Easy Legal Glossary
by
Benjamin P. Tryk on May. 02, 2013
Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: Accident Injury Glossary - Easy to Read
GLOSSARY OF LEGAL DEFINITIONS & TERMS By Benjamin Tryk - Tryk Law Accident Injury Attorneys
Placed into simpler terms and explanations than most other legal dictionaries - March 10, 2013
Arbitration – A mini trial. The arbitrator is appointed as a temporary judge by the court and hears evidence like a jury would through witnesses and/or documents. The arbitrator makes rulings of law and fact and, after hearing the evidence, issues a ruling as to liability (fault), comparative fault, and the nature and amount of damages, if any. This decision is written into the form of an order. The parties have 30 days from the date of the order to reject the ruling. If they do not reject the ruling, it becomes a final judgment, is entered into the court record and the case is over with that order controlling the rights and responsibilities of the parties.
Civil Action – A legal case brought between private parties, one called a plaintiff and one called a defendant, to determine if someone was negligent and, therefore, liable for their damages.
Common Carrier – Any individual or organization that charges to carry a passenger or system or equipment that carries passengers as part of a business operation open to the public. This includes airplanes, BART, Muni, cable cars, ferries, taxis, moving walkways, elevators, escalators, ski lifts, airport shuttles, van pools, stagecoaches, jitneys, etc.
Comparative Fault – Comparative fault reduces the claimant's or plaintiff’s damages in an amount proportional to his or her percentage of fault.
Contingent Fee – Allows you to hire the Tryk Law Firm without paying any money down and without paying by the hour. Most lawyers charge $200 to $500 per hour for their services. As the saying goes, talk is cheap unless a lawyer is talking! The Tryk Law Firm gets paid only if you receive compensation for your damages either through a settlement or after a trial. We are paid a percentage of what we recover for you. Usually the fee ranges from 33 1/3 percent to 45 percent, depending on the type and complexity of the case, whether a lawsuit has to be filed, and when and if your case settles or goes to trial. Most contingent fees are not set by law, but are negotiable.
Criminal Actions – Violations of the penal code that result in a finding of guilt or innocence leading to incarceration. In criminal cases, the government prosecutes the case and a defendant can obtain a lawyer for free, from the state, if he or she can't afford one.
Defendant – Someone accused of violating the law. The defendant in a civil suit is accused of being liable by the person whose rights have been violated and/or who has been harmed, the plaintiff. An attorney, called a defense lawyer, usually represents the defendant. Most of the time, this lawyer is provided by the defendant's insurance company which, as part of the insurance that the defendant bought, has a duty to defend the insured against any legal action.
Deposition – A legal question-and-answer process that takes place in an attorney or court reporter’s office. People with knowledge of facts important to prove liability and/or damages are questioned and a written record of the proceedings is created by a court reporter. The attorney asks the deponent (witness) questions in an effort to evaluate the case for settlement and/or to prepare for trial.
Discovery – The legal process of exchanging information under oath. This allows the parties to obtain information to determine who is liable for what happened, who is at fault and what damages you are entitled to receive. This may include discovering information in the form of written questions called Interrogatories, Form and Special, Defense Medical Examinations, Oral Depositions and mentioned above, exchanging of documents between the parties also known as Requests for Production of Documents and Site Inspections. There are additional types of discovery but the items listed above are those that are most commonly conducted during litigation.
Economic Damages – Out-of-pocket losses, including medical expenses, wage loss, loss of income, loss of earning capacity, property damage, funeral expenses, towing, rental car, household help and other expenses caused by the wrongful conduct. These damages are the easiest to calculate because you can obtain bills, receipts and estimates.
Employment Practices Liability Insurance – If you have been the victim of unlawful harassment, discrimination or retaliation; have been denied your legal rights to accommodation, medical leave or pregnancy leave; or have been wrongfully terminated, you may be entitled to compensation under this form of insurance. The insurance is purchased by the employer to protect the company from damages if one of its employees has violated your legal rights in the workplace.
Expert – An individual with specialized skill, training or experience whose testimony is felt to be of assistance in helping the trier of fact, be it a judge or a jury, understand matters outside of their common experience. Usually, experts deal with technical matters, medical issues, customs and practices in an industry and/or scientific materials.
General Liability Insurance – This is a form of insurance that is purchased by companies to pay damages if one of their employees, while at work, is negligent and causes someone to suffer an injury. It is similar to an umbrella policy for a homeowner.
Guardian ad Litem – Minors are not considered, under the law, competent to bring legal actions on their own behalf. Therefore, a guardian must be appointed to manage the litigation for them. This is called a guardian ad litem. Usually, it is a parent or legal guardian. The court reviews an application for guardian ad litem to make sure that the child's interests are being protected. The court also reviews the contingency fee agreement to make sure it is fair to the minor. Once designated, the guardian ad litem makes legal decisions for the minor and can agree to a settlement.
Homeowners Insurance – This is insurance that people take out to cover any liability for negligence that occurs on or because of their property. Usually, this insurance comes into play in a slip-and-fall, dog bite, stair collapse or some other injury-producing event linked to the property. In addition to covering any liability as a result of negligence, homeowners insurance often provides medical payments coverage for medical treatment for injuries that happen on the property regardless of fault (usually up to $5,000). Therefore, if someone is injured on another person's property, the injured party may be able to recover medical expenses even if no one is at fault.
Insurance – Protects people from financial damages if they negligently cause injury to another. There are many forms of insurance. Just because someone has insurance does not mean that you are automatically paid for your damages. You must, in most cases (aside from workers' compensation for job-related injuries), demonstrate that negligence makes someone liable for your injuries.
Intentional Conduct – Different from negligence because negligence usually is not intentional, but is the result of carelessness, inattention or failure to take precautions. Intentional conduct is when people deliberately do something to harm or kill others such as hitting them (battery), poisoning them, damaging their property, defaming them with false statements of their character or conduct. A person who can prove intentional conduct that produces injury can recover all available damages, including punitive damages. Intentional conduct may also be a criminal matter. If you are the victim of a physical injury that has been caused by someone intentionally, get to the police, seek shelter and protect yourself from future harm.
Judge – A lawyer who has left the private practice of law to serve the public as a judicial officer. A judge is like a referee. Judges make decisions as to matters of law and decide what evidence may be heard. A Judge also controls the process of a trial to ensure that it is fair and unbiased. Judges instruct the jury on the law that the jury must follow. Judges must be fair to both sides. They are not allowed to act as judges in cases to which they have some relationship or in which they have an interest in the outcome. Judges are paid a salary by the government through our taxes. In some cases, there is no jury in a trial. This is called a bench trial (where the judge sits is referred to as a bench). In that case, the judge acts not only as the individual who decides which laws apply, but she or he also acts as the ultimate trier of fact in place of a jury.
Liability – Fault in a civil action. The party that is responsible for causing an accident or incident is often referred to as the liable party.
Liability Insurance – All drivers in California are supposed to carry a minimum amount of liability insurance on their cars. This provides insurance to pay damages if they are liable because of an act of negligence. Statistics show that a quarter to a third of all vehicles on the roadway in California are uninsured. People can't afford to pay the insurance premiums and drive without insurance. If they are caught, they can lose their license for a year and face stiff fines.
Loss of Consortium – When one or both partners in a marriage or domestic partnership suffers a serious personal injury or wrongful death, they have special rights to recovery. This is called a loss of consortium. It is a form of noneconomic damage. If injury causes one partner to be unable to engage in the things that the couple engaged in before, the other partner is entitled to recover for the loss. If the sexual relations, social relations, recreational activities, companionship, child-rearing responsibilities, household responsibilities or other aspects of the marriage have suffered because of the negligence, the non-injured party may have his or her own, separate right to bring an action as a plaintiff. These damages are in addition to other damages that the injured party may be able to recover and are the separate property of the non-injured spouse or domestic partner.
For more, visit http://www.tryklaw.com/#!definitionsbytryklaw/c13a3
Medical Payments Coverage - "MEDPAY" – This is insurance that you buy, on your vehicle policy, in case you get hurt. This provides for payment of your medical bills. Usually it comes in $5,000 and/or $10,000 increments. You are entitled to this coverage no matter who is at fault. Motor vehicle MEDPAY is a little different in the way that it is paid out when comparing it to Premises Liability MEDPAY.
For more, visit http://www.tryklaw.com/#!definitionsbytryklaw/c13a3
www.tryklaw.com
fresnoinjuryblog.com
injuru@tryklaw.com
© 2025 LAWYER.COM INC.
Use of this website constitutes acceptance of Lawyer.com’s Terms of Use, Email, Phone, & Text Message and Privacy Policies.