- Negligence: Failure to exercise the level of care that a reasonable person would in similar circumstances, resulting in harm to another person.
- Tort: A civil wrong that causes someone else to suffer loss or harm, leading to legal liability for the person who commits the tortious act.
- Damages: Monetary compensation awarded to a plaintiff to compensate for losses suffered as a result of the defendant’s wrongful conduct.
- Liability: Legal responsibility for one’s actions or omissions that result in harm to another person.
- Plaintiff: The party who initiates a lawsuit seeking damages or other legal remedies from the defendant.
- Defendant: The party being sued in a civil case, typically accused of causing harm or injury to the plaintiff.
- Statute of Limitations: The time limit within which a lawsuit must be filed after an injury or harm occurs, failing which the right to sue may be lost.
- Comparative Negligence: Legal doctrine that allows the plaintiff to recover damages even if they were partially at fault, with the damages reduced proportionately to their degree of fault.
- Premises Liability: Legal responsibility of property owners or occupiers for injuries sustained by individuals on their premises due to unsafe conditions.
- Product Liability: Legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective or dangerous products.
- Intentional Tort: A deliberate act that causes harm to another person, such as assault, battery, or false imprisonment.
- Medical Malpractice: Negligent conduct by healthcare professionals that leads to injury or harm to a patient.
- Loss of Consortium: Compensation for the negative impact on the relationship between spouses or family members due to the injured party’s inability to provide the same level of companionship, support, or services.
- Pain and Suffering: Non-economic damages awarded to compensate the plaintiff for physical pain, emotional distress, and mental anguish caused by an injury.
- Wrongful Death: A civil action brought by the surviving family members or representatives of a deceased person against the party responsible for the death, seeking compensation for their loss.
- Deposition: Testimony given by a witness under oath outside of court, typically recorded and transcribed for later use in the legal proceedings.
- Contingency Fee: Legal fee arrangement where the attorney’s payment is contingent upon the successful outcome of the case, usually a percentage of the damages recovered.
- Settlement: Resolution of a legal dispute between parties without going to trial, typically involving payment of compensation by the defendant to the plaintiff in exchange for releasing them from further liability.
- Burden of Proof: The obligation to present sufficient evidence to support a claim or defense in court, typically resting on the plaintiff in a civil case to prove their case by a preponderance of the evidence.
- Assumption of Risk: Defense argument asserting that the plaintiff voluntarily exposed themselves to a known risk, relieving the defendant of liability for resulting injuries.
This glossary should provide a good starting point for understanding common legal terms in personal injury law.