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Glossary of Personal Injury Law Terms

There are 1274 entries in this glossary.
All A B C D E F G H I J K L M N O P Q R S T U V W Y Z
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Term Definition
Par value shares

Shares issued by a company which have a minimum price. Contrast with shares which are without par value or "non par value shares" which may be sold at whatever price the company's board of directors decides.

Paralegal

A person who is neither a lawyer nor is not acting in that capacity but who provides a limited number of legal services. Each state differs in the authority it gives paralegals in exercising what traditionally would be lawyers' work.

Pardon

A form of executive clemency preventing criminal prosecution or removing or extinguishing a criminal conviction.

Parens Patriae

The doctrine under which the court protects the interests of a juvenile.

Pari delicto

Latin for "of equal fault." If two parties complain to a judge of the non-performance of a contract by the other, and the judge finds that they were equally at fault in causing the contract's breach, the judge could refuse to provide a remedy to either of them because of "pari delicto".

Pari passu

Latin: Equitably and without preference. A term often used in bankruptcy proceedings where creditors are said to be "pari passu" meaning that they are all equal and that distribution of the assets will occur without preference between them.

Parole

The supervised conditional release of a prisoner before the expiration of his or her sentence. If the parolee observes the conditions, he or she need not serve the rest of his or her term.

Parricide

Killing one's father or another family member or close relative.

Partial Disability

In a workers´ compensation case, this refers to any disability that is less than total. Workers´ compensation benefits are generally measured by earning power in this situation.

Parties

Persons, corporations, or associations, who have commenced a law suit or who are defendants.

Partnership

A business organization of two or more persons carrying out business together. Each partner is fully liable for all the debts of the enterprise but they also share the profits exclusively. Many states have laws regulating partnerships and may, for example, require some form of registration and allow partnership agreements. One of the basic advantages of partnerships is that they tend to allow business losses to be deducted from personal income for tax purposes (see also limited partner).

Party

A person, business, or government agency actively involved in the prosecution or defense of a legal proceeding.

Patent

A government grant giving an inventor the exclusive right to make or sell his or her invention for a term of years.

Paternity

Being a father. "Paternity suits" are launched when a man denies being the father of a child born out of wedlock. The new technology of DNA testing can establish paternity, thus obliging the father to provide child support.

Payee

The person to whom payment is addressed or given. In family law, the term usually refers to the person who receives or to whom support or maintenance is owed. In commercial law, the term refers to the person to whom a bill of exchange is made payable. On a regular check, the space after the words "pay to the order of" identifies the payee.

Payor

The person who is making the payment(s). Again, in the context of family law, the word would typically refer to the person who is paying support or maintenance. In commercial law, the word refers to the person who makes the payment on a check or bill of exchange.

Pedophile

One who suffers from a sexual perversion, pedophilia, in which children are preferred as sexual partners.

Pen register

An electronic surveillance device which attaches to a phone line and which registers every number dialed from a specific telephone. This surveillance device is not as effective as wire-tapping.

Penalty

An amount of money you receive because something wasn´t done correctly in your claim.

Pendente lite

Latin: during litigation. For example, if the validity of a will is challenged, a court might appoint an administrator pendente lite with limited powers to do such things as may be necessary to preserve the assets of the deceased until a hearing can be convened on the validity of the will. Another example is an injunction pendente lite, to last only during the litigation and, again, designed simply to preserve something until the decisive court order is issued.

Pension

A regular payment, which a worker receives after retirement. The conditions of the pension are set before the worker retires, in accordance with the worker?s retirement plan. A pension is usually a guaranteed benefit that is not usually portable.

Percocet

A prescription pain reliever containing oxycodone and acetaminophen. Classified in the same category as Oxycontin, Percocet contains no more than 5mg of oxycodone.

Percolating water

Water which seeps or filters through the ground without any definite channel and is not part of the flow of any waterway. The best example is rain water.

Peremptory Challenge

A challenge that may be used to reject a certain number of prospective jurors without giving a reason.

Peritoneal Mesothelioma

A type of cancer found in people who have been exposed to asbestos. Peritoneal mesothelioma occurs in the peritoneum, a sac lining the abdomen, and has no known cure.

Perjury

Making intentionally false statements under oath. Perjury is a criminal offense.

Permanent and stationary (P&S)

Your medical condition has reached maximum medical improvement. Once you are P&S, a doctor can assess how much, if any, permanent disability resulted from your work injury.

Permanent disability

Any lasting disability that results in a reduced earning capacity after maximum medical improvement is reached.

Permanent disability advance

A voluntary lump sum payment of permanent disability you are entitled to in the future.

Permanent disability benefits

Payments you receive when your work injury permanently limits the kinds of work you can do or your ability to earn a living.

Permanent disability payments

A mandatory bi-weekly payment based on the portion of permanent disability received before and/or after an award is issued.

Permanent disability rating

A percentage that estimates how much a job injury permanently limits the kinds of work you can do. It is based on your medical condition, date of injury, age when injured, occupation when injured, how much of the disability is caused by your job, and your diminished future earning capacity. It determines the number of weeks you are entitled to permanent disability benefits.

Permanent Injunction

A court order requiring that some action be taken, or that some party refrain from taking action. It differs from forms of temporary relief, such as a temporary restraining order or preliminary injunction.

Permanent partial disability benefits

Payments you receive when your work injury partially limits the kinds of work you can do or your ability to earn a living.

Permanent total disability benefits

Payments you receive when you are considered permanently unable to earn a living.

Perpetuating testimony

Testimony or evidence taken when it is feared that the person with that evidence may soon die or disappear and that this person's evidence, if recorded, could then be used in the future to prevent a possible injustice or to support a future claim of property.

Perpetuity

Forever; of unlimited duration. Rights that are to last forever are said to hinder commerce as an impediment to the circulation of property. There is a strong bias in the law against things that are to last in perpetuity.

Person

Generally, a human being. Legally, a ´person´ may statutorily include a corporation, partnership, trustee, legal representative, etc.

Person in Need of Supervision

Juvenile found to have committed a status offense rather than a crime that would provide a basis for a finding of delinquency. Typical status offenses are habitual truancy. violating a curfew, or running away from home. These are not crimes, but they might be enough to place a child under supervision. In different states, status offenders might be called children in need of supervision or minors in need of supervision.

Personal Auto Policy

The most common auto insurance policy sold today. Often referred to as ´PAP,´ this policy provides coverage for liability, medical payments, uninsured/under insured motorist coverage, and physical damage protection.

Personal Injury Protection

Personal Injury Protection (PIP) usually includes benefits for medical expenses, loss of income from work, essential services, accidental death, funeral expenses, and survivor benefits.

Personal Jurisdiction

The power of a court over a person. Compare with subject matter jurisdiction.

Personal Property

Tangible physical property (such as cars, clothing, furniture, and jewelry) and intangible personal property. This does not include real property such as land or rights in land.

Personal Recognizance

In criminal proceedings, the pretrial release of a defendant without bail upon his or her promise to return to court. See also own recognizance.

Personal Representative

One who stands in the place of another..

Petition

Written application to a court requesting a remedy available under law.

Petition for reconsideration

A legal process to appeal a decision issued by a judge.

Petition for review

A document filed in the state Supreme Court asking for a review of a decision made by the Court of Appeals.

Petition to Terminate, Modify or Suspend

In a workers´ compensation case, this is the petition filed by the employer/insurance carrier in an attempt to modify, suspend or terminate an injured employee´s compensation.

Petitioner

The person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court. The opposing party is called the respondent.

Pettifogger

A petty or underhanded lawyer; an attorney who sustains a professional livelihood on disreputable or dishonorable business. The word has also taken on a common usage definition referring to anyone prone to quibbling over details.

Petty offense

A minor crime for which the punishment is usually just a small fine or short term of imprisonment. See also misdemeanor and felony.

Physical custody

A child custody decision granting the right to organize and administer the day to day residential care of a child. This is usually combined with legal custody.

Physical Damage

Damage to your covered vehicle from perils including (but not limited to) collision or upset with another vehicle object, fire, vandalism and theft.

Physical Dependence

A physiological need for a substance, the absence of which leads to withdrawal. Physical dependence is distinguishable from addiction in that addiction also involves mental fixation.

Physical therapy

Therapy designed to improve mobility and keep muscles stretched.

Picket

To object publicly, on or adjacent to the employer's premises, to an employer's labor practices, goods or services. The most common form of picketing is patrolling with signs.

Plaintiff

The party who begins an action; the party who complains or sues in an action and is named as such in the court´s records. Also called a petitioner.

Plea

In a criminal proceeding, it is the defendant´s declaration in open court that he or she is guilty or not guilty. The defendant´s answer to the charges made in the indictment or information.

Plea bargaining

Negotiations during a criminal trial between an accused person and a prosecutor. The accused agrees to admit to a crime (sometimes a lesser crime than the one set out in the original charge), thus avoiding the expense of a public trial, in exchange for which the prosecutor agrees to ask for a sentence more lenient than would have been recommended if the case had proceeded to full trial. Judges are not bound by plea bargains, although, as past lawyers themselves, they are generally aware of plea bargains and a reasonable recommendation of a prosecutor on sentencing is always heavily considered.

Plea Bargaining or Plea Negotiating

The process through which an accused person and a prosecutor negotiate a mutually satisfactory disposition of a case. Usually it is a legal transaction in which a defendant pleads guilty in exchange for some form of leniency. It often involves a guilty plea to lesser charges or a guilty plea to some of the charges if other charges are dropped. Such bargains are not binding on the court.

Plead

In civil law, a defendant´s formal answer to a plaintiff´s complaint.

Pleadings

Written documents stating the allegations and claims of the opposing parties in a legal dispute.

Pleural mesothelioma

A type of cancer found in people who have been exposed to asbestos. Occurs in the pleura, a sac lining the lungs, and has no known cure.

Poach

To kill or take an animal or fish from the property of another without permission. Hunting with permission on another's land is not poaching.

Policy

The written documents of a contract for insurance between the insurance company and the insured. Such documents include forms, endorsements, riders and attachments.

Polling the Jury

The act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict.

Polygamy

Being married to more than one person at the same time. Illegal in most countries.

Polygraph

A lie-detector machine. It works by recording variations in blood pressure, body temperature and respiration of a subject as he answers questions.

Portable

A benefit that goes with you if you change employers. Most employer-sponsored pension plans are not portable. Social Security is the only guaranteed benefit that is portable.

Possessor of Land

A person who occupies land and intends to control it. Most often, it is the owner of the property.

Postal rule

A rule of contract law making an exception to the general rule that an acceptance is only created when communicated directly to the offeror. When the acceptor places the acceptance in the mail box for return mail the acceptance is binding and the contract is said to be perfected even if, in fact, it never reaches the offeror.

Pour-Over Will

A will that leaves some or all estate assets to a trust established before the will-maker´s death.

Power of Attorney

Written document authorizing one person to take certain legal actions on behalf of the person giving the power of attorney..

PPA

Short for Phenylpropanolamine, a drug which was used in many over-the-counter cold medicines and weight loss drugs. The FDA issued a recall of PPA after a study linked it to a higher risk of hemhorragic stroke.

Pre-designated physician

A physician that can treat your work injury if you advised your employer in writing, before the injury occurred. You can pre-designate your personal doctor or a doctor of osteopathy (D.O.).

Pre-Injunction

Court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction. It differs from a temporary restraining order.

Pre-Sentence Report

A report to the sentencing judge containing background information about the crime and the defendant to assist the judge in making his or her sentencing decision.

Pre-Trial Conference

A meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit, agree on what will be presented at the trial, and make a final effort to settle the case without a trial.

Precatory words

Words that express a wish or a desire rather than a clear command. They are often found in trusts or wills and cause great difficulties when courts try to find the real intention of the settlor or testator.

Precedent

Decision by a court that provides an example or authority for later cases involving a similar question of law. See binding authority.

Preferred shares

A share in a company having a special right or privilege attached to it, distinguishing it from the company's common shares. Most commonly that special right is a preference over holders of common shares when dividends are declared. Another possible right is for the preferred shares to be redeemable at the option of either the holder or the company. Still another might be to disallow voting rights to preferred shareholders. Depending on the laws in each state, there may be no limit to the qualifications a company can attach to preferred shares.

Preliminary Hearing

Another term for arraignment.

Prempro

A type of hormone replacement therapy that combines estrogen and progestin. A study that sought to determine the effectiveness of long-term Prempro? use was halted when researchers discovered that it led to an increased risk of breast cancer, stroke, and blood clots.

Preponderance

A word describing the strength or weight of evidence such that it persuades a judge or jury to lean toward one side as opposed to the other during the course of litigation. In many states, criminal trials require evidence beyond a reasonable doubt, but civil trials require only a preponderance of the evidence. The judge or jury will perceive the evidence of one side as outweighing the other based on which side has the most persuasive or impressive evidence. The strength or "weight" of evidence is not decided by the sheer number of witnesses but by their credibility, and their testimony is given weight accordingly. The side with the preponderance of evidence wins the case.

Preponderance of the Evidence

The amount of evidence needed for a plaintiff to win in a civil action. A preponderance of the evidence is the greater weight of the evidence or the more convincing evidence in comparison to the evidence offered in opposition. A plaintiff can win by a preponderance of the evidence even if plaintiff´s evidence merely tips the scales in plaintiff´s favor.

Prescription

A method of acquiring rights through the silence of the legal owner and known in common law jurisdiction as "statute of limitations." When used in a real property context, the term refers to the acquisition of property rights, such as an easement, by long and continued use or enjoyment. The required duration of continued use or enjoyment, before legal rights are enforceable, is usually written into a state's law known as "statute of limitations."

Prescription Error

A form of medical malpractice that occurs when a patient does not receive the appropriate medication, at the right dose, at the right time. A Florida prescription error can often cause harm to a patient, and in some circumstances, can even lead to death. A Florida prescription error is considered medical malpractice when a medical professional´s negligence or mistake led to patient harm.

Presentment

Declaration or document issued by a grand jury that either makes a neutral report or notes misdeeds by officials charged with specified public duties. It ordinarily does not include a formal charge of crime. A presentment differs from an indictment.

Presiding judge

Chief or administrative judge of a court.

Presumption of advancement

A presumption in trust, contract and family law which suggests that property transferred from a parent to a child, or spouse to spouse, is a gift and would defeat any presumption of a resulting trust.

Presumptively Capable of Negligence

Pennsylvania law places minors in three categories based on age. Minors under 7 are conclusively presumed incapable of negligence. Simply put, under the law, they cannot commit torts. Minors between 7 and 14 are presumed incapable of negligence, but the presumption is rebuttable or disputable, and the presumption grows weaker as the child nears his or her 14th birthday. Minors over 14 are presumptively capable of negligence. Simply put, under the law they are presumed as being able to commit torts. The burden is on the minor to prove incapacity.

Pretermitted Child

A child borne after a will is executed, who is not provided for by the will. Most states have laws that provide for a share of estate property to go to such children.

Prevailing Party

Generally, the winning party in a lawsuit.

Prima Facie

Literally means ´at first sight´ or ´on the face of it.´ ´Prima facie evidence´ is evidence that is good and sufficient on its face. A plaintiff makes out a ´prima facie case´ when he or she presents ´prima facie evidence,´ which means that the plaintiff is permitted to prevail on that evidence alone, unless the defendant can put forth sufficient evidence to overcome it.

Prima Facie Case

A case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial process.

Prima facie(Latin)

A Latin term which means "on the face of it" or "at first sight". Law-makers will often use this as a device to establish that if a certain set of facts are proven, then another fact is established "prima facie". For example, proof that a letter was mailed is prima facie proof that it was received by the person to whom it was addressed, and such prima facie evidence will be accepted as such by a court unless proven otherwise.

Primary Care Physician (PCP)

A physician that is employed by or contracts with a managed health care system like an HMO that coordinates all of the member´s medical care. A PCP is usually afamily practitioner . PCP´s are also known as ´gatekeepers´ because they control a member´s access to medical care within a health plan.

Principal

An agent's master; the person from whom an agent has received instruction and to whose benefit the agent is expected to perform and make decisions.

Private law

Law which regulates the relationships between individuals. Examples include family, commercial and labor law because the focus of these kinds of law is the relationships between individuals, or between corporations or organizations and individual, with the government as a bystander. They are the counterpart to public law.

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