If the friendly suit is deceptive or just an attempt to get advice, the friendly suit may be dismissed. Usually it is allowed to correct a trust agreement where there was an error and the law requires a court ruling in order to achieve a "reasonable result".
G
General Damages
General damages is money won in a lawsuit for injuries suffered, such as pain and suffering, inability to perform functions, or breach of contract whre an exact dollar amount cannot be calculated. General damages are different than special damages, which are for specific costs, and they are different from punitive damages, which takes place to set an example due to malice, intent, or gross negligence occured.
H
Held
Held - The court decided or ruled, as in "the court held that the plaintiff was injured."
Independent Medical Examinations(IME)
An independent medical exam (IME) allows a defendant in a personal injury case the right to have the plaintiff examined once by a doctor of the defendant's choosing. As a practical matter, the independent doctor is hired by the defendant to find medical facts that could be unfavorable to the plaintiff. There are many limitations to an IME that a plaintiff's lawyer may insist upon. It is proper for a plaintiffs's lawyer to refuse or guard the patient's rights by insisting the rules of IME are followed exactly to keep embarrassing or irrelevant facts out of the case.
Interrogatories
Interrogatories are written questions that one party to a lawsuit presents to the other party to a lawsuit, who must answer these questions in a specific amount of time. The questions range from general information such as name, address,and occupation, to more specific questions like how the injury happened,the prior medical history, and the current expenses and damages. An experienced personal injury lawyer will carefully craft the answers so only to provide specific and relevant answers, and no more.
Investigator
A private investigator may sometimes be necessary to collect additional evidence in a personal injury claim for things such as, witness statements, gathering witness statements or police reports, and to find the defendant. Many private investigators also act as process servers.
J
Joinder
The joining together of either several lawsuits or several parties all into one lawsuit as long as the legal issues and the facts are the same for all the plaintiffs and all the defendants. The joinder must follow some rules, namely, (a) one of the parties to one of the lawsuits makes a motion to join the suits and the parties in a single case; (b) notice must me made to all parties; (c) there has to be a hearing before a judge to show why joinder will not hurt any of the parties to the exsisting lawsuits; (d) A judge gives an order permitting the joinder.
K
Kangaroo Court
A Kangaroo Court can be set up without a legal basis to punish minor violations informally, such as by a military squad or a college fraternity, or it can be used a slang for a court who violated procedures and due process of law so badly that the judge is either corrupt or incompetent, and justice was not served as a result.
A lawsuit is the term used to refer to both the specific documents filed with a court that start the legal procedure, as well as to the entire process itself. When a lawsuit is filed in a particular court, a formal legal action has been made by one party to the case where recovery is sought for the damages caused. The beginning of the lawsuit process is by filing a complaint.
Liability
Determining liability in a personal injury case is necessary and can be far more complicated than simply reading a police report. One negligent person could have caused the accident, when a different person owned the vehicle,and a third person or employer may have given permission to the person causing the accident. An experienced personal injury lawyer will carefully review all the facts of an accident case and use his or her experience to apply the law to the facts to prove the liability in a personal injury case.
Loss of Consortium
Loss of consortium is apart of damages that can represent many things to the injured spouse in a personal injury claim. This can include the spouse's loss in caring for the family home and children, as well as the stress on the marital relationship due to the injuries of the injured.
When a person is injured by a negligent health care provider, and has suffered damages as a result of the injury, the injured person may be able to pursue a medical malpractice claim. This complex litigation requires a medical expert to testify that the medical provider being sued deviated from the standard of care,and due to this breach the injured suffered damages.
Med Pay
Medical payments (Med Pay)coverage says that if you or anyone else gets hurt arising out of the use of your vehicle, that the insurance company will pay medical expenses up to a certain dollar figure regardless of fault. Typically, it is sold in increments of $1,000.00 or $5,000.00. So, med pay covers you if you are driving and you run your own car into a tree.It would cover medical bills of up to $1,000.00 limits or whatever you buy, even if you caused the accident yourself. It would also do the same for any passengers in your vehicle. Moreover, if you or a family member are hurt in someone else's car, your medical payments coverage would kick in if they don't have any, or over and above the car owner's,if they do have medical payments coverage.
Medical Records
The medical records in a personal injury case are the most important piece of evidence. These records which show the diagnoses, the prognoses, and the course of treatment, will establish the extent of the injuries, and will document the long-term expectations for recovery or for a permanent disability. An experienced personal injury lawyer knows what medical records an injured claimant can show to the opposing insurance company, and which records are irrelevant.
Medical Reports
Medical reports requested from doctors will either come from the treating physician, an independent medical examination (IME), or an expert witness. Medical reports cost money so it should only be requested when the medical evidence is quite complicated, disputed, or unclear.
N
Negligence
Negligence is the failure to extercise reasonable care towars others that a prudent person would do in the same circumstances, or taking action where a reasonable person would not. Negligence is accidental as opposed to intentional generally.
Occupation Rehabilitation/Vocational Expert
Sadly, a person injured may be permanently or temporarily unable to return to their normal occupation. An Occupational Expert is a professional specialist who are familiar with the physical requirements of all occupations, and can help the injured find a new line of work.
Paralegal's, also referred to as legal assistants, generally assist the lawyer in preparing the personal injury case for demand, arbitration, or trial. They can prepare daily correspondence, review records, summarize transcripts,and often talk to clients about their case.
Plaintiff
When a personal injury lawsuit is filed with the court, it will name the people involved in the case. These people involved could be a person, a corporation,a government agency, or a business organization. The person who was injured, and who is seeking recovery for their damages, is called the plaintiff.
Process Server
Legal documents are required to be delivered by a person specially certified to deliver, or serve,these documents. A process server will be used to serve a complaint,summons, or other paperwork that formally begins the lawsuit process,and to serve each and every defendant in the case. A process server may also be used to serve a subpoena on an independent witness to the case.
Product Liability
When a person is injured due to a bad or defective product, they may be able to file a product liability lawsuit against the manufacturer of the bad product. The lawsuit can be against people, corporations of the manufacturer,wholesalers, or retailers of the product. This chain of responsibility can be complicated. It's important in a product liability case to properly identify all potential defendants as soon as possible.
Property Damage
A personal injury victim will often need to file a claim for damage that was caused to their property. When in an automobile accident this includes the cost of a rental vehicle, and may sometimes involve property damage that was caused inside the vehicle during the accident.
While it may be faster and simpler to resolve the property damage claim through your own insurance company, doing that can stick you with a deductible that you pay now and get reimbursed for later through the negligent insurance company. Although it takes longer, and can be more difficult, you may go against the negligent insurance company for property damage to avoid paying out the deductible and possibly rental coverage. It's a good idea to get more than one estimate to repair your vehicle to get the best idea what the damage is to your car. Having more than one estimate may help you when it's time to settle your property damage claim.
Q
Request for Production of Documents
A request for production of documents allows any party to a lawsuit to demand that the other party provide photographic, documentary, or other physical evidence relevant to the case. An experienced personal injury lawyer will be aware of all requirements involved in the production of documents, and will know which documents to produce, and which may be privileged or irrelevant.
A settlement simply means that the involved parties have decided to settle their dispute at an agreed upon value. This is done entirely at the discretion of the people involved in the claim, and it becomes binding upon the parties. A settlement generally happens at any stage prior to a jury verdict,or an arbitration award. An experienced personal injury lawyer understands how to settle the case efficiently and for full fair value.
Settlement Demand
The settlement demand is very important because if the case settles before a lawsuit has been filed it will be because of the settlement demand that the attorney prepared and submitted to the insurance adjuster. The demand can set the tone for continuing attempts to settle the case, even if the case does not resolve after a settlement demand has been presented. There are many factors to consider when evaluating the settlement demand,including liability, damages, past and future medical expenses, past and future wage loss, or general damages. All of these factors must be carefully weighed in order to settle the claim. Many people who try to settle a claim without an attorney resolve their claim without knowing truly what their claim is worth,and may present a demand that is too low to get them what they deserve,or a demand that is so high that they are never taken seriously.
Statute of Limitations
Maryland and DC law generally requires that a person who has suffered a personal injury must file a lawsuit within three years after the date of the injury or lose forever the right to sue for compensation. In Virginia the statute is two years from the date of injury. The statute of limitations can be different for a medical malpractice claim. Generally, a lawyer has to watch the statute of limitations date as your case progresses to ensure that you do not forever lose your right to sue for compensation.
T
Uninsured motorists (UM) coverage pays for medical bills if you're struck by someone who is uninsured or if you're a victim of a hit-and-rum driver. UM is required in many states.
Underinsured Motorists
Similarly, underinsured motorists (UIM) coverage kicks in when someone causes an accident but doesn't have enough insurance to cover all the medical bills. In that case, the at-fault person's insurance pays out to its maximum and then your UIM coverage pays for the remaining bills,up to your own limit.
V
A wrongful death claim can be brought by the person's estate against the person whose negligence caused the wrongful death. It must be decided which surviving relatives are entitled to a wrongful death claim lawsuit.
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