Important Definitions

There are many different legal terms and phrases that you will hear during the course of our meetings and possible representation of your personal injury claim and case.  We have assembled a few of these terms so you can gain a better understanding of what they actually mean.

AFFIDAVIT - A written document which the signer swears to be true. The signer may swear under oath before a notary public or other authorized official, or may make a declaration under penalty of perjury.

ARBITRATION - A method of settling a legal dispute without a court trial. Arbitration is often used to avoid expensive legal fees and clogging the courts.

CASUALTY - An accident that could not have been predicted or avoided, such as a ship sinking in a storm at sea.

CIVIL LAW - That part of the law which governs non-criminal cases. Civil law applies to areas such as business disputes, family disputes, negligence, accidents and personal injury.

COMPARATIVE NEGLIGENCE - A method of assessing negligence in an accident case which considers all parties whose negligence contributed the accident in any way.

CONTRIBUTORY NEGLIGENCE - A method of assessing negligence in an accident case which denies damages to any party whose negligence contributed the accident in any way.

DAMAGES - The sum of money awarded to the injured party in a personal injury lawsuit.

DEFAULT JUDGEMENT - A judgment issued by the court when the defendant fails to respond to a complaint in the time set by law (usually 20 or 30 days.)

DEPOSITION - A discovery procedure in which a defendant, plaintiff, witness or expert witness is questioned under oath by the lawyers representing the parties in a lawsuit.

EMOTIONAL DISTRESS - An injury involving mental of psychological damage.

FINAL JUDGMENT - The written ruling on a lawsuit by the judge who presided at trial.

GROSS NEGLIGENCE - Negligence for the safety or lives of others which is so great it appears to be intentional. Gross negligence can result in the award of punitive damages in addition to general and special damages.

JUDGMENT - The final decision by a court in a lawsuit.

MENTAL ANGUISH - Mental suffering. It is different from a physical injury, but may be considered in awarding damages. In some cases damages for mental anguish can be awarded even if no physical injury occurred.

NEGLIGENCE - Failure to exercise reasonable care toward others, or performing actions which a reasonable person would not. Negligence is accidental as opposed to intentional wrongs or crimes.

PERSONAL INJURY - An injury to your body, state of mind or reputation. Personal injury does not include damage to property.

PLAINTIFF - The injured party in a lawsuit. The person suing the defendant.

TORT - A personal injury recognized by law. The injured person can bring a lawsuit for monetary damages such as loss of earning capacity, medical expenses and pain and suffering. There are three main classes of torts: intentional torts (e.g. hitting a person); negligent torts (causing an accident) and strict liability torts (e.g. selling defective products.)

WRONGFUL DEATH - When a death occurs as a result of negligence.