Cancellation
The termination of an insurance policy before its normal expiration date.
Carpal Tunnel Syndrome (CTS)
A nerve disorder in the hand which can lead to severe pain and loss of feeling, particularly in the first three fingers and the thumb. Car accidents can be a cause of CTS due to the grip a driver has on the steering wheel when the accident impact occurs.
Claim
A person's request for payment by an insurer for a loss covered under a policy. Your claims to your company are "first-party claim." Claims made by one person against another person's company are known as "third-party claims."
Claim Evaluation
The consideration and assessing of your personal injury case by a lawyer who will consider the facts of the accident - the legal issues - and the viability of recovering damages in evaluating your accident claim.
Claimant
A person who files a claim with an insurance company.
Collision Coverage
Optional insurance which pays for damage to your automobile caused by collision with another automobile or object, or by rolling the car over. Frequently required if you have a car loan.
Comparative Negligence
The percentage of fault shared by each driver in an accident in which both contribute to causing the collision.
Compensatory damages
Damages which are paid to compensate an injured person for the actual dollar amount of the loss incurred for the injuries caused by the accident such as medical bills and lost wages.
Compulsory Insurance
Any form of insurance which is required by law.
Contingent Fee Agreement
An agreement where a lawyer is hired with the agreement that the legal fee is paid from the settlement proceeds or a jury award. The agreement will usually address whether costs (copies, expert witness fees, deposition fees, court fees, postage, travel, etc.) are paid by the plaintiff at the end of the case (from the settlement or award) or when the costs become due.
Contingent Fee Agreement
An agreement where a lawyer is hired with the agreement that the legal fee is paid from the settlement proceeds or a jury award. The agreement will usually address whether costs (copies, expert witness fees, deposition fees, court fees, postage, travel, etc.) are paid by the plaintiff at the end of the case (from the settlement or award) or when the costs become due.
Contributory negligence
The plaintiff’s negligence which contributes to the injuries sustained in the accident.
Crash
An event that produces injury and/or property damage, involves a motor vehicle in transport,
and occurs on a trafficway or while the vehicle is still in motion after running off the trafficway.
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D
Damages
A monetary compensation which may be recovered in the courts by a person who has suffered a loss or injury through the unlawful act or negligence of another.
Declarations (Dec) Page
The front page of your policy is called the Declarations page. It contains useful information such as the exact name of your insurance company - the policy number - your coverages and premiums
your deductibles, if applicable the vehicles insured - their identification numbers - and the classifications for rating purposes.
Defective Product
A product which injures someone due to a flaw in the product (a defect in how it was made or design defect) or an inadequate warning.
Defamation
The making of false, derogatory statements about a person's character, morals, abilities, business practices or financial status (includes libel, which is written, and slander, which is spoken).
Defendants
Those who allegedly caused the injury to the plaintiff.
Demand
A letter to the opposing party’s attorney or insurance adjuster stating the facts and law which establish the other party’s liability for the injuries received in the accident, the claimant’s damages due to the injuries, and the claimant’s demand for a specific amount of money to settle the claim prior to filing a lawsuit.
Deposition
An oral statement made by a person before an officer authorized by law to administer oaths. The attorney for the opposing party is notified to attend the deposition where he may cross-examine the deposed party. The deposition may sometimes be used later in the trial, or it may be taken only to obtain discovery.
Discovery
The disclosure by one party of facts, titles, or documents, to the opposing party who needs this information to properly prosecute or defend the case.
Driver
An occupant of a vehicle who is in physical control of a motor vehicle in transport, or for an
out-of-control vehicle, an occupant who was in control until control was lost.
Duty
An obligation to follow a standard of care. The failure to exercise such care can establish liability for an injury sustained by a person because of the lack of care.
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E
Exclusions
Provisions that explicitly limit the coverage provided by a policy.
Expert witness
Someone who has superior knowledge in a subject (based on education or experience) and is allowed to assist the jury (after qualification) in understanding complicated issues which the average lay person would not understand.
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F
Fact question
The factual issues of a case as opposed to questions of law. Usually, the jury decides fact questions and questions of law are decided by a judge (unless there is a bench trial in which the judge will decide the factual questions).
Fatal Crash
A crash involving a motor vehicle in transport on a trafficway in which at least one person dies.
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G
General damages
Money a plaintiff is awarded for injuries the law presumes are the necessary result of the injury sustained by the plaintiff in the accident, such as pain and suffering damages.
Gross negligence
An unreasonable act intentionally performed in disregard of a known risk, which highly increases the probability that harm will be caused with conscious indifference to the consequences of the negligent conduct.
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H
No entry at this time.
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I
Indemnity
The restoration of a loss by payment of money or repair or replacement of the thing lost.
Insurance
A system under which individuals, businesses and other organizations or entities, in exchange for a payment of a sum of money (a premium), are guaranteed compensation for losses resulting from certain perils under specified conditions.
Independent Medical Examination (IME)
A medical examination the injured party undergoes which is sometimes performed by an insurance company’s doctor in order to verify or dispute the severity of an injury.
Informed Consent
Every doctor must inform a patient of the risks and alternative options and treatments so the patient can give his or her informed written consent before the doctor performs an operation or gives specific treatment.
Injury
Harm to a person’s physical, mental or emotional well being which triggers a person’s righ to receive compensation.
Injury Crash
A crash involving a motor vehicle in transport on a roadway in which no one died but at least
one person was reported to have either an incapacitating injury, a visible but not incapacitating
injury, or a possible injury with no visible evidence.
Insurance Claim
An insurance claim is a claimant's notification to the insurance company of injury and demand for compensation of damages resulting from the injury.
Insurance Company
A company which, in exchange for a fee (known as a premium), agrees to pay all legitimate claims that may arise under your policy.
Insurance Defense Lawyers
Attorneys who represent the defendant (party who caused the accident) and who get paid by the defendant’s insurance company for the representation.
Insured
Person or organization covered by an insurance policy.
Intersection
An area that contains a crossing or connection of two or more roadways not classified as
driveway access.
Interrogatories
Written questions asked by one party and served on an opposing party who must answer them in writing under oath as a discovery device.
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J
Joint and several liability
The plaintiff’s ability to have several defendants held both individually and collectively liable for all damages suffered by the plaintiff. This allows the plaintiff to recover the entire amount of damages from one defendant, even if all of the defendants are liable.
Judgment
The official and authentic decision of a Court adjudicating with finality the respective rights and claims of the parties to a suit..
Jury
A specific number of local citizens who are selected and sworn to try and render a verdict in a case.
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K
No entries at this time.
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L
Large Truck
Trucks over 10,000 pounds gross vehicle weight rating, including single unit trucks and truck tractors.
Lawsuit
A civil legal action made by the plaintiff against the defendant(s) which alleges that the fault of the defendant(s) caused the accident and that the plaintiff is entitled to money damages as compensation for the injuries sustained in the accident.
Liability
The decision that a party is legally responsible for the injuries suffered by the injured party.
Liability Coverage
Insurance which pays the losses of other people, which you caused unintentionally or through negligence.
Liability Limits
The largest amount of money an insurer will pay in case of a covered loss.
Loss
The basis on which an insurance claim is submitted and/or paid.
Loss of consortium
A claim made by one spouse to obtain compensation for the loss of society, support, and affection of the other spouse due to an injury caused by the defendant’s negligence
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M
Medical error
A medical error occurs when a health professional or organization did not provide treatment of a standard reasonably to be expected in the circumstances.
Medical lien
The right of a hospital, doctor or health care provider to assert an interest in personal injury recoveries to the extent of the cost of the treatment or service provided.
Medical Malpractice
Occurs when a health care provider does not give the proper standard of care to a patient and the patient was injured because of this failure.
Medical Payments Coverage (Med Pay)
A form of insurance that pays for medical expenses regardless of liability.
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N
Negligence
Failure to exercise a generally acceptable level of care and caution.
Nonrenewal
The termination of an insurance policy at its normal expiration date.
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O
Objections
During the examination of a witness, one side may “object” to the questioning or testimony of a witness or presentation of evidence if the attorney feels the testimony or evidence about to be given should be excluded. If the objection is sustained by the judge, that particular testimony or evidence is excluded. If the objection is overruled by the judge, the testimony or evidence may be given.
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P
Policy
A contract of insurance.
Policyholder
The person who buys insurance.
Private Passenger Automobile
Four-wheeled motor vehicles of the private passenger, station wagon, or van type. Private passenger automobiles are designed for use on public highways and subject to motor vehicle registration.
Preponderance of the evidence
Evidence which is (even minimally) of greater weight or more convincing than the evidence which if offered in opposition to it. This is the standard by which a plaintiff must prove his/her case in a civil suit.
Proof of Loss
Documents that you give to the insurer to support your request for payment of losses. The company uses these documents to determine whether and how much it will pay. (Ex. Police report and written repair estimates from automobile body shops.)
Product Liability/B>
An injured person’s right to claim damages against the people or entities responsible for manufacturing the product or putting the product into the stream of commerce when the injury was sustained due to a defective or unreasonably dangerous product.
Proximate cause
The legal cause of an injury without which the accident could not have happened, when the injury could be reasonably anticipated or foreseen as a natural consequence of the wrongful act. In a civil tort action such as a medical malpractice suit, the plaintiff must show that an act or omission of the defendant was a proximate cause of the plaintiff's injury.
Punitive damages
Damages assessed against a defendant who engaged in extremely reckless, careless, and indifferent behavior in order to punish the defendant for such egregious conduct.
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Q
Quote
An estimate of the cost of insurance based on information supplied to the insurance company.
Question of law
A question requiring the interpretation or application of the law which is the judge’s duty to decide.
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R
Reasonable care
That degree of care which a prudent or careful person would exercise under the same or similar circumstances
Res Ipsa Loquitur
Literally, "a thing that speaks for itself. "In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent.
Respondeat Superior
"Let the master answer." The doctrine which holds that employers are responsible for the acts and omissions of their employees and agent, when done within the scope of the employees' duties.
Risk
The chance of loss.
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S
Settlement
An agreement between the parties to settle a claim or a lawsuit and resolve the dispute before it enters litigation or before the outcome is determined by a jury verdict.
Statute of Limitations
A legal deadline which requires that a lawsuit must be filed within a certain time or the injured party is barred from filing a lawsuit if the deadline is missed.
Strict liability
Doctrine that holds defendants liable for harm caused by their actions regardless of their intentions or lack of negligence. Often applied to manufacturers or sellers of defective products in products liability cases.
Subrogation
A process by which a third party is put in the place of a creditor so that the rights and securities of the creditor pass to that third person.
Survival action
A survival action is brought by the administrator of a deceased ’s estate to recover the loss to the estate due to the negligent or intentional misconduct of another. A survival action continues in the decedent’s personal representative a right of action which accrued to the decedent at common law because of a tort. A survival action, unlike a wrongful death action, is not a new cause of action. Where death is caused by negligence, both a survival action and a wrongful death action may be brought.
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T
Third party benefits
The amount of available insurance coverage that the at-fault party has in bodily injury and property damage.
Tort
A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Trial
A legal proceeding presided over by a judge, where the adverse parties are represented by lawyers who present evidence and try to prove their cases to persuade the jury to decide in favor of their respective clients.
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U
Underinsured Motorist Coverage
A form of insurance which provides coverage when the liability coverage of the at-fault party is inadequate to cover the amount of damages or injuries.
Uninsured Motorist Coverage
A form of insurance which covers the policyholder and family members if injured by a motorist who carries no liability insurance, assuming the other driver is at fault, or if injured by a hit and run motorist.
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V
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.
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W
Wrongful Death
A wrongful death lawsuit alleges that the decedent was killed as a result of the negligence (or other liability) on the part of the defendant(s), and that the surviving dependents or next of kin are entitled to monetary damages as a result of the defendant's conduct.
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X
No entries at this time.
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Y
No entries at this time.
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Z
No entries at this time.
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