Compensation recovered in the courts by a person who has suffered loss, detriment or injury to his/her person, property or rights, through the unlawful act or negligence of another.

If your injury was caused by one event, the date it happened is the date of injury. If the injury or illness was caused by repeated events, the date of injury is the date you knew, or should have known, the injury was caused by work.

Latin: as a matter of fact; something which exists in fact even if not necessarily lawful or legally sanctioned. For instance, a common law spouse may be referred to as a de facto wife or de facto husband: although not legally married, they live and carry on their lives as if married. A de facto government is one which has seized power by force or in any other unconstitutional method and governs in spite of the existence of a de jure (which see) government.

Latin: "of the law." The term has come to describe a total adherence of the law. For example, a de jure government is one which has been created in respect of constitutional law. It will be in all ways legitimate even though a de facto government may be in control.

Latin: "the law does not concern itself with trifles". A common law principle whereby judges will not sit in judgment of extremely minor transgressions of the law.

Anew. A trial de novo is a completely new trial held in a higher or appellate court as if the original trial had never taken place.

Benefits paid to surviving dependents when a work injury results in death. Defendant: The party, usually an employer or its insurance company, opposing you in a dispute over benefits.

Also known as capital punishment. The most severe form of corporal punishment. Forms of the death penalty include hanging, lethal injection, gassing, firing squad and has included use of the guillotine.

One who owes money, goods or services to another, the latter being referred to as the creditor.

The act of beheading a person, usually instantly such as with a large and heavy knife or by guillotine, as a form of capital punishment. This form of capital punishment is still in use in some Arab countries, notably Saudi Arabia.

A deceased person.

The judgment reached or given by a court of law.

Judicial adjudication of the rights of the parties in a lawsuit made to clarify the parties´ legal positions.

Decision or order of the court. A final decree completes the suit; an interlocutory decree is a provisional or preliminary decree which is not final.

The name given to the final and conclusive court order after the condition of a decree nisi (which see) is met.

A provisional decision of a court not having force or effect until a certain condition is met, such as another petition being brought before the court, or after the passage of a period time. Although no longer required in many jurisdictions, this was the model for divorce procedures wherein a court would issue a decree nisi, which would have no force or effect until a period of time passed (30 days or 6 months). When the conditions are met, the decision becomes a decree absolute (which see).

The amount an insured person must pay before the insurance company pays the remainder of each covered loss, up to the policy limits.

A written and signed document setting out the actions that must be carried out or recognitions of the parties towards a certain object. Under older common law, a deed had to be sealed; that is, accompanied not only by a signature but with an impression on wax onto the document. The word deed is also most commonly used in the context of real estate because these transactions must usually be signed and in writing.

To accept a document or an event as conclusive of a certain status in the absence of evidence or facts which would normally be required to prove that status. For example, in matters of child support, a decision of a foreign court could be "deemed" to be a decision of the court of another for the purpose of enforcement.

1. Defaulting on a debt or other obligation by one who has to account for public or trust funds. Usually used in the context of public officials. 2. Defalcation has another legal meaning, referring to the setting-off of two debts owed between two people by the agreement to a new amount representing the balance. For instance, A owes $10 to B and B owes A $3; they agree to "defalk" , resulting in A now owing $7 to B. The two previous debt instruments are canceled and replaced by the new one. See also "novation".

That which tends to injure a persons reputation. Libel is published defamation, whereas slander is spoken.

Failure of either party to file required documents or appear in a civil case within a certain period of time.

A judgment entered against a party who fails to appear in court or respond to the charges.

A side-contract containing a condition which, if realized, could defeat the main contract. The common English usage of the word "defeasance" has also become acceptable in law, referring to a contract that is susceptible to being declared void as in "immoral contracts are susceptible to defeasance."

The person or party sued in a civil case or accused in a criminal case.

The attorney who represents the defendant.

French for outside. In the context of legal proceedings, it refers to that which is irrelevant or outside the scope of the debate.

A letter sent to you by the insurance company explaining why payments are delayed.

Social Security benefits are increased (by a certain percentage depending on a person´s date of birth) if retirement is delayed beyond full retirement age. Increases based on delaying retirement no longer apply when people reach age 70, even if they continue to delay taking benefits.

One of the pivotal principles of administrative law: that a delegate cannot delegate. In other words, a person to whom an authority or decision-making power has been delegated to from a higher source, cannot, in turn, delegate it again to another, unless the original delegation explicitly so authorizes.

A letter from a lawyer, on behalf of a client, that demands payment or some other action, which is in default. A demand letter sets out why the payment or action is claimed, how it should be carried out (e.g. payment in full), instructions for replying, and a deadline for the reply. Demand letters are not always prerequisites for a legal suit but there are exceptions, such as legal action on promissory notes or if the contract requires it. They are often used in business contexts as a courtesy attempt to maintain some goodwill between business parties. They often prompt payment, avoiding expensive litigation since a demand letter often contains the "threat" that if it is not responded to, the next communication between the parties will be through a court of law in the form of formal legal action.

A coined word created by diplomats, referring to a strongly worded warning by one country to another and often, either explicitly or implicitly, with the threat of military consequence. Demarches are often precursors to hostilities or war.

Defendant´s claim that even if the allegations in a complaint are true, they are not sufficient to impose any liability on the defendant.

A claim in which the insurance company does not believe that your injury or illness was work related and therefore denies your claim. Disability: A physical or mental impairment that limits everyday activities.

The person who testifies at a deposition.

To remove a foreign national to his home country or another country, under immigration laws. Such removal is usually based on reasons such as illegal entry or conduct dangerous to the public welfare. Grounds for deportation vary from country to country.

Testimony of a witness taken under oath, but not in a courtroom. May be used to discover evidence prior to trial or to preserve testimony for use in court at a later time.

Diethylstilbestrol (DES) used to be prescribed to pregnant women believed to need more estrogen to maintain their pregnancies. Some of the daughters of these women, who were exposed in the womb to DES, developed a rare form of vaginal cancer.

One who is born of, or from children of, another is called that person's descendant. Grandchildren are descendants of their grandfather, as children are descendants of their natural parents. The law also distinguishes between collateral descendants and lineal descendants (which see).

State laws that provide for the distribution of estate property of a person who dies without a will. Same as intestacy laws.

A common law action involving the possession of property by the defendant but belonging to the plaintiff, asking the court for the return of the property. The plaintiff may also ask for damages for the duration of the possession. See also "conversion".

Latin for "he has wasted." A technical term referring to a personal representative who has mismanaged an estate and allowed an avoidable loss to occur. This action opens the personal representative to personal liability for the loss.

The transfer or conveyance of real property by will.

Plural of ´obiter dictum.´ A remark made by a judge in a legal opinion that is irrelevant to the decision and does not establish a precedent.

Latin: an observation by a judge on a matter not specifically before the court or not necessary in determining the issue before the court; a side opinion which does not form part of the judgment for the purposes of stare decisis. May also be called "obiter dictum."

An official representative of a government, present in another country for the purposes of general representation of the state-of-origin or for the purpose of specific international negotiations on behalf of the diplomat's state-of-origin.

The standard way to receive Social Security benefits.

Generally, eyewitness evidence. Compare with circumstantial evidence.

Questioning of a witness by the party who calls the witness.

A judgment entered by the judge without allowing the jury to participate.

In the legal sense, lack of legal capacity to perform some act. Used in a physical sense in connection with workers´ compensation acts and is a composite of (a) actual incapacity to perform employment tasks and the wage loss resulting therefrom and (b) physical bodily impairment which may or may not be incapacitating.

These benefits are received if you: are under FRA (full retirement age), have enough Social Security credits, and have a severe medical impairment that prevents you from doing substantial work for more than a year, or are expected to die from the impairment.

One of three components in the Social Security program. You become eligible for disability benefits when you cannot do the work you did before becoming disabled and the work you did, cannot be adjusted to accommodate your disability. The number of work credits you need to qualify for benefits depends on your age at the time you become disabled.

A process to prevent disability from occurring or to intervene early and encourage and support continued employment. Disability rating: See permanent disability rating.

Form of discipline of a lawyer resulting in the loss (often permanently) of that lawyer´s right to practice law. It differs from censure (an official reprimand or condemnation) and from suspension (a temporary loss of the right to practice law).

A hearing or professional review conducted by any state or federal administrative agency, licensing or regulatory authority responsible for regulating professional conduct.

To refuse a gift made in a will.

A pretrial proceeding where a party to an action may be informed about (or ´discover´) the facts known by other parties or witnesses.

A trust in which the settlor has given the trustee full discretion to decide which (and when) members of a group of beneficiaries are to receive either the income or the capital of the trust.

A petition filed if your employer has fired or discriminated against you for filing a workers´ compensation claim.

A technical term in workers´ compensation cases for a serious and permanent scar to the head, neck, or face.

Loss of sight means total loss of sight which cannot be restored by surgical or other means; loss of hand means that a hand is permanently severed at or above the wrist; and loss of foot means that a foot is permanently severed at or above the ankle.

The termination of a lawsuit. A dismissal without prejudice allows a lawsuit to be brought before the court again at a later time. In contrast, a dismissal with prejudice prevents the lawsuit from being brought before a court in the future.

Final judgment against the plaintiff which prohibits bringing an action on the same cause of action in the future. In contrast, ´dismissal without prejudice´ allows the plaintiff to sue again for the same cause of action.

An order to dismiss a case in which the court preserves the plaintiff´s right to sue again on the same cause of action.

Determination of a charge; termination of any legal action.

A disagreement about your right to payments, services or other benefits.

A term of maritime law meaning an officer or other seaman is either demoted in rank or deprived of a promotion.

To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.

The act of ending, terminating or winding-up a company or state of affairs. For example, when the life of a company is ended by normal legal means, it is said to be "dissolved". The same is said of marriage or partnerships which, by dissolution, end the legal relationship between those persons formally joined by the marriage or partnership.

The right of a landlord to seize the property of a tenant in the premises rented by the tenant, as collateral. This collateral is against a tenant who has not paid the rent or has otherwise defaulted on the lease, such as wanton disrepair or destruction of the premises. A common way to "distrain" against a tenant is by changing locks and giving notice to the tenant. A legal action to reclaim goods that have been distrained is called replevin (which see).

The process of removing some minor criminal, traffic, or juvenile cases from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages.

A proportionate distribution of profits made in the form of a money payment to shareholders, by a for-profit corporation. Dividends are declared by a company's board of directors.

The final, legal ending of a marriage, by court order.

Abbreviation for deoxyribonucleic acid which is a chromosome molecule carrying genetic coding unique to each person with the only exception being identical twins. That is why it is also called "DNA fingerprinting". Through a laboratory process, DNA can be extracted from body tissue such a strand of hair, semen, or blood and be matched against DNA discovered at a crime scene or on a victim. This evidence may be used to scientifically implicate an accused. It can also be used to match DNA between parents in a paternity suit.

A list of cases to be heard by a court or a log containing brief entries of court proceedings.

A rule or principle of the law established through the repeated application of legal precedents.

Imposes a duty on victims of a tort to take reasonable steps to minimize their damages after an injury has been inflicted.

Forms often requested and submitted by individuals who are applying for benefits. Documents usually include: birth certificates, marriage certificates, W2 forms, tax returns, and deeds. Normally only originals or certified copies are accepted.

The place where a person has his or her permanent legal home. A person may have several residences, but only one domicile.

Used when referring to easements to specify that property (i.e. tenement) or piece of land that benefits from, or has the advantage of, an easement.

Latin: the qualified ownership of a landlord, not having possession or use of property but retaining ownership. Used in feudal English land systems to describe the King's ownership of all the land, even though most of it was lent out to lords for their exclusive use and enjoyment.

Latin: the property rights of a tenant. While not owning the property in a legal sense, the tenant, as having "dominion utile", enjoys full and exclusive possession and use of the property while he is tenant.

A death-bed gift, made by a dying person, with the intent that the person receiving the gift shall keep the thing if death ensues. Such a gift is exempted from the estate of the deceased as property is automatically conveyed upon death. In most jurisdictions, real property cannot be transferred by these death-bed gifts.

Another word describing the beneficiary of a trust. Also used to describe the person who is the recipient of a power of attorney; the person who would have to exercise the power of attorney.

The person donating property for the benefit of another, usually through the legal mechanism of a trust. Some countries refer to the trust donor as a "settlor." Also used to describe the person who signs a power of attorney.

Putting a person on trial more than once for the same crime. It is forbidden by the Fifth Amendment to the U.S. Constitution.

A drinking establishment where alcoholic beverages are served to be drunk on the premises.

In Pennsylvania, this statute imposes liability on drinking establishments, like bars and restaurants, for harm resulting from the establishment´s service of alcohol to visibly intoxicated persons.

Latin: bring with you. Used most frequently for a species of subpoena (as in "subpoena duces tecum") which seeks not so much the appearance of a person before a court of law, but the surrender of a thing (e.g. a document or some other evidence) by its holder, to the court, to serve as evidence in a trial.

Constitutional guarantee that an accused person receive a fair and impartial trial.

The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice, assistance of counsel. and the rights to remain silent, to a speedy and public trial, to an impartial jury, and to confront and secure witnesses.

Latin: for so long as she remains chaste. Separation agreements years ago used to contain dum casta clauses which said that if the woman were to start another relationship, she forfeited her entitlement to maintenance.

Latin: for so long as she remains unmarried.

Latin: for so long as she remains a widow.

A house having separate but complete facilities to accommodate two families, either as adjacent units or one on top of the other.

A brand of non-steroidal anti-inflammatory drugs (NSAID), Duract was recalled after rare cases of sever hepatitis and liver failure were reported in people who took the drug longer than directed.

Threats or force of another preventing a person from acting (or not acting) according to their free will is said to be placing that person "under duress". Contracts signed under duress are voidable. In many places, conviction of a crime is prevented if one can prove that he was forced or threatened into committing the crime (although this defense may not be available for serious crimes).

In negligence cases, a ´duty´ is an obligation to conform to a particular standard of care. A failure to so conform places the actor at risk of being liable to another to whom a duty is owed for an injury sustained by the other of which the actor´s conduct is a legal cause. See reasonable man doctrine.

A speech disorder that often affects people with cerebral palsy, caused by a weakness in the muscles that produce speech. In mild cases, there may only be a slight slurring of speech; in more severe cases, the person may depend upon a voice output system to speak.