Legal Glossary

A

Absolute Liability

Legal responsibility that exists regardless of fault or intent. In certain situations, such as handling hazardous materials or defective products, a party can be held liable for damages even without negligence.

Actual Damages

Compensation awarded to a plaintiff for real, quantifiable losses suffered as a result of the defendant’s actions. These include medical expenses, lost wages, property damage, and other measurable economic losses. Also known as compensatory damages.

Admissible Evidence

Evidence that a court allows to be presented during trial because it meets legal standards for relevance and reliability. The rules of evidence determine what information can be considered by a judge or jury when making their decision.

Affidavit

A written statement made under oath and signed in the presence of a notary public or other authorized official. Affidavits are commonly used to present facts to the court when a witness cannot appear in person.

Aggregate Settlement

A lump sum settlement that resolves multiple related claims simultaneously, typically in mass tort cases. The total settlement amount is distributed among all participating plaintiffs according to predetermined allocation methods. This approach allows for efficient resolution of large-scale litigation.

Alternative Dispute Resolution (ADR)

Methods of resolving legal disputes outside of traditional court proceedings. Common forms include mediation, arbitration, and settlement conferences. ADR can be faster, less expensive, and more private than going to trial.

Answer

The defendant’s formal written response to a plaintiff’s complaint. The answer addresses each allegation in the complaint and may include affirmative defenses or counterclaims against the plaintiff.

Appeal

A request to a higher court to review and potentially reverse a lower court’s decision. Appeals typically focus on legal errors rather than re-examining facts, and must be filed within specified time limits.

Arbitration

A form of alternative dispute resolution where parties present their case to a neutral third party (arbitrator) who makes a binding decision. Arbitration is often faster and less formal than court proceedings, though the right to appeal is typically limited.

Assumption of Risk

A legal defense where the defendant argues that the plaintiff voluntarily accepted known dangers associated with an activity. If successfully proven, this defense can reduce or eliminate the defendant’s liability for resulting injuries.

B

Bad Faith

Dishonest dealing or intentional failure to fulfill legal or contractual obligations. In insurance contexts, bad faith occurs when an insurer unreasonably denies claims or fails to investigate properly. Victims of bad faith may recover damages beyond their original claim.

Bellwether Trial

A trial of selected representative cases in mass tort litigation used to gauge potential outcomes for similar cases. These trials help parties assess the strength of their positions and often lead to global settlements. The results provide valuable information about jury attitudes and damage awards.

Burden of Proof

The obligation of a party to prove their claims or defenses in court. In civil cases, the standard is typically “preponderance of the evidence,” meaning more likely than not. The burden usually rests with the plaintiff to prove the defendant’s liability.

But-For Test

A test used to determine causation by asking whether the injury would have occurred “but for” the defendant’s actions. If the injury would not have happened without the defendant’s conduct, this test is satisfied. This is a fundamental element in establishing legal causation.

C

Case Management Order

A court order that establishes deadlines and procedures for handling a lawsuit. These orders typically set dates for discovery completion, expert witness disclosures, and trial. In mass tort cases, case management orders help coordinate complex litigation involving multiple parties.

Causation

The connection between the defendant’s conduct and the plaintiff’s injury. Legal causation requires both factual causation (but-for test) and proximate causation (foreseeability). Establishing causation is essential for proving liability in personal injury cases.

Class Action

A lawsuit where one or more plaintiffs represent a larger group of people with similar claims against the same defendant. Class actions are efficient for handling numerous similar claims and ensure consistent outcomes. Courts must certify that the case meets specific requirements before proceeding as a class action.

Collateral Source Rule

A legal principle that prevents defendants from reducing damage awards by the amount plaintiffs received from other sources such as insurance. This rule ensures that defendants cannot benefit from the plaintiff’s foresight in obtaining insurance coverage.

Comparative Negligence

A legal doctrine that apportions fault between parties based on their respective degrees of negligence. Under this system, a plaintiff’s recovery is reduced by their percentage of fault. For example, a plaintiff who is 30% at fault receives 70% of total damages.

Compensatory Damages

Money awarded to compensate an injured party for actual losses suffered. These damages include economic losses like medical bills and lost wages, as well as non-economic losses such as pain and suffering. The goal is to restore the plaintiff to their pre-injury condition as much as possible.

Complaint

The initial legal document filed by a plaintiff to start a lawsuit. The complaint outlines the factual allegations, legal claims, and requested relief. It must provide enough detail to give the defendant fair notice of the claims against them.

Contingency Fee

A fee arrangement where attorneys are paid only if they obtain a favorable outcome for their client. The fee is typically a percentage of the recovery amount. This arrangement makes legal representation accessible to injured parties who cannot afford upfront attorney fees.

Contributory Negligence

A legal defense that completely bars recovery if the plaintiff contributed to their own injury through negligence. This harsh rule has been replaced by comparative negligence in most jurisdictions. Under contributory negligence, even minimal fault by the plaintiff eliminates any recovery.

Counterclaim

A claim filed by a defendant against the plaintiff in the same lawsuit. Counterclaims allow defendants to seek damages from plaintiffs for related issues. They can be compulsory (must be filed) or permissive (may be filed) depending on their relationship to the original claim.

D

Damages

Monetary compensation awarded to a party who has suffered harm due to another’s wrongful conduct. Damages can be compensatory (to make the victim whole), punitive (to punish wrongdoing), or nominal (token amounts when rights are violated but no significant harm occurred).

Daubert Standard

The federal standard for determining the admissibility of expert testimony in court. Named after the Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, this standard requires judges to act as gatekeepers ensuring that expert testimony is reliable and scientifically valid.

Defective Product

A product that is unreasonably dangerous due to design flaws, manufacturing defects, or inadequate warnings. Manufacturers, distributors, and retailers can be held strictly liable for injuries caused by defective products. This area of law protects consumers from dangerous products in the marketplace.

Defendant

The party being sued in a civil lawsuit or charged in a criminal case. In personal injury cases, defendants are typically individuals, businesses, or organizations alleged to have caused harm through their actions or negligence.

Deposition

Sworn testimony taken outside of court during the discovery phase of litigation. Depositions allow attorneys to question witnesses under oath and preserve their testimony for potential use at trial. The testimony is recorded by a court reporter and can be used to impeach witnesses if their trial testimony differs.

Design Defect

A flaw in a product’s design that makes it unreasonably dangerous when used as intended. Unlike manufacturing defects that affect individual products, design defects affect entire product lines. Plaintiffs must typically show that a reasonable alternative design would have prevented the injury.

Discovery

The pre-trial phase where parties exchange information and evidence related to the case. Discovery tools include depositions, document requests, interrogatories, and requests for admissions. This process helps parties understand the strength of their case and often leads to settlements.

Duty of Care

The legal obligation to act with reasonable care to avoid causing harm to others. The standard of care varies depending on the relationship between parties and the circumstances. Breach of this duty is a fundamental element in proving negligence.

E

Economic Damages

Quantifiable financial losses resulting from an injury, such as medical expenses, lost wages, and property damage. These damages can be calculated with reasonable precision and are typically easier to prove than non-economic damages. They form the foundation of most personal injury claims.

Expert Witness

A person with specialized knowledge, training, or experience who testifies to help the jury understand complex issues. Expert witnesses can offer opinions within their field of expertise, unlike lay witnesses who can only testify about facts they observed. Their testimony is crucial in proving causation and damages in personal injury cases.

F

Failure to Warn

A type of product liability claim where a manufacturer fails to provide adequate warnings about potential dangers associated with their product. Even if a product is properly designed and manufactured, inadequate warnings can make it unreasonably dangerous. Manufacturers must warn of risks that are not obvious to ordinary users.

Federal Multidistrict Litigation (“MDL”)

A procedure that consolidates similar federal cases from different districts before one judge for coordinated pre-trial proceedings. MDL helps manage complex litigation efficiently while preserving each plaintiff’s right to an individual trial. Cases can be remanded to their original courts for trial if not settled.

Foreseeability

The ability to reasonably anticipate that certain actions could result in harm to others. Foreseeability is crucial in determining proximate causation and the scope of liability. If harm was not reasonably foreseeable, defendants may not be held responsible even if their actions factually caused the injury.

G

General Damages

Non-economic damages that compensate for intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life. Unlike special damages, general damages cannot be precisely calculated and require subjective assessment by the jury. These damages recognize that injuries cause more than just financial harm.

Gross Negligence

An extreme departure from the standard of care that shows reckless disregard for the safety of others. Gross negligence is more than ordinary negligence but less than intentional wrongdoing. It may justify punitive damages and can overcome certain liability limitations.

H

Hazardous Substance

Any material that poses risks to human health or the environment due to its chemical, physical, or biological properties. Exposure to hazardous substances can lead to mass tort litigation when large numbers of people are affected. Strict liability often applies to activities involving hazardous substances.

I

Impeachment

The process of challenging a witness’s credibility during trial by showing inconsistencies, bias, or other factors that affect reliability. Impeachment can involve comparing current testimony to previous statements, demonstrating the witness’s interest in the outcome, or showing character for untruthfulness.

Informed Consent

The principle requiring that patients be fully informed of risks, benefits, and alternatives before agreeing to medical treatment. Failure to obtain proper informed consent can result in medical malpractice liability even if the treatment was performed skillfully. The standard of disclosure varies by jurisdiction.

Injunction

A court order requiring someone to do or refrain from doing specific acts. Injunctions can be temporary (preliminary) or permanent, and are typically used when monetary damages would be inadequate. In mass tort cases, injunctions might require companies to change dangerous practices.

Intentional Tort

A wrongful act committed with the intent to cause harm or with knowledge that harm is substantially certain to result. Examples include assault, battery, false imprisonment, and intentional infliction of emotional distress. Intentional torts often allow for punitive damages and may not be covered by insurance.

Interrogatories

Written questions that one party sends to another during discovery, which must be answered under oath. Interrogatories are useful for obtaining basic information about the opposing party’s claims, defenses, and witnesses. The number of interrogatories is typically limited by court rules.

J

Joint and Several Liability

A legal doctrine that makes multiple defendants each fully responsible for the entire judgment amount. This means a plaintiff can collect the full amount from any defendant, regardless of that defendant’s percentage of fault. Many states have modified this rule to prevent defendants from paying more than their fair share.

Judgment

The final decision of a court resolving the dispute between parties. Judgments can be entered after trial, summary judgment motion, or default. A judgment establishes the legal rights and obligations of the parties and can typically be appealed within specified time limits.

K

Knowledge

Awareness of facts or circumstances that can affect legal liability. In product liability cases, a manufacturer’s knowledge of defects can impact the timing of statute of limitations and availability of punitive damages. Constructive knowledge (what one should have known) can be as significant as actual knowledge.

L

Liability

Legal responsibility for one’s actions or omissions that cause harm to another. Liability can arise from negligence, intentional wrongdoing, or strict liability situations. Establishing liability is essential for obtaining compensation in personal injury cases.

Litigation

The process of pursuing or defending legal claims through the court system. Litigation includes all stages from filing the initial complaint through trial and potential appeals. Most personal injury litigation settles before trial, but the threat of trial provides leverage in negotiations.

Loss of Consortium

A claim for damages brought by the spouse or family member of an injured person for loss of companionship, affection, and services. This derivative claim compensates family members for how the injury has affected their relationship with the injured person. Some states also recognize children’s claims for loss of parental consortium.

M

Malpractice

Professional negligence by a person with specialized training or expertise, most commonly referring to medical malpractice. To prove malpractice, plaintiffs must show that the professional violated the standard of care expected in their field. Malpractice cases often require expert testimony to establish the appropriate standard of care.

Manufacturing Defect

A flaw that occurs during the production process, causing a product to differ from its intended design and making it unreasonably dangerous. Manufacturing defects affect only some units of a product line, unlike design defects which affect all products. Strict liability typically applies to manufacturing defect cases.

Mass Tort

A civil action involving numerous plaintiffs who have been injured by the same defendant’s conduct or product. Mass torts typically arise from defective drugs, medical devices, environmental contamination, or transportation disasters. These cases require special management techniques due to their size and complexity.

Mediation

A form of alternative dispute resolution where a neutral third party helps the opposing parties reach a mutually acceptable settlement. Unlike arbitration, the mediator does not make binding decisions but facilitates communication and negotiation. Mediation is often faster and less expensive than trial, and it allows parties to maintain control over the outcome.

Medical Expenses

Costs incurred for medical treatment related to an injury, including hospital bills, doctor visits, medications, and rehabilitation. These are typically the easiest damages to prove in personal injury cases because they are well-documented. Future medical expenses may also be recovered if they are reasonably certain to be incurred.

Motion

A formal request to the court asking for a specific ruling or order. Common motions in personal injury cases include motions to dismiss, summary judgment motions, and motions in limine to exclude certain evidence. Motions must typically be filed in writing and supported by legal arguments.

N

Negligence

The failure to exercise reasonable care under the circumstances, resulting in harm to another person. To prove negligence, plaintiffs must establish duty, breach, causation, and damages. Negligence is the most common basis for personal injury claims and forms the foundation of tort law.

Negligence Per Se

A legal doctrine that establishes negligence when a defendant violates a statute or regulation designed to protect a class of people from a specific type of harm. If the elements are met, the violation itself proves breach of duty, making it easier for plaintiffs to establish negligence.

No-Fault Insurance

A type of auto insurance system where each party’s insurance covers their own damages regardless of who caused the accident. No-fault systems are designed to reduce litigation and provide faster compensation. However, they typically limit the right to sue except for serious injuries that exceed certain thresholds.

Non-Economic Damages

Compensation for intangible losses that don’t have a specific monetary value, such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages are more subjective than economic damages and often make up a significant portion of personal injury awards. Some states have caps on non-economic damages.

O

Occurrence Policy

An insurance policy that covers claims arising from incidents that occur during the policy period, regardless of when the claim is filed. This contrasts with claims-made policies that require both the incident and claim to occur during the policy period. Occurrence policies provide broader coverage for long-tail claims.

Offer of Judgment

A formal settlement offer made by one party to another under specific court rules. If the offer is rejected and the offeree fails to obtain a more favorable result at trial, they may be responsible for the offeror’s post-offer costs and attorney fees. This mechanism encourages reasonable settlement negotiations.

P

Pain and Suffering

Compensation for the physical pain and emotional distress caused by an injury. This non-economic damage category includes both past and future suffering and can be substantial in serious injury cases. Juries consider factors such as the severity of injury, duration of pain, and impact on daily activities when awarding these damages.

Personal Injury

Physical or psychological harm to a person caused by someone else’s negligent, reckless, or intentional conduct. Personal injury law allows victims to seek compensation for their losses through civil lawsuits. Common types include auto accidents, slip and falls, medical malpractice, and product liability cases.

Plaintiff

The person or entity who files a lawsuit seeking compensation or other relief from the defendant. In personal injury cases, plaintiffs are typically individuals who have been harmed by another’s conduct. Plaintiffs bear the burden of proving their claims by a preponderance of the evidence.

Pleadings

The formal written documents filed with the court that state each party’s claims and defenses. The main pleadings are the complaint (filed by plaintiff) and answer (filed by defendant). Pleadings establish the scope of the lawsuit and inform all parties of the issues to be resolved.

Premises Liability

The legal responsibility of property owners for injuries that occur on their property due to unsafe conditions. The duty owed depends on the visitor’s status (invitee, licensee, or trespasser). Property owners must maintain their premises in a reasonably safe condition and warn of known hazards.

Preponderance of Evidence

The standard of proof in most civil cases, requiring that something is more likely true than not true (greater than 50% probability). This is a lower standard than the “beyond a reasonable doubt” standard used in criminal cases. Plaintiffs must meet this burden to prevail in personal injury lawsuits.

Product Liability

The legal responsibility of manufacturers, distributors, and retailers for injuries caused by defective products. Product liability can be based on negligence, breach of warranty, or strict liability. This area of law protects consumers by holding the entire supply chain accountable for dangerous products.

Proximate Cause

A legal concept that limits liability to consequences that are reasonably foreseeable and directly related to the defendant’s conduct. Even if the defendant’s actions factually caused the harm, liability may be limited if the harm was too remote or unforeseeable. This prevents unlimited liability for all consequences of one’s actions.

Punitive Damages

Money awarded to punish defendants for egregious conduct and deter similar behavior in the future. Unlike compensatory damages, punitive damages are not meant to compensate the plaintiff but to punish the defendant. They are typically available only when the defendant’s conduct was intentional, malicious, or grossly negligent.

R

Reasonable Care

The level of caution and concern that a prudent and rational person would exercise under similar circumstances. This objective standard is used to determine whether someone acted negligently. The specific requirements of reasonable care vary depending on the situation and the relationship between the parties.

Release

A legal document that discharges someone from liability for past or future claims. Releases are commonly used in settlement agreements to prevent future lawsuits arising from the same incident. Courts scrutinize releases carefully to ensure they are clear, unambiguous, and not contrary to public policy.

Res Ipsa Loquitur

A legal doctrine meaning “the thing speaks for itself” that allows negligence to be inferred from the circumstances of an accident. This doctrine applies when the injury wouldn’t normally occur without negligence and the defendant had exclusive control over the instrumentality causing harm. It helps plaintiffs when direct evidence of negligence is unavailable.

Respondeat Superior

A legal doctrine that holds employers liable for the negligent acts of their employees committed within the scope of employment. This vicarious liability ensures that injured parties can recover from entities with greater financial resources. The doctrine encourages employers to properly train and supervise their employees.

S

Settlement

An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve payment of money in exchange for dismissal of claims and a release from further liability. Most personal injury cases settle because it provides certainty and avoids the risks and costs of trial.

Slip and Fall

A type of premises liability case where someone is injured after slipping, tripping, or falling on someone else’s property. These cases often involve hazardous conditions like wet floors, uneven surfaces, or inadequate lighting. Property owners may be liable if they knew or should have known about the dangerous condition.

Special Damages

Specific economic losses that can be calculated with reasonable precision, such as medical bills, lost wages, and property damage. Special damages must be specifically pleaded and proven with documentation. They contrast with general damages, which compensate for intangible losses like pain and suffering.

Standard of Care

The level of care that a reasonable person or professional would exercise under similar circumstances. In medical malpractice cases, the standard is what a reasonably competent physician in the same specialty would do. Violation of the standard of care is necessary to prove negligence.

Statute of Limitations

The time limit within which a lawsuit must be filed after the cause of action arises. These deadlines vary by state and type of claim, typically ranging from one to six years for personal injury cases. Failure to file within the statute of limitations usually results in permanent loss of the right to sue.

Strict Liability

Legal responsibility that exists regardless of fault or intent, typically applied to abnormally dangerous activities and defective products. Under strict liability, plaintiffs don’t need to prove negligence, only that they were injured by the defendant’s product or activity. This doctrine places the risk of harm on those who profit from potentially dangerous activities.

Subrogation

The right of an insurance company to seek reimbursement from third parties responsible for losses the insurer has paid. For example, if an insurer pays for medical bills after a car accident, it can seek reimbursement from the at-fault driver. Subrogation prevents double recovery and helps keep insurance premiums lower.

Summary Judgment

A court ruling that resolves a case without trial when there are no genuine disputes about material facts. The moving party must show they are entitled to judgment as a matter of law. Summary judgment speeds up litigation by eliminating cases that don’t require a jury to resolve factual disputes.

T

Tort

A civil wrong that causes harm to another person, for which the injured party can seek compensation through a lawsuit. Torts can be intentional (like assault), negligent (like car accidents), or based on strict liability (like defective products). Tort law aims to compensate victims and deter harmful conduct.

Trial

The formal proceeding where parties present evidence and arguments to a judge or jury for resolution of their dispute. Trials can be bench trials (decided by a judge) or jury trials. Most personal injury cases settle before trial, but the possibility of trial provides leverage in settlement negotiations.

U

Uninsured Motorist Coverage

Insurance protection that covers policyholders when they are injured by drivers who have no insurance or insufficient insurance. This coverage ensures that victims can still recover compensation for their injuries even when the at-fault driver cannot pay. Most states either require or offer this important protection.

Unreasonably Dangerous

A legal standard used in product liability cases to determine whether a product is defective. A product is unreasonably dangerous if it poses risks beyond those that would be contemplated by the ordinary consumer or if a reasonable alternative design would have prevented the harm. This standard balances utility against risk.

V

Venue

The proper geographic location where a lawsuit should be filed and tried. Venue rules ensure cases are heard in convenient and appropriate locations, typically where the defendant resides, where the injury occurred, or where the defendant does business. Defendants can request transfer to a more appropriate venue.

Verdict

The final decision of a jury after deliberating on the evidence presented at trial. Verdicts in civil cases determine whether the defendant is liable and, if so, the amount of damages to be awarded. Verdicts can be general (finding liability and damages) or special (answering specific questions about the case).

Vicarious Liability

Legal responsibility imposed on one party for the acts of another based on their relationship. Common examples include employer liability for employee actions and parent liability for minor children’s acts. Vicarious liability ensures that injured parties can recover from those with the ability to pay and control the actor’s conduct.

W

Waiver

The voluntary relinquishment of a known right or privilege. Waivers are commonly used in recreational activities where participants acknowledge and accept certain risks. For a waiver to be effective, it must be clear, unambiguous, and not violate public policy. Courts scrutinize waivers carefully, especially when significant imbalances of bargaining power exist.

Warranty

A promise or guarantee about the quality, performance, or characteristics of a product. Warranties can be express (explicitly stated) or implied (imposed by law). Breach of warranty can be a basis for product liability claims, providing an alternative to negligence and strict liability theories.

Workers’ Compensation

A system of insurance that provides medical benefits and wage replacement to employees injured in the course of employment. In exchange for these guaranteed benefits, employees typically cannot sue their employers for workplace injuries. This no-fault system ensures prompt treatment and compensation for work-related injuries.

Wrongful Death

A legal claim brought by survivors when someone dies due to another’s negligent, reckless, or intentional conduct. Wrongful death statutes vary by state but typically allow recovery for lost earnings, medical expenses, funeral costs, and loss of companionship. These claims provide compensation for the deceased’s family while holding wrongdoers accountable.

X

X-Ray Evidence

Medical imaging used as evidence in personal injury cases to demonstrate the extent and nature of injuries. X-rays, MRIs, and CT scans provide objective evidence of fractures, soft tissue damage, and other injuries. This diagnostic evidence is crucial for proving both the severity of injuries and their connection to the alleged incident.

Z

Zone of Danger

A legal concept used in determining whether someone can recover for emotional distress caused by witnessing injury to another person. Plaintiffs typically must be within the physical zone of danger themselves or be closely related to the victim and present at the scene. This doctrine limits liability for emotional distress to prevent unlimited claims from distant observers.