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Glossary of Personal Injury Law Terms

There are 1274 entries in this glossary.
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Term Definition
Trust

A legal device used to manage real or personal property, established by one person (the grantor or settlor) for the benefit of another (the beneficiary). A third person (the trustee) or the grantor manages the trust.

Trust Agreement or Declaration

The legal document that sets up a living trust. Testamentary trusts are set up in a will.

Trust funds

Accounts run by the Treasury Department that take in payments to the Social Security system, pay benefits and administer the program.

Trustee

The person or institution that manages the property put in trust.

Trustee de son tort

A trustee "of his own wrong"; a person who is not a regularly appointed trustee but because of his or her intermeddling with the trust and the exercise of some control over the trust property, can be held by a court as "constructive" trustee which entails liability for losses to the trust.

Trustees

The board of four government officials and two citizen representatives that manages the Social Security Trust Funds.

UIFSA

Uniform Interstate Family Support Act, the successor of URESA (which see). The uniform child and spousal support legislation already adopted and implemented by most states and expected to be law throughout the USA soon. It is a long-arm statute, giving the state which issues the first support order jurisdiction over the support payor anywhere in the USA for the purposes of varying that order

Ultra vires

Literally, without authority. An act which is beyond the power or authority of the person or organization taking it.

Undue Influence

Abuse of position of trust or authority in order to induce a person to do or refrain from doing something to the advantage of the person exerting the influence.

Uninsured Motorist Coverage

In Pennsylvania, optional insurance that provides protection to purchaser of said coverage and relatives living in his household who suffer injury caused by the negligence of another driver who does not have insurance to pay for losses and damages. Uninsured motorist coverage can be stacked.

Unjust enrichment

A legal procedure which seeks reimbursement from one who benefits from another's action or property without legal justification. This is based on the legal theory of the constructive trust, which the court imposes upon the circumstances to hold the person unjustly enriched as trustee, and the person who should properly get the property back as beneficiary of the constructive trust. A court may not force reimbursement based on "unjust enrichment" unless these three conditions are met: defendant receives an actual enrichment or benefit; a corresponding deprivation is suffered by the plaintiff; and the absence of a legal reason for the defendant's enrichment

Unlawful Detainer

A detention of real estate without the consent of the owner or other person entitled to its possession.

Unsecured

In bankruptcy proceedings, for the purposes of filing a claim, a claim is unsecured if there is no collateral, or to the extent the value of collateral is less than the amount of the debt.

URESA

Uniform Reciprocal Enforcement of Support Act of the United States, as created in 1950 by the National Conference of Commissioners on Uniform State Laws. This was the first family support uniform legislation in the USA and it was ultimately adopted, in some form or another, by all the US states. It was updated in 1968 and the revised version became known as "RURESA", the initial "R" standing for "Revised." It has been replaced by UIFSA.

User

In products liability law, a person who uses goods.

Usufruct

From ancient Roman law (and now a part of many civil law systems), "usufruct" means the rights to the product of another's property. For example, a farmer may give a right of "usufruct" of his land to a neighbor, thus enabling that neighbor to sow and reap the harvest of that land.

Usury

Charging a higher interest rate or higher fees than the law allows.

Utilization review

The process used by insurance companies to decide whether to authorize and pay for treatment recommended by your treating physician or another doctor.

Vacate

To set aside or void an order or decision of a court.

Vehicle

Any thing designed to transport persons or objects, such as a car, bus, bicycle, etc.

Vendor

The seller; the person selling.

Venire

A writ summoning persons to court to act as jurors, Also refers to the people summoned for jury duty.

Venue

Broadly, the geographical area where a court has authority to hear a case because it has personal jurisdiction and subject matter jurisdiction. The venue is usually the same area where the incident leading to the trial occurred. A change of venue may occur if negative publicity or other factor would make it difficult to find unbiased jurors.

Verba fortius accipiuntur contra profere

Latin: a principle of construction whereby if words of a contract are ambiguous or of two equally possible meanings, they should be interpreted against the author of the words and not against the other party.

Verdict

The jury´s decision in a case. A general verdict is the jury´s finding either for the plaintiff or the defendant. A special verdict is a statement by the jury of facts it has found in response to questions submitted by the judge.

Viagra

Medicine intended to treat sexual impotence in men (erectile dysfunction). Patients taking VIAGRA have experienced heart attack, sudden death, irregular heart rhythm, stroke, chest pain, and increased blood pressure.

Vicarious Liability

The liability of one person for the torts of another.

Vicodin

A prescription pain reliever containing hydrocodone and acetaminophen. Classified in the same category as Oxycontin, Vicodin contains 5-10mg of hydrocodone.

Videlicet

Latin for "to wit" or "that is to say." "Viz." is the abbreviation of videlicet and is much more commonly used. It is often found in legal documents to advise that what follows provides more detail about a preceding general statement. Also spelled "vis".

Videx/ EC

A medication used to treat HIV. There have been reports linking VIDEX? EC with fatal lactic acidosis and pancreatitis.

Vioxx

A brand of medication used to relieve the signs and symptoms of osteoarthritis and rheumatoid arthritis in adults. Vioxx use can result in stomach bleeding and liver damage.

Vir

Latin: man or husband. Refers to "Vir et uxor censentur in lege una persona", an old legal principle meaning that man and wife are considered to be one person in law. This principle has been abandoned in many countries.

Vis

See Videlicet.

Vocational & return to work counselo

If you have a permanent disability, this is the person that will help you develop a strategy for returning to work. This person will evaluate you and provide necessary counseling.

Vocational rehabilitation

If you are permanently unable to do your usual job, and your employer does not offer other work, you may qualify for this benefit. It may include job placement counseling, retraining and a vocational rehabilitation maintenance allowance.

Void

Having no binding effect or legal force; null.

Void or void ab initio

Not legally binding. A document that is void is as if it did not exist. A contract for immoral purposes or to commit a serious crime such as murder would be void or unenforceable. This differs from voidable (which see).

Voidable

The law distinguishes between contracts which are void and those which are voidable. Voidable contracts are those that have minor defects to them and are voidable at the option of the party victimized by the defect. For example, contracts signed by a person when they are totally drunk are voidable by that person upon recovering sobriety.

Voir dire

To speak the truth. The process of preliminary examination of prospective jurors, by the court or attorneys, regarding their qualifications.

Volenti non fit injuria

Voluntary assumption of risk. This is used as a defense in tort when a person engages in an event, accepting and aware of the risks inherent in that event. This is a voluntary assumption of risk and they cannot later complain of, or seek compensation for, an injury suffered during the event. This is used most often to defend against tort actions as a result of a sports injury.

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.

Yellow-dog contract

An employment contract in which the employer forbids the employee to join a labor union. Yellow-dog contracts are not legally enforceable.

Young offender

Young persons who, in many states, are treated differently than adult criminals and are tried in special youth courts.

Your honor

The proper way to address a judge in court.

Zerit

A medication used to treat HIV. There have been reports linking Zerit with fatal lactic acidosis and pancreatitis.

Zoning

The laws dividing cities into different areas according to use, from single-family residences to industrial plants. Zoning ordinances control the size, location, and use of buildings within these different areas.

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