Personal Injury Law Dictionary

A

• Abstract of title: All legal records and recorded documents related to a piece of real property.
• Accident: An unexpected, unintentional event causing damage or injury.
• Accident Insurance: Insurance that pays for injuries from accidents, often alongside health insurance.
• Accident Report: A formal record of an incident, created by authorities like police or hospital staff.
• Act of God: A natural event, like a flood or earthquake, causing harm without human involvement.
• Ad Litem: A court-appointed representative for minors or those unable to represent themselves in a lawsuit.
• Affidavit: A written statement sworn under oath.
• Alternative Dispute Resolution (ADR): Ways to settle disputes outside court, like mediation or arbitration.
• Answer: A defendant’s written response to a lawsuit’s claims.
• Appeal: A request to a higher court to overturn a lower court’s decision.
• Arbitration: A process where a neutral third party makes a final decision to resolve a dispute.
• Assignment of Benefits: Transferring insurance benefits to another party, like a hospital, with consent.
• Assumption of Risk: Voluntarily accepting known risks, which may prevent claiming damages.
• Attorney-Client Privilege: A rule keeping communications between you and your lawyer confidential.

B

• Bad Faith: When an insurance company unfairly denies or delays a claim.
• Bad Faith Claim: A lawsuit against an insurer for wrongfully handling a claim.
• Benefit: Financial help from an employer, insurer, or program for injury or disability.
• Bodily Injury: Physical harm to a person, like bruises or broken bones.
• Burden of Proof: The plaintiff’s duty to prove their claims are true.

C

• Causation: Showing that the defendant’s actions directly caused the injury.
• Claim: A legal action for harm caused by negligence or a request for insurance coverage.
• Claim Adjuster: An insurance worker who investigates and manages claims.
• Class-Action Lawsuit: A lawsuit filed by a group with shared claims against a defendant.
• Comparative Negligence: Reducing a plaintiff’s compensation based on their share of fault.
• Compensation: Money paid to cover losses, like medical bills or lost wages.
• Compensatory Damages: Money to cover actual losses, like medical costs or pain.
• Complaint: The document that starts a lawsuit, outlining the defendant’s wrongs.
• Compulsory Medical Examination (IME): A medical exam required by the defendant or insurer.
• Concussion: A brain injury from a head blow, causing symptoms like dizziness.
• Contingency Fee: A lawyer’s fee paid only if you win, taken from the settlement.
• Contributory Negligence: A rule that may block recovery if the plaintiff partly caused their injury.
• Contusion: A medical term for a bruise.

D

• Damages: Money awarded for losses or injuries, including compensatory and punitive types.
• Decubitis Ulcer (Bed Sore): Skin damage from prolonged pressure, common in nursing homes.
• Defendant: The person or entity being sued in a lawsuit.
• Demand Letter: A formal request for compensation, threatening legal action if ignored.
• Deposition: Sworn testimony given outside court, recorded for the case.
• Disclosure: Sharing relevant case documents with the opposing side.
• Discovery: The process of gathering evidence, like documents or witness statements.
• Distracted Driving: Driving while doing other tasks, like texting, increasing accident risk.
• Driving Under the Influence (DUI): Operating a vehicle while impaired by alcohol or drugs.
• Duty of Care: The obligation to act responsibly to avoid harming others.

E

• Emergency Medical Condition (EMC): A severe condition needing immediate care, affecting insurance benefits.
• Evidence: Information, like documents or testimony, used to prove a case.
• Excess Judgment: A court award exceeding the defendant’s insurance limits, making them personally liable.
• Exemplary Damages: Money awarded to punish extreme misconduct (same as punitive damages).
• Expert Witness: A specialist who testifies to support a case with their expertise.

F

• Fall Risk Assessment: A nursing home evaluation of a resident’s likelihood of falling.
• Fault: Failing to act reasonably, causing harm, whether intentional or accidental.
• Federal Nursing Home Reform Act/OBRA: U.S. rules setting care standards for nursing homes.
• Federal Tort Claims Act (FTCA): A law allowing lawsuits against the government for negligence.
• Force Majeure: An uncontrollable event, like a storm, used as a defense in lawsuits.

I

• IDPH (Illinois Department of Public Health): Illinois agency overseeing health regulations, relevant in some cases.
• Interrogatory: Written questions exchanged between parties to gather case information.

J

• Jones Act: A law protecting ship crew members, allowing lawsuits for negligence-related injuries.

L

• Lawsuit: A legal dispute between parties resolved in court.
• Liability: Legal responsibility for causing harm, requiring payment or action.
• Liability Insurance: Insurance covering damages from the policyholder’s negligence.
• Loss of Consortium: Compensation for losing a family member’s companionship due to injury.

M

• Medical Malpractice: Harm caused by a healthcare provider’s failure to meet care standards.
• Motion: A request for a judge to rule on a specific issue in a case.

N

• Negligence: Failing to act with reasonable care, causing harm to another.

P

• Pain and Suffering: Compensation for physical and emotional distress from an injury.
• Personal Injury: Harm to body, mind, or emotions caused by another’s negligence.
• Personal Injury Claim: A legal action seeking compensation for negligence-caused harm.
• Plaintiff: The person or group filing a lawsuit.
• Power of Attorney: A document authorizing someone to act on your behalf.
• Preponderance of Evidence: The standard requiring claims to be more likely true than not.
• Product Liability: Laws holding manufacturers responsible for injuries from defective products.
• Punitive Damages: Money awarded to punish the defendant for severe misconduct.

S

• Sepsis (Septicemia): A serious blood infection, often linked to medical negligence.
• Settlement: An agreement to resolve a lawsuit, usually involving payment.
• Settlement Mediation: A process where a neutral mediator helps parties agree to settle.
• Statute of Limitations: The time limit for filing a lawsuit, varying by case type.
• Summary Judgment: A judge’s ruling ending a case before trial if no key facts are disputed.
• Summons: A court notice informing the defendant of a lawsuit against them.

T

• Testimony: Sworn statements given by witnesses in court or depositions.
• Tort: A wrongful act causing harm, for which a lawsuit can seek damages.

W

• Witness: Someone who provides sworn testimony based on their knowledge or expertise.
• Workers’ Compensation: Payments for injuries sustained while working.
• Wrongful Death: A lawsuit for a death caused by another’s negligence, filed by family or estate.

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