Demystifying Terms in Personal Injury Claims
In the intricate world of law, terminology can often seem like an entirely different language. As a personal injury lawyer practicing in Missouri and Illinois, I understand that navigating the legal landscape can be challenging, especially when faced with complex jargon and unfamiliar terms.
My goal with this glossary is to bridge that gap, offering you a concise and accessible resource to help decipher the legal language. I believe that informed clients are empowered, and I hope this glossary proves to be a valuable tool in your legal journey.
A written statement confirmed by an oath or affirmation for use as evidence in court.
A form of alternative dispute resolution where a neutral third party makes a binding decision after hearing arguments and reviewing evidence.
Breach of Duty
Failure to uphold a legal duty, leading to another person’s harm.
Burden of Proof
The duty to prove a disputed assertion or charge.
The relationship of cause and effect between one event or action and an injury.
A formal assertion or a demand for compensation.
A legal principle that reduces the amount of damages a plaintiff can recover based on the percentage of fault attributed to them.
Compensation awarded to the plaintiff to cover actual losses (like medical bills or lost wages).
A fee structure where an attorney is paid a percentage of the damages awarded to the plaintiff, rather than an upfront charge.
Monetary compensation requested by, or awarded to, a plaintiff to compensate for harm or loss suffered.
The person or entity being accused or sued in a lawsuit.
Testimony taken under oath outside of court, often used during the discovery process.
The pre-trial process where both parties gather and exchange information and evidence.
Duty of Care
A responsibility to ensure the safety or well-being of others.
A legal action where one party makes a claim against another.
Being responsible by law for something, especially in terms of monetary damages.
A form of alternative dispute resolution where a neutral third party assists both sides in reaching a voluntary settlement.
Failure to take reasonable care to avoid causing injury or loss to another person.
Physical or mental harm to a person resulting from another’s negligence or intentional actions.
The person who brings a case against another in a court of law.
Damages awarded in excess of actual injury costs, intended to punish the defendant for particularly egregious conduct.
A resolution agreed upon by both the plaintiff and defendant to resolve the claim without going to trial.
Statute of Limitations
The time within which a lawsuit must be filed after an injury has occurred.
Liability that does not depend on actual negligence or intent to harm.
A written order commanding someone to attend a legal proceeding or produce evidence.
A wrongful act or infringement of a right leading to civil legal liability.
The individual or entity who commits the tort, the wrongful act or infringement.
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