Carlson Bier Glossary is designed to be an essential resource for anyone looking to better understand the specialized terminology used in personal injury law. The field often involves complex legal language—terms like premises liability, negligence, modified comparative fault, and statute of limitations—which can leave clients unsure about the details of their own case.
The glossary these concepts in clear, straightforward language, covering key terms related to car accidents, medical malpractice, slip-and-fall incidents, birth injuries, and more. By making the vocabulary of personal injury law easier to grasp, readers can better understand their legal rights, communicate confidently with their lawyers, and follow each stage of the claims process.
Personal Injury: Legal term for an injury to the body, mind, or emotions, as opposed to an injury to property.
Plaintiff: The person who brings a case against another in a court of law; the injured party in a personal injury case.
Defendant: An individual, company, or institution sued or accused in a court of law.
Negligence: Failure to use reasonable care, resulting in damage or injury to another.
Liability: Being responsible by law; legally answerable.
Damages: Monetary compensation that is awarded by a court in a civil action to an individual who has been injured through the wrongful conduct of another party.
Compensatory Damages: Money awarded to compensate the injured party for actual losses or damages.
Punitive Damages: Damages exceeding simple compensation and awarded to punish the defendant.
Settlement: An agreement reached between the plaintiff and defendant to resolve the lawsuit before it goes to trial or before a verdict is rendered.
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty.
Tort: A wrongful act or an infringement of a right leading to civil legal liability.
Contingency Fee: A fee charged for a lawyer’s services only if the lawsuit is successful or is favorably settled out of court.
Mediation: A form of alternative dispute resolution where a neutral third party assists the disputing parties in reaching a settlement.
Arbitration: A method of resolving disputes outside of court by presenting the case to a neutral third party or panel for a decision.
Deposition: The testimony of a witness taken under oath but outside of a courtroom.
Discovery: The pre-trial phase in a lawsuit in which each party investigates the facts of a case, through the rules of civil procedure, by obtaining evidence from the opposing party and others by means of discovery devices.
Claim: A formal request to an insurance company asking for a payment based on the terms of the insurance policy.
Statute of Limitations: The time within which a lawsuit must be filed or a criminal prosecution begun.
Burden of Proof: The obligation to present evidence to the court or jury to prove one’s case.
Wrongful Death: A death caused by the wrongful act of another, either accidentally or intentionally.
Pain and Suffering: The physical and emotional stress caused from an injury.
Medical Malpractice: Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional.
Product Liability: The legal liability a manufacturer or trader incurs for producing or selling a faulty product.
Premises Liability: The liability a landowner or occupier has for certain torts that occur on the real property.
Comparative Negligence: A method for assigning fault and awarding damages based on the degree of responsibility of each party.
Contributory Negligence: A defense to a personal injury claim, alleging that the plaintiff’s own negligence played a part in causing the plaintiff’s injury.
Informed Consent: Permission granted in full knowledge of the possible consequences, typically that which is given by a patient to a doctor for treatment with knowledge of the possible risks and benefits.
Loss of Consortium: The deprivation of the benefits of a family relationship due to injuries caused by a tortfeasor.
Expert Witness: A witness who has knowledge beyond that of the ordinary layperson enabling him/her to give testimony regarding an issue that requires expertise to understand.
Standard of Care: The degree of care (watchfulness, attention, caution, and prudence) that a reasonable person should exercise under the circumstances.
Litigation: The process of taking legal action; the process of suing someone or being sued.
Trial: A formal examination of evidence before a judge, and typically a jury, in order to decide guilt in a case of criminal or civil proceedings.
Verdict: A decision on a disputed issue in a civil or criminal case or an inquest.
Appeal: Apply to a higher court for a reversal of the decision of a lower court.
Class Action: A lawsuit filed or defended by an individual or small group acting on behalf of a large group.
Subrogation: The right of an insurer to pursue the party that caused an insurance coverage loss to the insured in an attempt to recover funds paid in the claim.
Out-of-Court Settlement: Resolution of a dispute prior to the rendering of a decision by the trial court.
Joint and Several Liability: A legal doctrine that makes each of the parties who are responsible for an injury, liable for all the damages awarded in a lawsuit if the other parties responsible cannot pay.
Causation: The action of causing something; the relationship between cause and effect.
Breach of Duty: A failure to fulfill an obligation or duty, resulting in harm to another.
Duty of Care: The responsibility or legal obligation of a person or organization to avoid acts or omissions that could likely cause harm to others.
