Affidavit
A voluntary statement, written under oath that verifies the professed facts of the party.
Assumption of Risk
A claim by the defendant in a personal injury suit, which the plaintiff was aware of the risks associated with a specific activity and willing took the risk. As such, the plaintiff should be partially responsible for their own injury.
Burden Of Proof
Used by the plaintiff in a personal injury case, a proof of burden proves negligence against the defendant by showing that the defendant failed to keep a given responsible thereby causing the accident or damage.
Cause of Action
Provides the right of an individual to file a lawsuit.
Civil Law
Regulations and statutes in non-criminal law.
Claim
Legal method to demand payment, compensation, restitution and explicit rights.
Claimant
The plaintiff, the one who makes a claim.
Class Action
A lawsuit where a select number of plaintiffs represent the claims of a larger group of plaintiffs and all collect a portion of the settlement.
Comparative Fault
A partial legal defense that reduces the amount of damage an injured person can recover based upon the degree of which the injured person’s negligence contributed to the cause of the injury.
Damages
The financial value assigned to the loss or harm caused by an injury.
Defendant
The party being sued.
Directed Verdict
In civil cases where inadequate evidence can only support one conclusion, the jury will receive a decision from the judge.
Dismissal with Prejudice
A case is dismissed and the plaintiff is prohibited from another action that uses the same claim or facts.
Dismissal without Prejudice
A new lawsuit can be filed after a case is dismissed when additional evidence can be presented.
Expert Witness
A witness with specific education, training, knowledge or skills that makes their testimony superlative.
Fiduciary Duty
The obligation to act solely in the interest of another party totally free from conflicts of interest and personal benefit.
Joint And Several Liability
When multiple parties are responsible for the accident or injury, this legal tenet requires that each responsible party is liable for the full amount if one or more of the other parties are unable to pay their share. This assures the plaintiff will receive all the damages awarded to them.
Judgment
The final order from the judge that ends a lawsuit. The judgment finalizes the amount of the monetary award and the party responsible for payment.
Liability
Responsibility under the law.
Lien
In order to secure payments, a claim is placed on the plaintiff’s case for the amount of debt owed to be paid after case completion.
Liquidated Damages
A predetermined dollar amount set for damages which will be paid to a party if the contract is breached.
Loss Of Consortium
The uninjured spouse of an injured party may make a claim for impairment or loss of marital functions in a separate and distinct action.
Malpractice
Professional negligence (doctor, accountant, lawyer).
Negligence
The circumstantial failure to act in a way that is appropriate and reasonable.
Notice of Claim
In cases against government agencies or medical malpractice claims, it is an extra step that describes the claim in detail. The notice of claim must be served to the allegedly responsible party before a lawsuit can be filled, otherwise, the case will be dismissed.
Personal Injury
An injury caused by another. It may be physical, emotional or to reputation.
Plaintiff
The party originating the lawsuit.
Proximate Cause
Compensation in the form of property or money awarded by the court to the injured party.
Reasonable Medical Certainty
Medical opinions concerning a plaintiff’s condition, impairment, or disability must be based on probabilities and not possibilities in order to be admitted as evidence.
Satisfaction of Judgment
A document signifying that a person has paid the amount due, satisfying judgment.
Settlement
An agreement intended to resolve a dispute that includes financial compensation.
Standard of Care
A degree of reasonableness and caution.
Statute of Limitation
The time limit within which you must file a lawsuit in court.
Strict Liability
Regardless of any negligence, a person is held liable for injuries and damages caused by their actions or products.
Summary Judgment
When a party is entitled to prevail, a motion can be made to convince the court that there is no issue or controversy with the evidence. If granted, the defendant becomes liable for damages proved by the plaintiff.
Tort
A wrong for which you can recover financial damages.
Tortious Interference
A party intentionally damages the plaintiff’s contractual or business relationship with a third party.
Trial
The presentation of evidence most often before a judge or jury.
Waiver
A voluntary renunciation of a recognized right or claim.