Navigating the legal terminology involved in an injury case can be overwhelming. Reach out to Nicolet Law, where a seasoned attorney can assist you in understanding and managing your case.
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A
Adverse/Independent Medical Examination: Adverse Medical Examination refers to a medical evaluation conducted by a healthcare professional chosen by the opposing party in a legal matter, typically in personal injury cases. The goal is to provide an independent assessment of the individual's injuries or medical condition. Independent Medical Examination (IME) is a similar process, involving a medical evaluation by a neutral third-party expert. It is often requested by an insurance company or court to assess the extent of injuries or determine a person's medical condition.
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Arbitration: A dispute resolution process where a neutral third party decides the outcome, similar to a judge in a trial.
Assumption of Risk: A defense in personal injury cases where the plaintiff knew and accepted the risks involved in a particular activity.
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B
Breach of Duty: Failure to meet the standard of care, leading to negligence.
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C
Causation: The connection between the defendant's actions and the plaintiff's injuries; establishing that the defendant's negligence directly caused the harm.
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Class Action: A lawsuit filed by a group of people with similar claims against a common defendant.
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Comparative Negligence: A legal principle that allocates fault between the plaintiff and the defendant based on their respective contributions to the injury.
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Compensatory Damages: Money awarded to compensate the injured party for actual losses, including medical expenses, lost wages, and pain and suffering.
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Contingency Fee: A fee arrangement in which the attorney is paid a percentage of the client's award, contingent upon the successful resolution of the case.
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D
Damages: The compensation awarded to the plaintiff for the injuries and losses suffered.
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Defendant: The party being sued in a legal action.
Deposition: A witness's sworn out-of-court testimony used to gather information before a trial.
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Discovery: The process through which parties in a lawsuit gather evidence from each other, including documents, witness statements, and other relevant information.
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Duty of Care: The legal obligation to act with reasonable care to avoid causing harm to others.
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E
Expert Witness: A professional with specialized knowledge who testifies in court regarding issues within their expertise.
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I
Insurance Claim: A request for compensation submitted to an insurance company following an accident or injury.
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L
Liability: Legal responsibility for one's actions or failure to act
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Liability Insurance: Insurance coverage that provides protection against claims alleging a negligent act, error, or omission that caused bodily injury or property damage.
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Loss of Consortium: Damages awarded to compensate a spouse for the loss of companionship, affection, and intimacy due to the other spouse's injury.
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M
Mediation: A process in which a neutral third party helps the disputing parties reach a voluntary settlement.
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N
Negligence: Failure to exercise the level of care that a reasonable person would in similar circumstances, resulting in harm to another person.
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P
Personal Injury: Physical or psychological harm caused to an individual, as opposed to damage to property.
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Plaintiff: The person who initiates a lawsuit by filing a complaint against another party, seeking compensation for injuries.
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Preponderance of Evidence: The standard of proof in civil cases, requiring that the evidence shows it is more likely than not that the defendant is liable.
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Premises Liability: Refers to the legal responsibility of property owners or occupiers for injuries and accidents that occur on their premises. Property owners are expected to maintain safe conditions, and if someone is injured due to negligence, the owner may be held liable for damages.
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Product Liability: The legal responsibility of a manufacturer or seller for injuries caused by a defective product.
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Probate Court: Is a specialized court that deals with the administration of a deceased person's estate. The court oversees the distribution of assets, payment of debts, and resolution of legal matters related to the deceased person's will or estate plan. It ensures the lawful and fair distribution of the deceased person's assets.
S
Settlement: An agreement between the parties to resolve the case before a formal trial.
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Statute of Limitations: The time limit within which a lawsuit must be filed after the occurrence of an event, such as an injury.
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Strict Liability: Legal responsibility for an injury, regardless of fault or negligence, often applied in cases involving defective products or inherently dangerous activities.
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Subrogation: The legal right of one party, often an insurance company, to step into the shoes of the insured and pursue a claim against a third party for damages.
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T
Tort: A civil wrong that causes harm, giving the injured party the right to seek compensation in a lawsuit.
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V
Voir Dire: A legal term referring to the process of jury selection during a trial. It involves questioning potential jurors to determine their qualifications and suitability to serve on the jury for a particular case. The goal is to ensure an impartial and unbiased jury that can fairly evaluate the evidence presented during the trial.
W
Wrongful Death: A legal claim brought by the surviving family members or beneficiaries of a person who has died due to the negligence or intentional act of another.