Glossary of Personal Injury Law Terms
There are 1274 entries in this glossary.| Term | Definition |
|---|---|
| Fact Question |
Issues in a trial or hearing concerning facts and how they occurred, as opposed to questions of law. Fact questions are for the jury to decide, unless the issues are presented in a non-jury or bench trial, in which case the judge would decide fact questions. Questions of law are decided by a judge. Findings of fact are generally non-appealable, while rulings on questions of law are subject to appeal. |
| Fact-finding hearing |
A proceeding where facts relevant to deciding a controversy are determined. |
| Failure to diagnose |
A form of medical malpractice committed on behalf of a medical doctor. Florida failure to diagnose has the potential to cause serious damage and even death to patients who do not receive prompt and adequate medical care as needed because of medical malpractice. |
| Fair market value |
A hypothetical number representing the most probable price that would be paid for a property by average, informed purchasers. |
| Fair Preponderance |
Evidence sufficient to create in the minds of the triers of fact the belief that the party which bears the burden of proof has established its case. |
| Family Allowance |
A small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during the administration of the estate. |
| Family and Medical Leave Act (FMLA) |
A federal law that provides certain employees with serious health problems or those who need to care for a child or other family member with up to 12 weeks of unpaid, job-protected leave per year. It also requires that group health benefits be maintained |
| Family Benefits |
The following people may be eligible to receive benefits on your record: Spouse if aged 62 or older (unless caring for an entitled child under the age of 16); children, if unmarried and under the age of 18 (or under 19 and still in school); disabled children over the age of 18; and an ex-spouse in some circumstances. |
| Family Maximum |
The maximum amount of benefits payable to an entire family on any one worker´s record. |
| Family Practitioner |
A physician who has a general health care practice and no specialization. |
| Federal Insurance Contributions Act (FIC |
The formal name of the funding mechanism for Social Security benefits. It is a payroll tax that is deducted from the worker?s paycheck and matched by the employer. |
| Fee simple |
A term referring to the ownership of property and meaning the most extensive tenure allowed under the feudal system, allowing the tenant to sell or convey by will or to transfer to an heir if the owner dies intestate. In modern law, almost all land is held in fee simple and this is as close as one can get to absolute ownership in common law. |
| Fee tai |
A form of tenure under the feudal system which allowed property to be transferred to a lineal descendant only. In default of lineal descendants upon the death of the tenant, the land reverted back to the lord. |
| Felony |
Crimes of a graver or more serious nature than misdemeanors. |
| Fen-Phen |
Short for fenfluramine phentermine, a drug combination used for weight loss purposes. Fen-Phen has been linked to heart valve disease in numerous cases, prompting the FDA to request that manufacturers recall the drug. |
| Feudal system |
The social structure existing throughout much of Europe between 800 and 1400 C.E., consisting of a multi-level hierarchy of lords (who held land granted under tenure from the king), and their tenants (also called "vassals").Tenants held land from the lord in exchange for loyalty and goods or services, such as military assistance, money, or goods in kind. In exchange, the tenant would be protected from attack. |
| Fiduciary |
A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the others benefit, e.g., a guardian, trustee, or executor. |
| Fieri facias |
A writ of fieri facias is executed after a judgment is entered against an individual to pay a debt. It commands a sheriff or other officer of the court to take property from the person who lost the law suit and sell enough to pay the debt owed by the judgment. |
| File |
To place a paper in the official custody of the clerk of court/court administrator to enter into the files or records of a case. |
| Filing |
Sending or delivering a document to an employer or a government agency as part of a legal process. The date of filing is the date the document is received. |
| Final Judgment |
The written ruling on a lawsuit by the judge who presided at trial. This completes the case unless it is appealed to a higher court. Also called a final decree or final decision. |
| Final order |
A decision or award made by a workers´ compensation judge. |
| Final Receipt |
In a workers´ compensation case, it´s the form presented by the insurance carrier for the injured employee´s signature so that benefits will stop upon return to work. |
| Finding |
Formal conclusion by a judge or regulatory agency on issues of fact. Also, a conclusion by a jury regarding a fact. |
| Findings & award |
A written decision by a judge about a case. This decision is final unless an appeal is filed. Fraud: Any knowingly false statement made for the purpose of obtaining workers´ compensation benefits. |
| Fine |
A sum of money imposed upon a convicted person as punishment for a criminal offense. |
| First Appearance |
The initial appearance of an arrested person before a judge to determine whether or not there is probable cause for his or her arrest. Generally the person comes before a judge within hours of the arrest. Also called initial appearance. |
| First Party Benefits |
In insurance law, first party benefits include medical benefits, income loss benefits, accidental death benefit, funeral benefit, and extraordinary medical benefits. In Pennsylvania, the only required coverage is $5,000 in medical benefits. |
| Force majeure |
French for an act of God (which see). An inevitable, unpredictable act of nature, not dependent on an act of man. Used in insurance contracts to refer to acts of nature such as earthquakes or lightning. |
| Foreclosure |
The technical meaning of the word is to wipe out a right of redemption on a property. A foreclosure generally takes place when payment on a mortgage is not made. Since a borrower retains an equitable right of redemption on property (meaning he can make all back payments and retain ownership) even though there have been no present payments, it is necessary to clear the title of this potential. To do this, a lender goes to court, demonstrates the default, and requests that a date be set where the entire amount becomes payable. After which, in the absence of payment, the lender is automatically relieved of the requirement to redeem the property back to the borrower; the debtor's right of redemption is said to be forever barred and foreclosed. This cancels all rights a borrower would have in the property and the property then belongs entirely to the lender, who is then free to possess or sell the property. The word is frequently used to refer generally to the lender's actions of repossessing and selling a property for default in mortgage payments. |
| Fracture |
A break or crack in a bone. |
| Fraud |
Intentional deception resulting in damage to another, whether to his or her person, rights, property or reputation. Fraud usually consists of a misrepresentation, concealment or non-disclosure of a material fact. Can also be misleading conduct, devices or contrivance. |
| Freehold |
A special right granting the full use of real estate for an indeterminate time. It differs from leasehold (which see), which allows possession for a limited time. There are varieties of freehold such as fee simple and fee tail. |
| Freeholder |
One who owns freehold property rights (i.e. in a piece of real estate; either land or a building). |
| Fugitive |
One who runs away to avoid arrest, prosecution or imprisonment. Many extradition laws also call the suspect a "fugitive" although, in that context, it does not necessarily mean that the suspect was trying to hide in the country from which extradition is being sought. |
| Full Retirement AgeL |
The age at which a person may first become entitled to unreduced retirement benefits. Beginning with year 2000 for workers and spouses born 1938 or later and widows/widowers born 1940 or later, the retirement age increases gradually from age 65 until it reaches age 67 in the year 2022. This increase affects the amount of the reduction for persons who begin receiving reduced benefits. |
| Full Tort Option |
In Pennsylvania, purchasers of motor vehicle insurance can choose ´full tort,´ which gives the insured the unrestricted right to seek money damages for all injuries sustained in an accident caused by another driver, including economic loss, pain and suffering and other non-monetary damages. Compare with limited tort option. |
| Functus officio |
Latin: an officer or agency whose mandate has expired either because of the arrival of an expiry date or because an agency has accomplished the purpose for which it was created. |
| Fungibles |
Goods comprised of many identical parts such as a bushel of grain or a barrel of apples or oil, which can be easily replaced by other, identical goods. Sale of items by weight or number is good evidence that they are fungible. |
| Furiosi nulla voluntas est |
A Latin expression meaning that mentally impaired persons cannot validly sign a will. |
| Future medical |
On-going right to medical treatment for a work-related injury. |




