Glossary of Personal Injury Terms
Personal Injury Glossary Bay Areas Terms & Terminology
Please contact our accident injury lawyer and attorney at our accident personal injury law office located in San Jose, San Clara County, Alameda County, San Mateo County, and San Francisco County area for particular situation.
Action: A lawsuit filed in court. Your San Jose car accident injury attorney will help you file your action with the court and settle your case.
Affidavit: A truthful factual detail of the events in question confirmed under oath.
Allegation: A claim by the plaintiff against defendant that needs to be backed up with evidence.
Answer: A defendant's written response to a plaintiff's claims agreeing or denying the claims.
Appeal: A request to a higher court by the aggrieved party to reconsider a court decision handed down by a lower court.
Arbitration: This is a legal process that is out-of-court that can be used to determine legal disputes. It can be mandatory and binding where the parties have an independent person, called the Arbitrator that decides the case after evidence is presented.
Asbestos: A fibrous silicate mineral which some builders used in construction in the past. It has since been determined to cause asbestosis, mesothelioma, and lung cancer when exposed for longer period.
Assumption of Risk: When one knowingly assume the risk or dangers associated with their actions and chose to take the risks anyway. Sports like basketball playground accidents do not involve lawsuits because the players had assumed the risk in the form of implied consent that one might contact them in the playground.
All-Terrain Vehicle (ATV): A term that describes tough vehicles that operate off-road mainly used for recreation. These vehicles are known to be very dangerous due to their ability to travel at high speeds and lack of exterior shielding for the people riding the vehicle.
Bad faith: Where someone is acting with intention to deceive another.
Beneficiary: A person that will benefit from another's interest. The law allows the beneficiary to bring a lawsuit to protect his or her interest.
Bodily Injury Liability: Bodily injury liability covers injury to other people and their loved ones.
Brain injury: A serious head injury that can lead to bleeding, paralysis, or some catastrophic health injury.
Cancer: A serious cell growth which can result in tumors and death.
Claim: A demand or request which one makes to an insurance company or another person to recover losses suffered in an accident. Please contact our car accident injury lawyer and attorney at our car accident personal injury law office located in San Jose, San Clara County, Alameda County, San Mateo County, and San Francisco County area.
Compensatory Damages: It is monetary award transferred from responsible party to the plaintiff to pay for losses sustained by the plaintiff. It may include only actual economic losses, like medical bills and future lost income. Compensatory damages may include compensation for pain and suffering.
Class Action Lawsuit: A class action lawsuits are usually filed against manufacturer's for defective products related issues where more than one plaintiff was injured. One plaintiff or group of them may originate this lawsuit.
Collision Coverage: This is the part of the insurance policy that pays to repair or replace your car after an accident. A deductible can apply depending on the insured’s requests at the start of the policy. It does not cover medical, personal or bodily injury.
Comprehensive Insurance: Car coverage which reimburses you for damage to your own car from a collision, flood, theft, damage from animals, windshield damage, and earthquakes.
Countersuit: A lawsuit filed by the defendant against the plaintiff in the same court proceeding.
Damages: That amount of money which the plaintiff recovers in a personal injury action or case. It may be in the form of compensatory damages like medical bill, loss wages, pain and suffering and may be even punitive damages.
Deductible: This is that portion of loss which you must pay before the insurance company comes to pay the difference to your full policy limit.
Defendant: A party against whom the civil lawsuit has been filed by the plaintiff in a civil court of law.
Deposition: A legal proceeding in which the people involved in the cause of action either as a defendant, witness, plaintiff or expert witness questioned under oath by the lawyers.
Disability: Individuals who are unable to perform regular or normal tasks due to injury or circumstance such as the loss of a limb or paralysis.
Discovery: Discovery is a process of evidence gathering which as determined by the attorney or lawyer may include interrogatories, depositions, demands for production of documents and pictures. Each party to a lawsuit has the right to discover evidence that may be used against him or her at trial or settlement. This process may facilitate quick resolution of the case and is encouraged by the judicial process.
Disfigurement: A serious visible scar in a visible area like on someone's face, neck, leg, arm or head.
Dismemberment: The loss of a body part like one's leg, ear, or finger. Please send email to car accident injury lawyer and attorney at our car accident personal injury law office located in San Jose, San Clara County, Alameda County, San Mateo County, and San Francisco County area.
Dismissal with Prejudice: The dismissal of a lawsuit that prevents the plaintiff from bringing another lawsuit for the same cause of action.
Dismissal without Prejudice: The dismissal of a lawsuit that allows a plaintiff to file another lawsuit.
Directed verdict: A judgment made by the trial judge without the jury.
Elder Abuse: Any infliction of physical, sexual, verbal, psychological, or financial abuse committed against an older adult by another individual even by a family member.
Fraud: Misstatement used to manipulate or deceive one into giving up something they are entitled to.
Future Medical Expenses: If the plaintiff proves that he or she will receive continued medical care as a result of the responsible party's negligence, he or she will allowed additional recovery for the treatment of that future medical treatment.
Gross Negligence: Reckless neglect or failure to perform an act that one is obligated to perform resulting in an accident or injury.
Hearsay: Evidence that is based on what a witness has heard another individual say, rather than what the witness has personally seen or experienced.
Hit and Run: This occurs where a vehicle or truck leaves the scene of the accident without reporting the accident to the owner of the car, leaving a note or reporting to authorities. Hit and run is a serious criminal offense that can result in severe charges.
Insurance Adjuster: A professional hired by insurance companies in order to protect their assets and financial interests. Their job is to offer and settle the insurance claim for as little money as possible and to protect the interest of their masters.
Liability: A person's responsibility for an act or omission resulting in injuries to another party.
Loss of Consortium: Loss of the injured spouse’s assistance from his or her partner or loss of companionship.
Mediation: Settlement through negotiation. It is a dispute resolution tool similar to Arbitration, but it does not involve testimony or evidence. The Mediator facilitates the process of negotiation.
Mesothelioma: This is a cancer found in people who have been exposed to asbestos. It may manifest itself in the abdomen.
Medical Malpractice: It is a professional negligence by a health care provider which causes injury to his or her client. The injured person will be allowed to recover against the professional.
Medical Payments Coverage: It is a type of covers medical expenses to you and your passengers injured in an accident. It is not based on fault.
Misrepresentation: Misleading advertising or failure to disclose facts that the manufacturer or owner has knowledge of or should have known.
Negligence: Failure to use reasonable care by the responsible party or defendant. A reasonable person in a similar situation would have used reasonable care.
Out of Court Settlement: This is where both partiess decide to settle their dispute outside of a courtroom. Please send email to car accident injury lawyer and attorney at our car accident personal injury law office located in San Jose, San Clara County, Alameda County, San Mateo County, and San Francisco County area.
Pain and Suffering: Damages recoverable by the plaintiff for emotional trauma, discomfort, mental, and physical pain from the defendant negligence.
Physical Therapy: A medical treatment or physical manipulation that helps to improve health and reduce pain associated with injury.
Plaintiff: The party who files the complaint or claim in a civil lawsuit against the defendant.
Permanent Disability: Recovery is allowed if the plaintiff can show that his or her injury is permanent in nature. Medical testimony from a doctor and X-rays will help to establish the permanent nature of the injury.
Premise Liability: A possessor of lands has legal responsibility to maintain the property in a safe condition to prevent injury to people entering the premises.
Product Liability: Usually results from the use of defective manufacturer's product or misleading advertisement.
Punitive Damages: The purpose of this damage is to punish a defendant where the plaintiff can show that gross misconduct was involved on defendant's part.
Slip and Fall Injury: An injury resulting from an incident in which the plaintiff trips and falls because of wet surface, obstructing object, or even poor area visibility.
Statute of Limitations: Time limit to file a lawsuit by the injured party or by barred by the statute. Time period varies from state to state.
Strict Liability: Cause of action for consumers that suffer injury from manufactured goods.
Subpoena: A subpoena is a legal document that forces or compels one to testify for the interest of resolving a dispute between the plaintiff and the defendant.
Tort: A tort is when someone injures someone else, which allows the victim to file a lawsuit. Please send email to car accident injury lawyer and attorney at our car accident personal injury law office located in San Jose, San Clara County, Alameda County, San Mateo County, and San Francisco County area.
Traumatic Brain Injury (TBI): Damage which results from sudden trauma to the head. The injured party may not experience symptoms for weeks after the injury is sustained. If you have sustained a traumatic brain injury, it is crucial to seek medical attention as soon as possible.
Trespasser: A trespasser is someone who enters property they do not own without consent or permission from the owner.
Uninsured/Underinsured Motorist: Coverage pays for your injuries when the responsible party has no insurance coverage or not enough liability insurance to cover your injuries.
Witnesses: People who are present when the accident occurred or trained in some special capacity like accident reconstruction, police officer's to provide testimony of what happened.
Wrongful Death: Death which results because of another's malice, negligence, or gross and recklessness behavior. The surviving spouse, children, and parents of the deceased may bring the action. Please contact car accident injury lawyer and attorney at our automobile/motorcycle accident injury law office located in San Jose, San Clara County, Alameda County, San Mateo County, and San Francisco County area at 408-912-5983.
Geoffrey Nwosu San Jose ca accident personal injury attorney & lawyer Disclaimer: California injury attorney, lawyer, auto accident, car crash, car accident, automobile accident, motorcycle accident, bicycle accident or other information present at this site should neither be considered as a legal advice nor formation of attorney, lawyer or counsel relationship. Please do not take any legal information presented here as a promise or guarantee. Get in touch with our personal injury and accident law firm today, so we can discuss the legal options that are available for your legal case. We do not take cases from outside the state of California.