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Legal Terms
Action: a lawsuit in which one party (or parties) sues another.Additional Insured: A person other than the named insured or covered person who is protected under the named insured’s auto policy.
Adjuster: an employee (usually a non-attorney) of an insurance company or an adjustment firm employed by an insurance company to negotiate an early settlement of a claim for damages against a person, a business or public body (like a city).
Admissible Evidence: evidence which the trial judge finds is useful in helping the trier of fact
Allegation: a statement of claimed fact contained in a complaint.
Answer: A formal response to a claim, admitting or denying the allegations in the claim.
Arbitration: The hearing and settlement of a dispute between opposing parties by a third party whose decision the parties have agreed to accept.
Assumption of Risk: taking a chance in a potentially dangerous situation. This is a typical affirmative defense in a negligence case, in which the defendant claims that the situation was so inherently or obviously hazardous that the injured plaintiff should have known there was danger and took the chance that he/she could be injured.
Attorney-Client Privilege: the requirement that an attorney may not reveal communications, conversations and letters between himself/ herself and his/her client.
Automobile Insurance: A form of insurance that protects against losses involving autos. Examples of coverage types include: bodily injury liability, property damage liability, medical payments, and collision and comprehensive coverage for physical damage to the insured's vehicle.
Bodily Injury Liability: Legal liability for causing physical injury or death to another.
Burden of proof: Measure of proof required to prove a fact. Obligation of a party to probe facts at issue in the trial of a case.
Case: Any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a complaint, petition, indictment or information.
Cause of Action: the basis of a lawsuit founded on legal grounds and alleged facts which, if proved, would constitute all the "elements" required by statute.
Civil law: All law that is not criminal law. Usually pertains to the settlement of disputes between individuals, organizations or groups and having to do with the establishment, recovery or redress of private and civil rights.
Class Action: a lawsuit filed by one or more people on behalf of themselves and a larger group of people "who are similarly situated."
Collision Insurance: This covers loss to the insured person's own auto caused by its collision with another vehicle or object.
Comparative negligence: Negligence of a plaintiff in a civil suit which decreases his recovery by his percentage of negligence compared to a defendant's negligence.
Compensatory Damages: damages recovered in payment for actual injury or economic loss, which does not include punitive damages
Contingency Fee: a fee to an attorney which will be due and payable only if there is a successful conclusion of the legal work, usually winning or settling a lawsuit in favor of the client
Damages: Compensation recovered in the courts by a person who has suffered loss, detriment or injury to his/her person, property or rights, through the unlawful act or negligence of another.
Deductible: The amount an insured person must pay before the insurance company pays the remainder of each covered loss, up to the policy limits.
Defendant: In a civil case, such as an car accident lawsuit, the defendant is the person against whom a civil action is brought.
Gross Negligence: carelessness which is in reckless disregard for the safety or lives of others, and is so great it appears to be a conscious violation of other people's rights to safety.
Hearsay Rule: the basic rule that testimony or documents which quote persons not in court are not admissible.
Judgment: Final determination by a court of the rights and claims of the parties in an action.
Liability: liability means legal responsibility for one's acts or omissions.
Malpractice: An act or continuing conduct of a professional which does not meet the standard of professional competence and results in provable damages to his/her client or patient.
Mistrial: Erroneous or invalid trial. Usually declared because of prejudicial error in the proceedings or when there was a hung jury.
Negligence: failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not.
Parties: Persons, corporations, or associations, who have commenced a law suit or who are defendants.
Personal Injury Protection: Personal Injury Protection (PIP) usually includes benefits for medical expenses, loss of income from work, essential services, accidental death, funeral expenses, and survivor benefits.
Plaintiff: The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Punitive Damages: damages awarded in a lawsuit as a punishment and example to others for malicious, evil or particularly fraudulent acts.
Settlement: Conclusion of a legal matter or resolving a lawsuit without a final court judgment by negotiation between the parties.
Standard of Care: the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise.
Statute of limitations: Law which specifies the time within which parties must take judicial action to enforce their rights.
Tort: A private wrong or harm committed against another, resulting in legal liability. A tort is either intentional or accidental. Automobile liability insurance is purchased to protect one from suits arising from unintentional torts.
Uninsured Motorist Coverage: the clause in a policy of insurance on an automobile which provides that if the owner (or a passenger) of the automobile is injured by a negligent driver of another vehicle who does not have liability insurance, then the insurance company will pay its insured's actual damages.
Wrongful Death: the death of a human being as the result of a wrongful act of another person.