Glossary of Personal Injury Law Terms
There are 1274 entries in this glossary.| Term | Definition |
|---|---|
| Wage cap |
The maximum amount of a worker?s earnings that are subject to the Social Security payroll tax. The amount taxed increases annually with wages. |
| Wage Earner |
A person who earns Social Security credits while working for wages or self-employment income. |
| Wages |
All payment for services performed for an employer. The cash value of all compensation paid to an employee in any form other than cash is also considered wages (unless the form of payment is specifically not covered under the Social Security Act). |
| Wagner Act |
A 1935 American federal statute which recognized employee rights to collective bargaining, protected the right to belong to a union, prohibited many anti-union tactics then used by employers, and set up the National Labor Relations Board. The NLRB was given wide enforcement powers. It was later amended by the Taft-Hartley Act in 1947. |
| Waiver |
Knowing and voluntary relinquishment of a right. Compare with release. |
| Waiver of Immunity |
A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings. |
| Warrant |
Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based. |
| Warranty |
A guarantee given on the performance of a product or the doing of a certain thing. Many consumer products come with a warranty under which the manufacturer will repair or replace any product that fails during the warranty period; the commitment to repair or replace being the "warranty". |
| Waste |
The abuse, destruction or permanent change to property by one who is merely in possession of it, as in the case of a tenant or a life tenant. |
| Wedlock |
Being married. Has the same meaning as "matrimony." Used mostly to refer to illegitimate children as "born out of wedlock." |
| Widow |
If you and the person who died were legally married at the time of death, then you are considered that person?s widow/widower. |
| Will |
A legal declaration that disposes of a person´s property when that person dies. |
| Willful act |
An intentional act carried out without justifiable cause. |
| Willful Negligence |
Intentional performance of an unreasonable act in disregard of a known risk, making it highly probable that harm will be caused. Willful negligence usually involves a conscious indifference to the consequences. There is no clear distinction between willful negligence and gross negligence. |
| Wire-tapping |
An electronic surveillance device which secretly records conversations held over a phone line. It is usually only allowed with the permission of a judge and if it can be shown to be necessary for the solving of a serious crime. |
| With Prejudice |
Applied to orders of judgment dismissing a case, meaning that the plaintiff is forever barred from bringing a lawsuit on the same claim or cause. |
| Withdrawal |
Discontinuation of the use of an addictive substance, which may be accompanied by symptoms such as nausea, vomiting, bone pain, hot or cold flashes, shaking, irritability, etc. |
| Without Prejudice |
A claim or cause dismissed without prejudice may be the subject of a new lawsuit. |
| Witness |
A person who testifies to what he or she has seen, heard. or otherwise experienced. Also, a person who observes the signing of a will and is competent to testify that it is the will-maker´s intended last will and testament. |
| Words of limitation |
Words in a conveyance or in a will which set the duration of an estate. If a will said "to Bob and his heirs", the words "and his heirs" are words of limitation because they indicate that Bob gets the land in fee simple and his heirs get no interest. |
| Words of purchase |
Words which specifically name the person to whom land is being conveyed. The property is conveyed to someone specifically and by name in a legal act such as a conveyance or will. This would preclude, for example, transfer as a result of intestacy. |
| Work restrictions |
A doctor´s description of the work you can and cannot do. |
| Workers´ Compensation |
Insurance required of almost all employers to help cover their employees´ economic loss due to a job-related injury or illness. |
| Writ |
Broadly, a court order requiring the performance of some act or giving authority to have the act done. |
| Writ of Certiorari |
An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal. |
| Wrongful Death |
A death that occurs because of someone else´s malice, negligence, or recklessness. |
| Wrongful Death Action |
An action brought to recover damages for the death of a person caused by a wrongful act or neglect or unlawful violence or negligence of another; provided that no recovery for the same damages claimed in the wrongful death action was obtained by the deceased during his lifetime. In Pennsylvania, the action may be brought by the decedent´s spouse, children, or parents. If the decedent has no spouse, children or parents, the action may be brought by a personal representative in order to recover damages for hospital, nursing, medical, funeral and estate administration costs. |
| Wrongful Death Statute |
Statutory law that provides the means for the representative of a decedent to bring suit alleging that the decedent´s death was caused by someone´s willful or negligent act and to seek compensation for monetary loss suffered because of the decedent´s death. |
| Wrongful dismissal |
Being fired from a job without an adequate reason or without any reason whatsoever. Employees do not have a right to a job for life and can be dismissed for economic or performance reasons but they cannot be dismissed capriciously. Most employment implies an employment contract, which may be supplemented by labor legislation, and either could provide for certain procedures to be followed for dismissal. Failing to follow these procedures may create a situation in which any firing is wrongful dismissal and for which the employee could ask a court for damages against the employer. Can also be referred to as "dismissal without just cause." Not all states recognize this tort law action. |




