Legal Vocabulary

Acceptance

· The taking and receiving of anything in good faith with the intention of retaining it. Never accept a bodily injury settlement without receiving your attorney's opinion. 

Accident Reconstructionist

· An engineer familiar with the physics of collision. Your attorney may hire an Accident Reconstructionist to put together the elements of your case to show cause and effect. 

Adjuster

· An insurance co-employee or agent who evaluates property damage and injury. Your attorney can take care of all negotiation with the insurance adjuster. 

Admissible Evidence

· Evidence that can be legally and properly introduced in a civil or criminal trial. Your attorney can advise you as to which types of evidence may be presented in a hearing. 

Age of Majority

· The age at which an individual acquires the rights and responsibilities of adulthood. In most states, the age of majority is 18. If the plaintiff in a personal injury lawsuit is under the age of majority, the Court must approve a representative for the minor. Your attorney will be able to advise you on these particulars.

Allegation

· A statement of the issues in a written document (a pleading) which a person is prepared to prove in court. Your attorney will prepare the allegations in your case. 

Alternative Dispute Resolution

· Settling a dispute without a full, formal trial. Methods include mediation, arbitration, and a settlement, among others. Your attorney can advise if an alternative method of resolution will be best for you. 

Anoxic Brain Injury

· An injury occurring to the brain resulting from oxygen deprivation for a significant period of time. 

Answer

· A formal, written statement by the defendant in a lawsuit, which answers each allegation contained in the complaint. Your attorney will receive and review the defendant's answer for you. 

Answers to Interrogatories

· A formal written statement by a party to a lawsuit which answers each question or interrogatory propounded by the other party. These answers must be verified under the penalty of perjury. Your attorney can also explain what is required in the responses. 

Attorney-Client Privilege

· What a person says to his retained attorney is held to be confidential and may not be disclosed by that attorney or his staff, except under special circumstances.

Bad Faith

· Dishonesty or fraud in a transaction, such as knowingly misrepresenting the quality of something that is being bought or sold, or entering into an agreement with no intention of ever living up to its terms. Your attorney can advise you as to whether your insurance company, or other entity, may be acting in bad faith.

Bodily Injury

· A cut, abrasion, bruise, burn, or disfigurement; physical pain, illness, impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body, no matter how temporary. 

Case Law

· Law established by previous decisions of appellate courts, particularly the United States Supreme Court. Your attorney has studied case law and knows how the Courts are likely to rule in particular cases. 

Cause of Action

· The fact or facts which give a person a right to relief in court. Your attorney can advise you as to which causes of actions are appropriate in your case. 

Civil Procedure

· The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals. Your attorney should be familiar with Civil Procedure so that you may be successfully guided though your suit.

Class Action

· A lawsuit brought by one or more persons on behalf of a larger group. Litigants in a class action are generally represented by one group of attorneys who work together on the benefit of the suing class. Investigation into your case will let you know if an attorney already represents your class, or if the litigants are still seeking representation.

Compensatory Damages

· Award to reimburse actual costs, such as medical bills, lost wages, as well as costs that are harder to measure, such as pain and suffering. Be sure to let your attorney know about all the expenses you incur as a result of your injury. You may be able to recover these costs as compensatory damages. 

Comparative Negligence

· The rule under which negligence is measured by percentage, and damages are diminished in proportion to the amount of negligence attributable to the person seeking recovery. Recovery may be reduced by comparative negligence. Your attorney can advise you. 

Complaint

· The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take. Your attorney will prepare the complaint in your case. 

Conflict of Interest

· A situation in which someone, such as an attorney or public official, has professional, personal, or financial interests or obligations and cannot take on certain new business because the prior interest or obligation would make it difficult for that person to fulfill his duties fairly. In evaluating your case, your attorney should check for any potential conflicts of interest which may effect the course of your case. 

Contingency Fee

· Also called a contingent fee. A fee arrangement in which the attorney is paid out of the settlement or award. If no damages are awarded, there is no fee. Most personal injury attorneys operate by contingency fee agreement. Your attorney can advise you about prevalent percentages and fees. 

Court Rules

· Regulations governing practice and procedure in the various courts. Your attorney will be familiar with, and can advise you, as to local court rules. 

Damages

· Money awarded by a court to a person injured by the unlawful act or negligence of another person. Your attorney can help you recovery maximal damages. 

Defendant

· The person defending or denying a suit. 

Economist

· A specialist sometimes consulted in determining the value of damages. Your attorney may retain an economist to help value your work related losses. 

Expert Witness

· A witness with a specialized knowledge on a specific topic who is permitted to discuss an event in court even though he or she was not present at that event. Expert witnesses may be retained to testify for or against a particular case. Your attorney can advise you. 

Good Faith

· Acting with honesty and without deception. Your attorney can advise you as to whether or not another is acting in good faith. 

Government Tort Claim

· The governmental equivalent of a Civil Action. This must be done rather than a regular filing if the defendant is a public entity. 

Inadmissible

· That which, under the rules of evidence, cannot be admitted or received as evidence. 

Independent Medical Examiner

· More properly called a defense medical examiner. A medical professional hired by the defense in a personal injury case to evaluate the bodily injury. As this examiner is hired by the defense, the medical professional will look for other possible causes of any injury. Your attorney can advise you.

Interrogatories

· A set or series of written questions propounded to a party in a case; a discovery device. Your attorney can assist you in completing your interrogatories. 

Judgment

· The official and authentic decision of a court of justice upon the rights and claims of parties to an action or suit submitted to the court for determination. 

Jurisdiction

· The power or authority of a court to hear and try a case; the geographic area in which a court has power or the types of cases it has power to hear. Your attorney will help you to determine the correct jurisdiction for your case. 

Lawsuit

· An action or proceeding in a civil court; term used for a suit or action between two private parties in a court of law. 

Liability

· Any legal duty, obligation, or responsibility 

Litigant

· A party to a lawsuit. 

Litigation

· A lawsuit; a legal action, including all proceedings therein. 

Loss of Consortium

· Damages to the spouse of an injured person. Your attorney should be sure that your spouse receives reasonable damages for your injury status. 

Mediation

· A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement. Your attorney will discuss alternative dispute resolution with you.

Medical Payments

· An automobile insurance policy option which pays all, or part, of medical costs due to vehicle injury.

Medical Records

· Physician, Chiropractor, or other practitioner's historical and current files. 

Medical Release

· A formal document allowing another entity to review private medical records or perform a procedure. You must sign a medical release in order to allow your attorney to order your medical records for review and settlement demand. 

Mitigating Circumstances

· Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame. Your attorney can help you to evaluate how the court may view any mitigating circumstances the defendant may claim.

Motion

· An application made to a court or judge which requests a ruling or order in favor of the applicant. Your attorney will prepare any necessary motions in your case.

Negligence

· Failure to use care which a reasonable and prudent person would use under similar circumstances. Your attorney can advise you as to whether or not another party has acted in a negligent manner in a particular instance. 

Notary Public

· A public officer whose function it is to administer oaths, to attest and certify documents, and to take acknowledgments. Your attorney may employ a notary public. 

Objection

· The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge. Your attorney will take care of all objections at your deposition, arbitration, or trial. 

Occupational Rehabilitation Expert

· A specialist who can review injury for return-to-work related needs. Your attorney may retain an occupational rehabilitation expert to testify or advise in your case. 

Order

· A mandate, command, or direction authoritatively given. Direction of a court or judge made in writing. 

Paralegal

· Also, legal assistant. A person with legal skills who works under the supervision of a lawyer. Your attorney may employ a paralegal or legal assistant to facilitate conversation between you and your attorney. 

Plaintiff

· A person who brings an action; the party who complains or sues in a civil action. 

Pleadings

· The written statements of fact and law filed by the parties to a lawsuit. Your attorney will prepare the pleadings for the complaint before your case is filed with the court. .

Preponderance of the Evidence

· The level of proof required to prevail in most civil cases. The truth of fact must be persuaded that the facts are more probably one way than another. .

Prima Facie Case

· A case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial process. Your attorney will know the elements necessary to establish a prima facie case in your matter.

Privileged Communication

· Conversation that takes places within the context of a protected relationship. Most communications with your attorney are privileged and cannot be disclosed. 

Pro Se

· Latin phrase, "for himself." A person who represents himself in court without the help of an attorney. 

Product Liability

· Legal responsibility of manufacturers and sellers to buyers, users, and bystanders for damages or injuries suffered because of defects in goods. Your attorney should be well versed in product liability law and can advise you on your case.

Property Damage

· Harm to personal belongings which require repair. The person at fault is responsible for property damage as well as personal injury. Contact an attorney to be sure you get the appropriate recovery. 

Proposition 213

· Denies all recovery of damages to a convicted felon whose injuries were proximately caused during the commission of the felony or immediate flight there from. Denies recovery for noneconomic damages (e.g., pain, suffering, disfigurement) to drunk drivers, if subsequently convicted, and to uninsured motorists who were injured while operating a vehicle. Provides exception when an uninsured motorist is injured by a subsequently convicted drunk driver. With this one exception, provides that insurer is not liable for non-economic damages. Your attorney can advise you as to Prop 213 status.

Punitive Damages

· Money award given to punish the defendant or wrongdoer. Your attorney will know if punitive damages are an issue in your case. 

Settlement Agreement

· In a civil lawsuit, the document that spells out the specifics of an out-of-court compromise. Your attorney may be able to reach a settlement agreement before your case goes to trial. 

Settlement Demand

· A letter or semi-formal document from one party to another in a lawsuit suggesting an agreement in completion of the suit. When you have completed your injury recovery, your attorney will prepare a settlement demand. 

Statute of Limitations

· A statute which limits the right of a plaintiff to file an action unless it is done within a specified time period after the occurrence which gives rise to the right to sue. Contact an attorney as soon as you are able following an accident, so that your right to recover will not be lost. 

Subpoena

· A command to appear at a certain time and place to give testimony upon a certain matter. Your attorney may subpoena witnesses to testify in your case. 

Summons

· Instrument used to commence a civil action or special proceeding; the means of acquiring jurisdiction over a party. Your attorney will prepare the Summons to accompany the Complaint when your case is filed with the Court. 

Traffic Collision Report

· A written, detailed description of the events surrounding an automobile impact, authored by the investigating police officer. Your attorney will review a copy of the traffic collision report following an incident to help ascertain the facts of your case.

Treating Physician

· The doctor or other medical professional who cared for a patient during a specific time. It is very important to let your physician know everything that is bothering you following an accident. 

Uninsured Motorist

· A driver who has not obtained liability coverage in violation of California's financial responsibility laws. Under proposition 213, an uninsured motorist may not recover damages for pain and suffering following a collision except under special circumstances. Your attorney will know how to address this matter. 

Vicarious Liability

· When one person is liable for the negligent actions of another person, even though that first person was not directly responsible for the injury. As when a parent is held liable for the harmful acts of a child, or when an employer is held liable for the acts of a worker. Your attorney will work to find all possible defendants to be sure you properly recover on your personal injury case. 

Vocational Rehabilitation

· Training to return to work following injury. Following an accident, you may require vocational rehabilitation to return to work. Your attorney will know if you are able to recover for this expense and time. 

With Prejudice

· A declaration which dismisses all rights. A judgment barring the right to bring or maintain an action on the same claim or cause. The majority of personal injury cases are dismissed with prejudice. 

Without Prejudice

· A declaration that no rights or privileges of the party concerned are waived or lost. In a dismissal these words maintain the right to bring a subsequent suit on the same claim. Your attorney will know when you are able to dismiss a case without prejudice. 

Wrongful Death

· When a person is killed as the result of the negligence of another. The family of a person who is wrongfully killed may recover damages.