Glossary of Personal Injury Law Terms
There are 1274 entries in this glossary.| Term | Definition |
|---|---|
| Asbestos |
A fibrous silicate mineral that was once commonly used in construction. People who have been exposed to asbestos over a period of time may develop asbestosis, mesothelioma, and lung cancer. |
| Asbestosis |
A disease that afflicts people who have been exposed asbestos fibers. Scar tissue builds up in the lungs, causing breathing difficulty and an increased risk of infection. Ataxia: Jerky, uncoordinated movements. |
| Assault |
A willful attempt or threat to harm another person, coupled with the present ability to inflict injury on that person, which causes apprehension in that person. Although the term ´assault´ is frequently used to describe the use of illegal force, the correct legal term for use of illegal force is ´battery .´ |
| Assign |
To give, to transfer responsibility, to another. The assignee (sometimes also called "assigns") is the person who receives the right or property being given and the assignor is the person giving. |
| Assigned Risk |
A risk not ordinarily acceptable to insurers which is, according to state law, assigned to insurers participating in a plan in which the insurers agree to accept their share of these risks. |
| Assumption of risk |
A defendant´s allegation that the injured plaintiff recognized the danger of the plaintiff´s course of action but, nonetheless, willingly chose to risk such danger. |
| Assumption of the Risk |
When a person voluntarily and knowingly proceeds in the face of an obvious and known danger, she assumes the risk. A person found to have assumed the risk cannot make out the duty element of a negligence cause of action. The theory behind the rule is that a person who chooses to take a risk cannot later complain that she was injured by the risk that she chose to take. Therefore, she will not be permitted to seek money damages from those who might have otherwise been responsible. |
| At issue |
The time in a lawsuit when the complaining party has stated his claim and the other side has responded with denial and the matter is ready to be tried. |
| Athetosis |
Involuntary movements - uncontrolled/unwanted movements. |
| Attorn or Attornment |
To consent, implicitly or explicitly, to a transfer of a right. Often used to describe a situation where a tenant, by staying on location after the sale of the leased property, accepts to be a tenant of the new landlord; or where a person consents to ("attorns to") the jurisdiction of a court which would not have otherwise had any authority over that person. |
| Attorney |
An alternate word for lawyer or "barrister & solicitor", used mostly in the USA. A person that has been trained in the law and that has been certified to give legal advice or to represent others in litigation. |
| Attorney of Record |
The principal attorney in a lawsuit, who signs all formal documents relating to the suit. |
| Attorney-Client Privilege |
Client´s privilege to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and his or her attorney. |
| Attorney-in-Fact |
A private person (who is not necessarily a lawyer) authorized by another to act in his or her place, either for some particular purpose, as to do a specific act, or for the transaction of business in general, not of legal character. This authority is conferred by an instrument in writing, called a letter of attorney, or more commonly a power of attorney. |
| Audi alteram partem |
Latin: a principle of natural justice which prohibits a judicial decision which impacts upon individual rights without giving all parties in the dispute a right to be heard. Habeas corpus was an early expression of the audi alteram partem principle. In more recent years, it has been extended to include the right to receive notice of a hearing and to be given an opportunity to be represented or heard. |
| Automobile Insurance |
A form of insurance that protects against losses involving autos. Examples of coverage types include: bodily injury liability, property damage liability, medical payments, and collision and comprehensive coverage for physical damage to the insured´s vehicle. |
| Autrefois acquit |
French word now part of English criminal law terminology. Refers to an accused who cannot be tried for a crime because the record shows he has already been subjected to trial for the same conduct and was acquitted. If the accused maintains that the previous trial resulted in conviction, he or she pleads "autrefois convict." "Autrefois attaint" is another similar term; "attainted" for a felony, a person cannot be tried again for the same offence. |
| Avulsion |
Land accretion that occurs by the erosion or addition of one's land by the sudden and unexpected change in a river stream such as a flash flood. |
| Avunculus |
Latin: a mother's brother. "Avuncular" refers to an uncle. |




