Payment, usually monetary, recovered in a civil court case for an injury or loss caused by another person’s negligence. Damages may be either compensatory or punitive.

The party against whom the civil lawsuit has been filed (by the plaintiff).

A formal letter sent to the opposing party formally requesting some action from them and usually with threat of legal action.

Out-of-court question and answer session under oath; testimony given under oath, recorded in an authorized place outside of the courtroom and usually documented by a court reporter; the questions will be asked by the opposing attorney, with the party’s attorney present, in order to have an official, written record.

The calendar of actions to be heard by a court in a certain period of time.

In cases of negligence, a “duty” refers to an obligation to provide a certain standard of care (see below). Failure to meet this obligation is negligence, and cause for legal action on the part of the injured individual.

Amount of additional damages that an insurer is required to pay above the policy limit, usually awarded by a judge if it is found that the insurance company acted in bad faith when settling a claim.

A person who is allowed to testify at a trial because of special knowledge or proficiency in a particular field that is relevant to the case.

A blatant false or deceptive statement of fact intended to persuade another person to give up something valuable or a legal right he/she is entitled to.

Intentional failure to perform a standard of duty by recklessly disregarding another person’s health or property; also known as willful negligence.

Physical contact with poisonous substances or proximity to toxic airborne agents that are potentially harmful to health. Liability for hazardous exposure may rest on several parties, including the manufacturer of the product, the company responsible for installation, as well as the owner of the building that contains toxic agents, such as a landlord or employer. Talk to a toxic injury attorney if you have been injured or gotten sick because of hazardous exposure.

The costs incurred by seeing a number of different healthcare providers, such as doctors, therapists, and specialists; the collective cost of all one’s medical care.

The individual protected under an insurance policy.

The company or entity that provides coverage through an insurance policy.

Written questions created by one party’s attorney for the opposing party to answer under oath within a specific amount of time. After the document is filled out, the plaintiff’s attorney reviews it then it is signed by the answered in front of a notary.

A court action brought by one person, the plaintiff, against another, the defendant.

An obligation one is bound to by law to perform; typically involved the payment of monetary damages.

The process of taking legal action and/or filing a lawsuit.

Damages awarded to the family member (usually a spouse) of a deceased person for loss of companionship.

Outside help settling a dispute; a non-binding method of resolving a case in which a neutral third party, agreed upon by both parties, helps the disputing sides to reach a mutually agreeable settlement.

The delivery of care by a healthcare provider that is negligent or does not meet the established standard of care and results in a patient’s injury or death.

Limits, or “caps,” on the amount of compensation a victim of medical malpractice can seek out. These caps are intended to keep insurance premiums low and vary by state.

Conditions that do not constitute a justification or total pardon for an offense, but which may be used as a reason for reducing the degree of fault.

Broadly speaking, it is carelessness. More specifically, in civil law, negligence is conduct which falls below the standard of care established by law for the protection of others against unreasonable risks of harm.

A person with legal training who is licensed by the state to perform acts in legal affairs, in particular, witnessing signatures on documents. Their seal and signature on a document is proof that the person who signed the document did so willingly and is who they say they are.

An illness caused by long-term employment in a particular line of work, such as construction workers exposed to asbestos, who later develop cancer.

An agreement reached between the plaintiff and defendant which does not require the approval of a court or judge; an out-of-court settlement will typically be struck between the two parties’ lawyers before a trial takes place. Can be achieved on attorneys’ own terms, during mediation, or at arbitration.

Money spent out of the injured party’s own funds on costs related to their injuries, which may include: travel, medications, assistive devices, etc. Anything one had to pay before they began to receive benefits. See Special Damages.

Someone trained and certified to perform any function of assistance to a lawyer including summaries, research, investigation, and the retrieval of records; certified person who works in a law office helping an attorney prepare a case.

Persons, corporations, or associations who have started a lawsuit, or who are defendants in a lawsuit.

The area of law which covers all physical, financial, and emotional injuries caused by another person or party’s negligence in using reasonable care. Personal injury cases are considered civil torts, as opposed to criminal lawsuits.

In civil law, the person or party who brings the legal action or files the lawsuit; also called a complainant.

Generally, any document, statement, or request filed with the court; a formal document in which someone that is part of the legal case makes or responds to allegations, claims, denials, or defenses.

The legal responsibility of a property owner or occupier of a property to provide compensation for persons who sustain certain injuries while on their premises. For example, a person who is hurt from a slip and fall accident caused by a spill may be able to sue the property owner for negligence.

The amount of evidence a plaintiff needs to win a civil case. A preponderance of evidence means that the proof you present must weigh heavier or be more convincing in comparison to the evidence offered by the other side. To win by a preponderance of evidence, the proof presented must simply tip the scales in the plaintiff’s favor, compared to the burden of proof standard set in criminal cases, which must be “beyond a reasonable doubt.”

The accountability of a merchant, business, or manufacturer for bodily injury or property damage because of a defect in their product.

The area of civil law that holds manufacturers, distributors, suppliers, retailers, and other parties who make a defective product available to the public responsible for injuries that the faulty product causes.

The primary or moving reason why an injury or damage occurred and without which the accident would not have happened, if the injury in question can be foreseen as a natural occurrence of the misdeed.

An agreement between both parties in a lawsuit.

Any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Can be anything from rape to unwanted touching.

A personal injury case in which a person slips or trips and is injured on someone else’s property; usually falls under the broader category of premises liability claims. Slip and fall accidents usually occur on property owned or maintained by someone else who is then held legally responsible.

For cases of negligence, the degree of care which a reasonable person would have applied under the same or similar circumstances. In medical malpractice lawsuits, doctors or health care professionals who fail to meet the standard established by law to protect patients from negligence, the person may be liable for damages or injuries resulting from their conduct.

The amount of time prescribed by law for a plaintiff to file a lawsuit. Statutes can vary by case type and location of injury.

A legal doctrine that holds a defendant liable for harm cause by their actions regardless of their intentions or level of care. Typically, strict liability is used in defective products or products liability cases.

A command, issued by the court, to appear at a certain time and place to give testimony for a case.

A legal right that allows one party to make a payment that is actually owed by another party, and then later collect that money from the party whom originally owed it.

Evidence given by a witness under oath during a deposition or trial.

When a case is brought against a defendant who wants to add another party to the suit.

A private wrong or injury committed against a person or property, resulting in legal liability. Personal injuries arising from negligence are a common example of one type of tort.

An impact to the head that results in a diminished or altered state of consciousness and may impair a person’s cognitive abilities, physical capacity, and/or a disturbance of emotional or behavioral functioning. Often occurs during severe auto accidents or sports-related injuries.

The jury; or in a non-jury trial, the judge. The person or group that analyzes the evidence in order to make a decision about the case or issue in dispute.

An addition to a standard automobile insurance policy that provides coverage in the event the other driver is both at fault for the accident and is not insured; protects the first-party from having no coverage in the event that someone who is driving without insurance crashes into them. UIM coverage is triggered in California if the person at fault does not have sufficient coverage to compensate the injured plaintiff for their injuries. California does not permit insurance policies to be stacked, so the first party UIM coverage must be higher than the at-fault party’s insurance limits.

A judge or jury’s decision on a case.

The liability of one person for the torts of another.

Mandatory insurance that almost all employers are required to hold in order to cover their employees for economic losses due to a job-related injury or illness.

A lawsuit filed against an individual or company for the death of a person due to negligent or wrongful behavior. Wrongful death cases are generally filed by a surviving family member (typically spouse), who can recover damages for mental and physical suffering, lost wages, funeral and medical expenses for the deceased, loss of income and earning capacity, loss of consortium, and more.