Glossary of Personal Injury Law Terms
There are 1274 entries in this glossary.| Term | Definition |
|---|---|
| A vinculo matrimonii |
Latin: of marriage. The term is now used to refer to a final and permanent divorce. |
| Ab initio |
A Latin term meaning "from the beginning". |
| Abatement |
In law, a termination or diminishment. Commonly used to refer to a reduction of something owed by the person to whom it is owed. A landlord might grant abatement in rent by reducing the amount owed. Estate law may use the term more specifically. When an estate is settled, debts must be paid off before any willed property can be distributed. If property has to be sold to pay off the deceased's debts, it cannot then be gifted to the beneficiary. It is then said to "abate". The gift has been terminated or diminished before it could be given. See also "ademption". |
| Abduction |
To carry a person away by force or fraud. This term applies only to a person - a thing cannot be abducted. See also "kidnapping". |
| Abet |
To aid, encourage or incite another to do wrong. "Aiding and abetting" is a crime in many countries. |
| Abstract of Title |
A chronological summary of all official records and recorded documents affecting the title to a parcel of real property. |
| Acceleration clause |
A clause in a contract that allows the terms of the contract to become fully due immediately if a payment is missed, or some other default in the debtor's obligation occurs (such as the debtor becoming insolvent). |
| Acceptance |
In law, acceptance is an express or implied act that accepts the terms and obligations of a contract or agreement. It is one of three requisites to a valid contract under common law (the other two being an offer and consideration). No contract can exist until it is accepted, but the contract begins at the moment of acceptance. See also "acquiescence". |
| Accepted claim |
A claim in which the insurance company accepts that your injury or illness will be covered by workers´ compensation. |
| Accolate |
Medicine prescribed for prophylaxis and treatment of chronic asthma in patients 12 years and older. Has shown to cause liver dysfunction, particularly in females. |
| Accomplice |
|
| Accord and Satisfaction |
To quote from the case of British Russian Gazette & Trade Outlook Ltd. v. Associated Newspapers Ltd. (1933) 2 K.B. 616: "Accord and satisfaction is the purchase of a release from an obligation arising under contract or tort by means of any valuable consideration, not being the actual performance of the obligation itself. The accord is the agreement by which the obligation is discharged. The satisfaction is the consideration which makes the agreement operative." An example of this would be to buy out the contract of an employee, rather than insisting the contract be fulfilled. In this example, the accord would be the agreement that the employee leave and not pursue legal action against the employer, and the satisfaction would be the money paid to buy out the contract. |
| Accretion |
The addition to land by the gradual addition of soil. This can happen by erosion washing soil onto an area; by flooding doing the same; or by a permanent retreat of water from land. A similar term is avulsion, but this refers more to a sudden transference rather than a gradual one. |
| Accutane |
A brand of prescription medicine used to treat severe nodular acne that has not responded to other treatments such as antibiotics. Accutane may cause serious side effects, including birth defects and mental disorders. |
| Acetaminophen |
A medication effective for relieving mild pain and fever. It is also used as a non-steroidal anti-inflammatory. |
| Acknowledgment |
|
| Acquiescence |
To consent or agree without action or protest. Inaction can bind a person legally just as direct action can. Implied recognition of the terms of a contract can be as binding as direct acceptance of that contract. For instance, if one reads a magazine at a magazine stand and tears out a page or coupon, one is obligated to pay for the magazine since that is an implied acceptance of the magazine. Acquiescence can also occur by failure to take action in a timely fashion. Failure to act before a known deadline can create a contractual obligation. |
| Acquit |
To find a defendant not guilty in a criminal trial. |
| Act |
A bill which has passed through the various legislative steps required for it and which has become law. |
| Act of God |
An event, usually a disaster, caused solely by the effect of nature or natural causes. Insurance contracts often waive their obligations for damage caused by hurricanes, floods or earthquakes, calling them "acts of God". See also "force majeure". |
| Action |
In the legal sense, a formal complaint or a suit brought in court. |
| Actuaries |
Professionals who analyze the financial consequences of risk. Social Security actuaries make projections about population, Accidents, life expectancy, economic growth, inflation and productivity growth. |
| Ad damnum |
Latin: refers to the parts or sections of a petition that speaks to the damages that were suffered and claimed by the plaintiff. The ad damnum part of a petition will usually suggest an amount in dollars that the plaintiff asks the court to award. |
| Ad hoc |
Latin: for this purpose; for a specific purpose; a special case only. An ad hoc committee, for example, is created with a unique and specific purpose or task and once it has studied and reports on the matter, it stands disbanded (compare with standing committee). |
| Ad infinitum |
Latin: endlessly; without limit; indefinitely. Abbreviated "ad inf". |
| Ad Litem |
A Latin term meaning for the purposes of the lawsuit. For example, a guardian ´ad litem´ is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit. |
| Addendum |
An addition to a written document. A petition maybe added to a writ and thus become an addendum. |
| Addiction |
A physiological and psychological compulsion for a habit-forming substance. In extreme cases, an addiction may become an overwhelming obsession. |
| Additional Insured |
A person other than the named insured or covered person who is protected under the named insured?s auto policy. |
| Additur |
An increase by a judge in the amount of damages awarded by a jury. |
| Ademption |
From the Latin meaning "to take away". This refers to a legacy that is extinguished by the testator by disposal of the property before his death. Property not in the possession of the testator at the time of death cannot be willed away. |
| Adhesion contract |
A contract presenting at the point of sale, setting out the terms and conditions of the sale. There is no opportunity for negotiation and the terms are usually to the advantage of the seller. Known as the "fine print". |
| Adjudicate |
To decide a legal case. |
| Adjudication |
Giving or pronouncing a judgment or decree. Also the judgment given. |
| Administrative Agency |
Governmental body responsible for administering and implementing a particular legislation, such as laws governing traffic safety or workers´ compensation. These agencies may have rulemaking power and judge-like authority to decide disputes. |
| Administrative costs |
The Social Security Administration is known for having administrative costs of well under one percent of total assets. Administrative costs are the costs associated with running the program. |
| Administrative Hearing |
Proceeding before an administrative agency which consists of an argument, a trial, or both. Rules governing the proceeding, including rules of evidence, are generally less strict than in civil or criminal trials. |
| Administrative law |
Synonymous with "natural justice." Administrative law is that body of law that applies for hearings before quasi-judicial or administrative tribunals. This would include, as a minimum, the principles of natural justice as embodied in audi alteram partem and nemo judex in sua causa. Many quasi-judicial organizations or administrative tribunals supplement the rules of natural justice with their own detailed rules of procedure. |
| Administrative tribunal |
Hybrid adjudicating authorities that straddle the line between government and the courts. Between routine government policy decision-making bodies and the traditional court forums lies a hybrid, sometimes called a "tribunal" or "administrative tribunal" and not necessarily presided by judges. These operate as a government policy-making body at times but also exercise a licensing, certifying, approval or other adjudication authority which is "quasi-judicial" because it directly affects the legal rights of a person. Administrative tribunals are often referred to as "Commission", "Authority" or "Board." |
| Administrator |
Person appointed by a court to administer a deceased person´s estate. The person may be male (in which case, he would be referred to as the ´administrator´) or female (in which case, she would be referred to as the ´administratrix´). |
| Admissible evidence |
Evidence that can be legally and properly introduced in a civil or criminal trial. |
| ADR |
Abbreviation for alternative dispute resolution (which see). |
| Adultery |
Voluntary sexual intercourse between a married person and another person who is not the spouse. This is a legal ground for divorce in most countries. The person who seduces another's spouse is known as the "adulterer." |
| Adversary Proceeding |
Legal proceeding involving parties with opposing interests, with one party seeking legal relief and the other opposing it. |
| Adversary system |
Basic U.S. trial system in which each of the opposing parties has opportunity to state his viewpoints before the court. Plaintiff argues for defendant´s guilt (criminal) or liability (civil). Defense argues for defendant´s innocence (criminal) or against liability (civil). |
| Adverse possession |
Also often called "squatter's rights". The possession of land, without legal title, for a period of time sufficient to become recognized as legal owner. Different states stipulate different periods of time after which a squatter can acquire legal title. Some states prohibit adverse possession. |
| Affiant |
A person who makes and signs an affidavit. |
| Affidavit |
A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. For example, in criminal cases, affidavits are often used by police officers seeking to convince courts to grant a warrant to make an arrest or a search. In civil cases, affidavits of witnesses are often used to support motions for summary judgment. |
| Affirm |
The assertion of an appellate court that the judgment of the lower court is correct and should stand. |
| Agent |
In law, a person who has received the power to act on behalf of another, referred to as the "principal." The principal is bound as if he or she were themselves making the decisions. |
| Aggravated damages |
In tort law, special and highly exceptional damages awarded by a court to a plaintiff or victim who has suffered particularly humiliating or malicious acts. |
| Agonist Opioid |
A powerful type of narcotic that works by blocking signals to pain receptors in the brain. This process also raises the level of dopamine in the brain, creating a feeling of euphoria. |
| Agreed medical evaluator (AME) |
This is the physician that is agreed to by your attorney and insurance company. The AME will be the one to conduct your medical evaluations. |
| Agreement |
Mutual assent between two or more parties; normally leads to a contract; may be verbal or written. |
| Aid and Abet |
To actively, knowingly or intentionally assist another person in the commission or attempted commission of a crime. |
| AIME |
This is a dollar amount is used to calculate your Social Security benefit if you have reached the age 62 or have become disabled after the year 1978. |
| Alienate |
To transfer the ownership of property, especially real property, to another. |
| Alimony |
Literally, "food" or "support". An allowance paid to one spouse to another by court order while they are separated or divorced. At one time, "alimony" referred to support paid while the couple were separated but still married, while "maintenance" referred to support paid after divorce. Today, "alimony" is used for both circumstances. |
| Allegation |
A statement made in a pleading by one of the parties to the action and tells what that party intends to prove. |
| Alleged |
Stated; recited; claimed; asserted; charged. |
| Alliance |
A military treaty between two or more entities, providing for a mutually planned offensive, or for assistance in the case of attack on any member. |
| Allodial |
Land ownership that is free of any superior claim and independent of rent, payment in service, or any other kind of payment. Also known as "freehold". |
| Allonge |
A piece of paper which has been attached to a legal document to allow signatures to be added because there is not enough room on the main document. |
| Alternative Dispute Resolution |
Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others. |
| Alternative work |
If your doctor says you will not be able to return to your job because of your injury, your employer is encouraged to offer you alternative work instead of your regular work duties. There are requirements to this alternative work, such as meeting your work restrictions, that vary by state. |
| Amalgamation |
To join together into one, such as the amalgamation of different companies to form a single company. |
| Ambassador |
The highest ranking diplomatic position; a citizen officially appointed by their country's government to legally represent it in another country. |
| Ambulatory |
Literally, "to walk". In law, something which can be changed or revoked, such as a will. |
| AME |
The dollar amount used in calculating your monthly Social Security benefit if you attained age 62 or became disabled (or died) before 1978. |
| Amend |
In law, to change or to revise a written document. |
| American Medical Association (AMA) |
National physician?s group. The AMA has published the permanent impairment guidelines. |
| Americans with Disabilities Act (ADA) |
A federal law that prohibits discrimination against people with disabilities. |
| Amicus curiae |
Literally: friend of the court. Specifically, person or persons asking for permission to intervene in a case in which they are not otherwise involved, usually to present their point of view (or that of their organization) in a case which has the potential of setting a legal precedent in their area of activity, for example, in civil rights cases. In some instances, this can only be done with the permission of the parties or the court. |
| Analgesic |
Generic term for medications that relieve pain. Some analgesics like aspirin have a low pain-relieving threshold, whereas others like Oxycodone have a much higher ceiling. |
| Anesthesia Injury |
An injury sustained from incorrectly administered anesthetics. |
| Animus contrahendi |
Latin: an intention to contract. |
| Annual Cost of Living Increase |
Benefits increased based on the cost of living and inflation. |
| Annulment |
To invalidate by court action; make void; to make as if it never had been. For instance, a marriage can be annulled. It is struck from all records and stands as having never transpired in law, unlike a divorce, which cancels a valid marriage only from the date of the divorce. An action annulled stands, in law, as if never performed. |
| Answer |
Written response in which the defendant admits or denies the allegations contained in the complaint. |
| Antedate |
Literally, "before date". To set an earlier date for an event, for instance to date a check earlier than it was written. |
| Antenuptial |
Literally, "before marriage". An event or document which pre-dates a marriage, such as an "antenuptial agreement" that is signed before the marriage. |
| Anti-Theft Device |
Devices designed to reduce the chance an auto will be vandalized or stolen, or assist in its recovery. Includes car alarms, keyless entry, starter disablers, motion detectors, parts of the vehicle etched with the Vehicle Identification Number, and recovery systems. |
| Anti-trust |
Legislation which regulates business monopolies by preventing businesses from price-setting or any other secret collaboration which circumvents the natural forces of a free market economy and gives those engaging in the anti-trust conduct, a covert competitive edge. Also known as "anti-combines" or "competition" legislation. |
| Antidepressants |
A type of drug used to control or reduce depression. Some antidepressants have been found to have serious side effects. |
| AOE/COE |
(Arising out of and occurring in the course of employment) Injury caused by and happened while on the job. |
| Apgar Score |
When a child is born, a physician will take note of his or her activity - muscle tone, pulse, grimace, reflex irritability, appearance, skin color, and respiration. These observations are made once immediately following birth and once five minutes later. A score of zero to ten is then calculated. A low score alerts a doctor that resuscitation may be necessary and a high score reassures a doctor that the baby is healthy. |
| Appeal |
Request to a superior or higher court to review and change the result in a case decided by an inferior or lower court or administrative agency. |
| Appeals board |
A group of seven commissioners appointed by the governor to review and reconsider decisions of workers? compensation administrative law judges. |
| Appearance |
|
| Appellate Court |
A court having jurisdiction to hear an appeal and review the decisions of a lower or inferior court. |
| Applicants´ attorney |
A lawyer that can represent the injured worker in a workers´ compensation case. |
| Apportionment |
A way of figuring out how much of your permanent disability is due to your work injury and how much is due to other disabilities. |
| Appurtenance |
Something that, although detached, stands as part of another thing. An attachment or appendage to something else. Used often in a real estate context where an "appurtenance" may be, for example, a right-of-way over water, which, although physically detached, is part of the legal rights of the owner of another property. |
| Arava |
An oral medicine prescribed to slow the progress of rheumatoid arthritis. Arava? may cause liver dysfunction and birth defects. |
| Arbitration |
A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party and agree to abide by his or her decision. In arbitration there is a hearing at which both parties have an opportunity to be heard. |
| Arbitrator |
A person who conducts an arbitration. |
| Arraignment |
A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. Sometimes called a preliminary hearing or initial appearance. |
| Arrears |
A debt that is not paid on the due date adds up and accumulates as "arrears". For example, if you do not pay your rent, the debt still exists and is referred to as "arrears". The same word is used to describe child or spousal maintenance or support which is not paid by the due date. |
| Arrest |
To take into custody by legal authority. |
| Arson |
Some countries define "arson" as the intentional setting of a fire to a building in which people live; others include as "arson" the intentionally setting of a fire to any building. In either case, this is a very serious crime and is punishable by a long jail sentence. |




