Accident Reconstruction The process of analyzing and reconstructing the events of an accident to determine how it occurred and who may be at fault. It involves gathering evidence, examining physical factors, and using expert analysis to create a detailed and objective account of the accident sequence.

Accident Report A document created by an authorized individual or entity to record the details of an accident or incident. It typically includes information such as the date, time, and location of the accident, a description of the events, the parties involved, witness statements, and any relevant evidence or observations.

Admissibility Refers to the eligibility or acceptability of evidence or information to be presented and considered by the court. The court applies rules and standards to determine whether evidence or information is admissible or should be excluded from the proceedings.

Adverse Examination Refers to the questioning or cross-examination of a witness by the opposing party’s attorney. During adverse examination, the attorney aims to challenge the credibility, accuracy, or consistency of the witness’s testimony, as well as explore potential weaknesses or inconsistencies in their version of events.

Affidavit A written statement or declaration made under oath or affirmation by an individual with personal knowledge of the facts. The person creating the affidavit, known as the affiant, provides a detailed account of the relevant information, events, or circumstances related to the case.

Affidavit of Merit It is a sworn statement, typically prepared by a qualified medical expert, which attests that there is a reasonable belief that the defendant healthcare professional or provider deviated from the applicable standard of care, resulting in the plaintiff’s injuries or damages.

Affirmative Defense Refers to a legal argument or claim raised by the defendant to counter the plaintiff’s allegations. It is a proactive defense strategy where the defendant asserts facts or legal principles that, if proven, would undermine the plaintiff’s case or provide a legal justification for the defendant’s actions.

Alternative Dispute Resolution (ADR) ADR offers parties involved in a personal injury case an alternative pathway to reach a resolution without going through a formal trial. ADR methods commonly used in personal injury cases include mediation and arbitration.

Answer In the Answer, the defendant addresses each specific claim made in the complaint and either admits, denies, or states a lack of knowledge or information regarding each allegation. The defendant may also assert affirmative defenses, which are legal arguments that, if proven, would excuse or mitigate their liability for the injuries or damages alleged by the plaintiff.

Appeal An appeal refers to a legal process through which a party seeks a review of a court’s decision by a higher court. During the appeal, the party challenging the decision, known as the appellant, presents arguments to the higher court, asserting that the lower court made errors in its judgment.

Arbitration A method of alternative dispute resolution (ADR) where the parties involved in a personal injury case agree to resolve their dispute outside of the traditional court system. In arbitration, an impartial third-party arbitrator or a panel of arbitrators is selected to hear the case and make a binding decision.

Assumption of Risk A legal doctrine where the plaintiff is deemed to have voluntarily accepted and understood the potential risks associated with participating in a particular activity or situation.

Award A legal decision or judgment made by a court or arbitrator that determines the amount of compensation or damages to be awarded to the prevailing party.

Bad Faith Dishonest or unfair conduct by an insurance company in handling an insurance claim, such as unreasonably denying or delaying payment or settlement.

Bench Trial A trial where a judge, rather than a jury, decides the outcome of the case. The judge listens to the evidence, applies the law, and renders a verdict.

Best Evidence Rule The Best Evidence Rule is a legal principle that requires the presentation of the original or highest quality evidence available in court. According to this rule, when proving the contents of a document, recording, or other tangible evidence, the original or a duplicate that accurately reflects the original should be presented.

Bill of Particulars A bill of particulars is a formal written document that provides specific details and itemized information regarding the claims made by the plaintiff in their complaint. It is a request made by the defendant to the plaintiff, seeking a more detailed explanation and breakdown of the allegations and damages being asserted.

Breach of Duty The failure of a party (often the defendant) to fulfill their legal duty of care owed to the plaintiff. It is a key element in establishing negligence in a personal injury claim.

Burden of Proof The obligation of the plaintiff to prove their case by presenting sufficient evidence to convince the court or jury that the defendant is liable for the injuries sustained.

Causation The link or connection between the defendant’s actions or negligence and the plaintiff’s injuries. In a personal injury case, the plaintiff must establish that the defendant’s actions caused or substantially contributed to their harm.

Certificate of Conformity A Certificate of Conformity is a document that confirms compliance with a State’s rules regarding Affidavits.

Comparative Negligence A legal principle used to determine the allocation of fault and damages in a personal injury case when both the plaintiff and the defendant are found to be partially at fault. Damages are awarded based on each party’s percentage of fault.

Compensatory Damages Monetary compensation awarded to a plaintiff to cover actual losses and expenses incurred as a result of an injury or harm caused by the defendant. Compensatory damages may include medical bills, lost wages, property damage, and pain and suffering.

Complaint The initial legal document filed by the plaintiff that formally starts a personal injury lawsuit. The complaint outlines the plaintiff’s allegations against the defendant and the relief sought.

Contingency Fee A fee arrangement commonly used in personal injury cases where the attorney’s payment is contingent upon the successful outcome of the case. The attorney is paid a percentage of the awarded damages if the case is won, but if the case is lost, the attorney does not receive a fee.

Counterclaim A counterclaim refers to a legal claim initiated by a Defendant in response to the Plaintiff’s initial claim. It is a distinct cause of action wherein the Defendant asserts that they too have suffered harm or looses as a result of the same incident, and they seek redress from the Court.

Court Order A Court Order is an official directive issued by a judge or court that mandates a specific action or prohibits certain conduct. It may include injunctions, restraining orders, judgments, or other legally binding instructions.

Cross-Claim A claim filed by one defendant against another defendant in the same lawsuit, asserting that the other defendant is partially or entirely responsible for the plaintiff’s injuries.

Cross-Examination The questioning of a witness conducted by the opposing party’s attorney during a trial or deposition, with the purpose of challenging or eliciting information that may weaken the witness’s testimony.

Damages Monetary compensation awarded to a plaintiff in a personal injury lawsuit to compensate for losses, injuries, or harm suffered as a result of the defendant’s actions or negligence. Damages can include medical expenses, lost wages, pain and suffering, and more.

Default Judgment A Default Judgment is a judgment entered in favor of the plaintiff when the defendant fails to respond to the Complaint or fails to appear in court. It typically occurs when the defendant does not present a defense or contest the allegations.

Defendant The party being accused or sued in a personal injury lawsuit. The defendant is alleged to have caused the plaintiff’s injuries through negligence or intentional wrongdoing.

Deposition A pre-trial process where a witness, including the plaintiff and defendant, provides sworn testimony under oath, which is recorded and transcribed. Depositions are typically conducted by the opposing party’s attorney and can be used as evidence during trial.

Discovery Discovery is the pre-trial phase of litigation during which each party obtains evidence and information from the opposing party and other sources. It typically involves methods such as interrogatories, depositions, requests for production of documents, and requests for admission.

Dismissal Dismissal is the termination of a lawsuit by a court before reaching a final judgment. It can occur for various reasons, such as lack of jurisdiction, failure to state a claim, settlement, or procedural errors.

Duty of Care The legal obligation of an individual or entity to act reasonably and responsibly to avoid causing harm or injury to others. In personal injury cases, it refers to the duty owed by the defendant to the plaintiff to exercise a certain level of care to prevent foreseeable harm.

Economic Damages Monetary losses incurred by the plaintiff as a direct result of the injury or accident. Economic damages typically include medical expenses, property damage, lost wages, and future earning capacity.

Emotional Distress Psychological or emotional harm suffered by the plaintiff as a result of the defendant’s negligent or intentional actions. Emotional distress damages may be awarded to compensate for mental anguish, anxiety, depression, or other emotional trauma.

Estoppel A legal principle that prevents a person from asserting a right or defense that contradicts or goes against their prior statements, actions, or representations. Estoppel may be invoked to prevent a party from denying their previous admissions or positions.

Evidence Evidence refers to any type of proof, information, or material presented in court to support or refute a claim. It can include documents, testimonies, expert opinions, photographs, videos, or any other relevant information.

Evidentiary Hearing An Evidentiary Hearing is a court proceeding conducted to hear and evaluate the admissibility and weight of evidence in a case. It allows parties to present and challenge evidence before the court makes a decision.

Ex Parte A legal proceeding conducted without notice to or the presence of all parties involved. In some circumstances, a judge may allow an ex parte hearing or order to address urgent matters, such as temporary restraining orders or immediate medical care.

Expert Testimony Testimony given by an expert witness in court or during a deposition. Expert testimony provides specialized knowledge, opinions, or interpretations of facts relevant to the personal injury case.

Expert Witness A professional with specialized knowledge or expertise in a particular field relevant to the personal injury case. Expert witnesses provide opinions and testify about complex matters to assist the court or jury in understanding the evidence and making informed decisions.

Fault Responsibility or blame for an accident or injury. Determining fault is crucial in personal injury cases to establish liability.

Final Judgment A Final Judgment is the court’s final decision or ruling on the merits of a case. It resolves the issues in dispute and determines the rights, liabilities, and obligations of the parties involved.

Force Majeure A legal term referring to unforeseeable and uncontrollable events or circumstances that prevent a party from fulfilling their contractual obligations. Force majeure events, such as natural disasters or acts of war, can sometimes excuse liability.

Foreseeability The ability to reasonably anticipate or predict potential harm or injury as a result of certain actions or circumstances. Foreseeability is an important factor in determining negligence.

Freedom of Information Act A legal proceeding conducted without notice to or the presence of all parties involved. In some circumstances, a judge may allow an ex parte hearing or order to address urgent matters, such as temporary restraining orders or immediate medical care.

Functional Capacity Evaluation (FCE) An assessment conducted by healthcare professionals to evaluate an individual’s physical abilities, limitations, and functional capacity after an injury. FCEs can provide valuable information in determining the extent of the plaintiff’s injuries and their impact on daily activities and work capabilities.

Future Damages Damages that are expected to occur or be incurred in the future as a result of the injuries sustained. Future damages may include ongoing medical expenses, future loss of earning capacity, and anticipated pain and suffering.

Good Faith A legal principle requiring parties to act honestly, fairly, and with genuine belief or intention to fulfill their obligations or duties. Good faith is often relevant in contract disputes or negotiations.

Governmental Immunity A legal doctrine that grants immunity or limited liability to government entities or employees from certain lawsuits. Governmental immunity varies by jurisdiction and typically applies to protect government agencies from liability for acts or omissions during the course of their official duties.

Gross Negligence A higher level of negligence characterized by extreme recklessness or intentional misconduct. Gross negligence goes beyond ordinary negligence and may result in increased damages or liability.

Guardian ad Litem A person appointed by the court to represent the interests of a minor or incapacitated individual in a personal injury lawsuit. The guardian ad litem ensures the individual’s rights are protected and acts in their best interest.

Hazard A hazard refers to any condition, circumstance, or situation that poses a potential risk of harm or injury to individuals. Hazards can encompass a wide range of factors, such as unsafe premises, defective products, negligent actions, or other conditions that may lead to accidents and injuries.

Health Insurance Lien A health insurance lien refers to a legal claim on interest asserted by a health insurance provider on a personal injury settlement or judgment. When an individual covered by health insurance incurs medical expenses due to a personal injury, the health insurance company may have the right to seek reimbursement for the costs they covered.

Hearsay Hearsay refers to an out-of-court statement or testimony offered in court for the purpose of proving the truth of the matter asserted, but relayed by someone who did not personally witness the event. Hearsay evidence is generally considered unreliable and is often excluded from legal proceedings because it lacks the opportunity for cross-examination.

Hit and Run A hit-and run accident refers to a situation where a motor vehicle operator involved in an accident leaves the scene without stopping to provide their identification, render assistance to injured parties, or exchange information with other involved parties. Hit-and-run incidents can complicate legal proceedings, as identifying the responsible party becomes challenging.

Impeachment Impeachment is the process of challenging the credibility or truthfulness of a witness’s testimony. It involves presenting evidence or cross-examining the witness to show inconsistencies, contradictions, or bias that may undermine their credibility.

Inadmissible Evidence Evidence that is not permitted to be presented or considered in court due to legal rules or objections. Inadmissible evidence may be excluded if it is irrelevant, hearsay, obtained unlawfully, or in violation of the rules of evidence.

In Camera In Camera refers to a private or closed-door session in which a judge reviews sensitive or confidential information or holds a hearing away from the public. It is often done to protect privacy or maintain the confidentiality of certain matters.

Independent Medical Examinations (IME) An examination conducted by a medical professional who is not involved in the injured party’s treatment. IMEs are typically requested by insurance companies or defense attorneys to assess the extent of injuries and their relationship to the personal injury claim.

Indemnity The legal principle of compensating a party for losses or damages incurred. Indemnity agreements may be included in contracts to allocate responsibility for potential liabilities arising from personal injury claims.

Informed Consent The legal requirement for healthcare providers to inform patients about the risks, benefits, and alternatives of a medical treatment or procedure before obtaining the patient’s agreement or consent to proceed.

Injunction A court order that prohibits or compels a party to do or refrain from doing a specific action. In personal injury cases, an injunction may be sought to prevent further harm or to preserve evidence.

Intentional Tort A deliberate act or wrongdoing committed by an individual with the intent to cause harm or injury to another person. Examples of intentional torts include assault, battery, false imprisonment, and intentional infliction of emotional distress.

Interrogatories Written questions submitted by one party to another during the discovery phase of a personal injury lawsuit. Interrogatories are used to obtain information and elicit responses under oath, which can be used as evidence during the trial.

Joinder Joinder is the process of combining multiple legal claims, parties, or causes of action into a single lawsuit. It allows related matters to be litigated together, promoting efficiency and avoiding inconsistent outcomes.

Joint and Several Liability This refers to a legal principle that holds multiple parties responsible for the full extent of damages caused to the injured party, regardless of each party’s individual level of fault.

Judicial Notice Judicial notice is a rule that allows a court to accept certain facts or information as true without requiring formal proof. It is often used to acknowledge well-known or commonly accepted facts that do not require evidence to establish their truth.

Judicial Review Judicial review is the process through which a higher court reviews the decision of a lower court to determine if there were any errors of law or abuses of discretion. This process can be relevant in personal injury cases when a party seeks to challenge a lower court’s decision.

Judgment A judgment is a final decision or ruling made by a court in a personal injury case, determining the liability and the amount of compensation awarded to the injured party.

Jurisdiction Jurisdiction refers to the authority of a court to hear and make decisions on a particular legal matter. In personal injury cases, jurisdiction determines which court has the power to hear and decide the case.

Jury A jury is a group of individuals selected from the community who are responsible for listening to the evidence presented in a personal injury trial and reaching a verdict based on that evidence.

Last Clear Chance Doctrine Joinder is the process of combining multiple legal claims, parties, or causes of action into a single lawsuit. It allows related matters to be litigated together, promoting efficiency and avoiding inconsistent outcomes.

Legal Duty Legal duty refers to the responsibility or obligation that a person or entity has to act in a certain way to prevent harm or injury to others. Breaching this duty can lead to legal liability in personal injury cases.

Liability Liability refers to legal responsibility or obligation for an action or event. In personal injury law, it typically pertains to the determination of who is at fault or legally responsible for causing an injury or accident.

Lien A lien refers to a legal claim or encumbrance placed on a monetary settlement or judgment awarded to a plaintiff. Typically asserted by a third party, such as a healthcare provider, insurer, or government entity, a lien grants the claimant the right to recover a specific amount from the settlement or judgment to cover outstanding debts related to medical expenses or other services provided.

Litigation Litigation is the process of resolving a legal dispute through the court system. It involves filing a lawsuit, conducting discovery, presenting evidence, and ultimately having the case decided by a judge or jury.

Loss of Consortium Loss of consortium refers to the claim made by a spouse or family member of an injured person, seeking compensation for the loss of companionship, support, affection, and intimacy resulting from the injury.

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Lost Wages Lost wages is a component of economic damages intended to compensate the injured party for the financial losses resulting from their past and future inability to work or perform their job duties. Lost wages may include salary, wages, bonuses, or any other forms of income that would have been earned if not for the injury.

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Mediation Mediation is a form of alternative dispute resolution (ADR) where a neutral third party, the mediator, helps facilitate negotiations between the parties to reach a mutually acceptable settlement. Mediation is often used to explore settlement options before or during litigation.

Medical Expenses Medical expenses refer to the costs incurred for medical treatment, including hospital stays, surgeries, doctor visits, medications, rehabilitation, and any other healthcare-related expenses resulting from an injury or accident.

Medical Lien A motion to compel is a request made by one party to the court seeking an order requiring the opposing party to comply with discovery requests or other obligations, such as providing requested documents or answering interrogatories.

Memorandum of Law A memorandum of law is a legal document that outlines the legal arguments, authorities, and analysis supporting a particular position or argument in a case. It serves as a written summary or brief, presenting the relevant legal principles, precedents, and statutes that support the party’s position on specific legal issues.

Merits The merits of a case refer to the substantive legal issues, facts, and arguments that are central to the dispute. When a court decides a case on the merits, it means the court has considered and decided the case based on the underlying legal claims and defenses.

Mistrial A mistrial occurs when a trial is terminated and declared invalid before its conclusion. This may happen due to serious procedural errors, misconduct, or circumstances that make it impossible to continue with a fair trial.

Motion to Compel A motion to compel is a request made by one party to the court seeking an order requiring the opposing party to comply with discovery requests or other obligations, such as providing requested documents or answering interrogatories.

Motion to Dismiss A motion to dismiss is a request made by the defendant asking the court to dismiss the case, typically arguing that the plaintiff’s complaint fails to state a valid legal claim or that there are other legal grounds for dismissal.

Motion in Limine A motion in limine is a pretrial motion made by either party to exclude certain evidence or arguments from being presented to the jury during trial. The purpose is to prevent the introduction of potentially prejudicial or irrelevant information.

Motion for Summary Judgment A motion for summary judgment is a request made by a party asking the court to decide the case in their favor based on the available evidence, without the need for a trial. The moving party asserts that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law.

Negligence Negligence refers to the failure of an individual or entity to exercise reasonable care, resulting in harm or injury to another person. To establish a negligence claim, the injured party must typically demonstrate four key elements: the existence of a duty of care, a breach of that duty, a causal connection between the breach and the injury, and actual damages suffered as a result.

Negligence Per Se Negligence per se refers to a legal doctrine wherein a person is considered automatically negligent if they violate a statute or regulation designed to protect the public from a particular type of harm.

Negligent Hiring Negligent hiring refers to a legal claim that arises when an employer is held responsible for injuries caused by an employee due to the employer’s failure to exercise reasonable care in the hiring process. This claim asserts that the employer knew or should have known about the employee’s unfit or dangerous qualities, such as a history of violence, incompetence, or a lack of necessary qualifications.

Negligent Infliction of Emotional Distress Negligent Infliction of Emotional Distress refers to a legal claim that arises when an individual suffers significant emotional harm due to the negligent actions of another party. Unlike traditional personal injury claims where physical injury is the primary focus, NIED cases center on the emotional or psychological impact resulting from the defendant’s negligence.

Neuropsychological Evaluation A neuropsychological evaluation is a comprehensive assessment conducted by a qualified neuropsychologist to examine and analyze the cognitive and psychological functioning of an individual who has experienced a brain injury or other neurological trauma. This evaluation aims to identify and document any changes or impairments in cognitive abilities, emotional well-being, and behavior resulting from the injury.

No Fault Under New York’s No-Fault system, regardless who was at fault, individuals involved in an accident are entitled to receive reimbursement from their own insurance companies for certain out-of-pocket costs such as medical bills as well as a percentage of lost wages. The availability of reimbursement is also subject to Independent Medical Examinations arranged by the insurance company to assess causation and the need for ongoing treatment. The insurance companies maximum reimbursement obligation is $50,000 after which the claimant must pursue legal action to recoup further medical expenses, lost wages as well as other economic and non-economic damages. This approach aims to streamline the claims process, reduce litigation, and ensure prompt payment of benefits to injured parties. In exchange for readily available benefits, New York law limits the right to sustain legal action unless the claimant meets a specific threshold of injury.

Non-Delegable Duty A non-delegable duty refers to a legal obligation that cannot be transferred or assigned by the responsible party to another entity. This duty typically involves ensuring the safety or well-being of individuals in specific circumstances, such as in the operation of certain businesses or activities. Even if the party with the duty engages third parties or subcontractors, they remain ultimately responsible for fulfilling and ensuring the non-delegable duty.

Non-Economic Damages Non-economic damages refer to compensation sought for intangible losses that are not easily quantifiable in monetary terms. These damages include elements such as pain and suffering, emotional distress, loss of companionship, and diminished quality of life. Unlike economic damages, which cover measurable financial losses such as medical expenses or lost wages, non-economic damages aim to provide restitution for the subjective and non-monetary aspects of the plaintiff’s suffering or hardship resulting from the injury.

Notice to Admit A Notice to Admit is a legal document used by one party to request that the other party formally admit or deny certain facts relevant to the case. It is a procedural tool designed to streamline the litigation process by narrowing the issues in dispute.

Notice of Claim New York Law requires injury victims file a Notice of Claim within the first 90 days following an accident in order to preserve a cause of action against the State or a municipal entity. Notices of Claim set forth the specifics of the incident including date, time and place. They also assert an overview of the injuries sustained so that the State or municipal entity can begin investigating the claim while relevant evidence is more likely to be available.

Notice for Discovery and Inspection A Notice for Discovery and Inspection is a formal legal document served by one party to another, requesting the disclosure of specific documents, records, or tangible items related to the pending litigation. This process is part of the discovery phase, where both parties exchange relevant information to build their cases. The party issuing the notice seeks access to materials that may be crucial for understanding the facts of the case, evaluating evidence, and preparing for trial.

Objection An objection is a formal protest made by an attorney during a trial or deposition to challenge the admissibility of evidence, the credibility of a witness, or the legality of a question or statement. It is a way to raise a legal issue and request that the court rule on it.

Open and Obvious Open and obvious is a legal principle that states that a hazard or danger was readily visible and apparent to a reasonable person. In personal injury cases, the defendant may argue that the hazard was open and obvious, reducing or eliminating their liability for any resulting injuries.

Opening Statement An opening statement is a presentation made by an attorney at the beginning of a trial to outline their case and provide an overview of the evidence they intend to present. It serves as an introduction to the jury or judge and sets the stage for the trial.

Oral Argument Oral argument is the opportunity for attorneys to present their legal arguments and positions before a court. It typically occurs after written briefs have been submitted, allowing attorneys to elaborate on their arguments, respond to questions from the judges, and address any concerns raised.

Order An order is a written directive issued by a judge or court, containing specific instructions or rulings related to a case. It may address various matters such as discovery, motions, scheduling, or other procedural issues. Compliance with court orders is typically required.

Order to Show Cause An order to show cause is a court order that requires a party to appear before the court and present a valid reason or justification for a particular action or inaction. It may be issued to address issues such as contempt of court, violation of a court order, or the need for immediate action.

Out-of-Pocket Expenses Out-of-pocket expenses are the costs incurred by an injured person that are not reimbursed by insurance or other sources. These expenses may include medical bills, prescription medications, transportation costs, and other related costs arising from the injury.

Overrule Overrule is a term used when a judge rejects or disallows an objection made by an attorney. When an objection is overruled, it means the court allows the questioned evidence or testimony to be presented.

Pain and Suffering Pain and suffering refers to the physical and emotional distress experienced by an injured person as a result of an accident or injury. It is a type of non-economic damage that may be compensable in a personal injury claim.

Peremptory Challenge A peremptory challenge is the right of either party to remove a potential juror from the jury pool without providing a reason. The number of peremptory challenges available to each side may be limited by law.

Personal Injury Protection (PIP) Personal Injury Protection, commonly known as PIP, is a type of auto insurance coverage that provides benefits for medical expenses, lost wages, and other related costs regardless of who is at fault in an accident. PIP is mandatory in some jurisdictions.

Personal Jurisdiction Personal jurisdiction refers to the court’s authority or power to hear and make decisions in a case involving a particular defendant. It is the court’s ability to assert its jurisdiction over the defendant and require them to appear and defend themselves in the lawsuit.

Plaintiff The plaintiff is the party who initiates a lawsuit by filing a complaint against another party, seeking legal remedies for alleged harm or injury. The plaintiff is often referred to as the “claimant” or “complainant.”

Pleadings Pleadings are the formal written documents that outline the claims, defenses, and allegations of the parties involved in a lawsuit. Pleadings typically include the complaint, answer, counterclaim, and reply.

Pre-Existing Condition A pre-existing condition is a health condition or injury that existed before the accident or incident in question. In personal injury cases, the defendant may argue that the plaintiff’s injuries were not solely caused by the accident but were partly or entirely attributable to pre-existing conditions.

Preliminary Conference A preliminary conference is an initial meeting between the parties involved in the litigation and the court. It is typically conducted early in the legal process to facilitate case management and establish a framework for the progression of the lawsuit.

Premises Liability Premises liability refers to the legal responsibility of a property owner or occupier to ensure the safety of individuals on their premises. If someone is injured due to a dangerous condition on the property, the owner or occupier may be held liable for their injuries.

Preponderance of the Evidence Preponderance of the evidence is the standard of proof in civil cases. It means that the evidence presented by one party is more convincing or persuasive than the evidence presented by the opposing party. In personal injury cases, the plaintiff must prove their case by a preponderance of the evidence.

Pre-Trial Conference A pretrial conference is a meeting held before a trial between the parties involved and the judge to discuss case management, narrow down issues, explore settlement possibilities, and prepare for trial. It allows for the resolution of procedural matters and promotes efficient case progress.

Privilege Privilege is a legal protection that prevents certain communications or information from being disclosed in court. Attorney-client privilege, doctor-patient privilege, and spousal privilege are examples of privileges that may apply in litigation.

Pro Se Pro se refers to representing oneself in a legal matter without the assistance of an attorney. It is derived from the Latin phrase “in propria persona,” meaning “in one’s own person.” Pro se litigants are responsible for handling their own case, including filing documents and presenting arguments in court.

Protective Order A protective order is a court order that limits or restricts the disclosure or use of certain information or documents in litigation. It is often used to protect sensitive or confidential information from being shared or misused.

Proximate Cause Proximate cause refers to the legal concept that establishes a link between the defendant’s actions or negligence and the plaintiff’s injuries. To prove proximate cause, it must be shown that the defendant’s conduct was a substantial factor in causing the plaintiff’s harm.

Punitive Damages Punitive damages are awarded in addition to compensatory damages in cases where the defendant’s conduct is deemed particularly egregious or reckless. Punitive damages are intended to punish the defendant and deter others from engaging in similar behavior.

Rebuttal Rebuttal is the process by which one party presents evidence or arguments to contradict or counter the evidence or arguments presented by the opposing party. Rebuttal typically occurs after the opposing party has presented their case-in-chief.

Reasonable Care Reasonable care refers to the level of care that a prudent and cautious person would exercise in similar circumstances. In personal injury cases, it is often used as a standard to assess whether a person’s actions met the expected level of care to avoid causing harm to others.

Release In litigation, a release is a legally binding document that releases or discharges a party from liability or legal claims. It is often used as part of a settlement agreement, where one party releases the other party from further claims or actions related to the dispute.

Remand Remand refers to the act of sending a case back to a lower court or a different tribunal for further proceedings. This can happen when an appellate court reverses or vacates a previous decision and returns the case for reconsideration or new trial.

Removal Removal is the process by which a case is transferred from state court to federal court. It typically occurs when a defendant moves the case from state court to federal court based on the assertion that the case involves a federal question or there is diversity jurisdiction.

Respondeat Superior Respondeat superior is a legal doctrine that holds employers vicariously liable for the negligent acts or omissions of their employees that occur within the scope of their employment. It allows an injured party to seek compensation from the employer for the actions of their employee.

Res Ipsa Loquitor A legal doctrine that allows the plaintiff to establish a presumption of negligence based on the circumstances surrounding the accident or injury. Res ipsa loquitur is Latin for “the thing speaks for itself.”

Res Judicata Res judicata, which means “a matter already judged,” is a legal doctrine that prohibits the same matter from being re-litigated between the same parties once a final judgment has been reached. It prevents the parties from bringing the same claim or issue to court again.

Retainer A retainer is a fee paid to an attorney to secure their services for a particular legal matter. It is often an upfront payment or deposit that is held in a client trust account and used to cover legal fees and expenses as the case progresses.

Serious Injury Threshold A legal requirement that must be met for a personal injury plaintiff to bring a lawsuit seeking non-economic damages, such as pain and suffering, in certain types of cases. It is a threshold established by the New York State law known as the New York Insurance Law § 5102(d).

Service of Process Service of process is the formal delivery of legal documents, such as summonses, complaints, or subpoenas, to the parties involved in a lawsuit. Proper service of process ensures that all parties are notified of the legal proceedings against them and have an opportunity to respond.

Settlement Conference A settlement conference is a meeting between parties involved in a lawsuit, along with their attorneys, to discuss the possibility of reaching a settlement or resolving the dispute before trial. The court may facilitate the settlement conference, or it may be conducted through alternative dispute resolution methods.

Settlement A settlement refers to a resolution reached between parties involved in a legal dispute, typically the injured party and the party alleged to be at fault. Instead of proceeding to a trial, the parties agree to resolve the case by reaching a mutually acceptable agreement. The settlement often involves the payment of compensation by the defendant to the plaintiff, in exchange for the latter agreeing to drop the lawsuit and release the defendant from further liability related to the specific incident or injury.

Slip and Fall Slip and Fall refers to a type of personal injury claim arising from a person slipping, tripping, or falling due to hazardous conditions on someone else’s property. Common causes include wet floors, uneven surfaces, inadequate lighting, or obstacles in walkways.

Spoliation Spoliation occurs when a party fails to preserve or maintain evidence that could potentially be used in litigation.

Standard of Care Standard of Care refers to the level of care and skill that a reasonably competent healthcare professional or other person in a similar position would provide under similar circumstances. In personal injury cases, it is used to evaluate whether a defendant’s actions or omissions breached the standard of care, resulting in injury or harm.

Statute of Limitations The statute of limitations is a legal time limit set by law, which specifies the period within which a lawsuit must be filed after an injury, incident, or cause of action arises. Failing to file a claim within the statute of limitations can result in the loss of the right to pursue legal action.

Stay of Proceedings A stay of proceedings is a court order that temporarily suspends or halts the progress of a lawsuit or specific legal proceedings. It may be granted for various reasons, such as pending settlement negotiations, the need to address related issues in another court, or to await the outcome of a related case.

Stipulation of Discontinuance A legal document signed by the parties involved to voluntarily end the lawsuit and dismiss the case.

Stipulation A stipulation is an agreement between parties involved in a lawsuit, typically made in writing and submitted to the court. Stipulations can address various matters, such as the admission of certain facts, the extension of deadlines, or procedural matters, and can help streamline the litigation process.

Strict Liability Strict Liability is a legal doctrine that holds a party responsible for damages or injuries, regardless of fault or negligence, based on the inherently dangerous nature of an activity or product. It is commonly applied in cases involving defective products or certain hazardous activities.

Subject Matter Jurisdiction The authority of a particular court to hear and decide cases involving the specific type of legal claims or issues raised in the lawsuit. It pertains to whether the court has the power to adjudicate and make rulings on the subject matter or nature of the dispute.

Subpoena A subpoena is a legal document issued by a court that commands a person to appear in court as a witness or produce certain documents or evidence relevant to a case. Failure to comply with a subpoena can result in penalties.

Subrogation Subrogation is the legal process by which an insurance company that has paid a claim on behalf of an insured person seeks reimbursement from the responsible party. It allows the insurance company to “step into the shoes” of the insured and pursue legal action to recover the amount paid.

Substitution of Counsel Substitution of counsel refers to the process of replacing one attorney with another during the course of litigation. It may occur due to various reasons, such as conflicts of interest, breakdown of attorney-client relationship, or the need for specialized expertise.

Summary Judgment Summary judgment is a ruling made by a court based on the evidence presented before trial, concluding that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. It allows the case to be resolved without a full trial.

Superceding It is an intervening event that becomes the primary cause of the plaintiff’s harm, thereby superseding the defendant’s actions or negligence.

Surveillance Surveillance involves the monitoring and observation of an individual’s activities, typically conducted by an insurance company or the defense in a personal injury case. Surveillance may be used to gather evidence to dispute the severity or legitimacy of the claimed injuries.

Temporary Restraining Order (TRO) A Temporary Restraining Order, or TRO, is a court order issued on an emergency basis to provide immediate relief or protection in urgent situations. It is typically granted for a short duration, usually until a hearing can be held to determine whether a longer-term injunction is necessary.

Testimony Testimony refers to the oral or written statements given by a witness under oath during a legal proceeding, such as a deposition, hearing, or trial. Testimony is used as evidence to support or refute claims and to establish facts in the case.

Third-Party Claim A Third-Party Claim refers to a claim filed by an injured party against someone other than their employer or the party directly responsible for causing the injury. For example, in a workplace accident, if the injury was caused by a defective product, the injured party may file a third-party claim against the product manufacturer.

Tort A Tort refers to a wrongful act or omission that causes harm or injury to another person. Personal injury cases often involve tort claims, where the injured party seeks compensation for the harm suffered due to someone else’s negligence, intentional misconduct, or strict liability.

Tortfeasor A Tortfeasor is a person or entity that commits a tort or is responsible for causing harm or injury to another person. In personal injury cases, the tortfeasor is typically the defendant against whom the injured party brings a claim seeking compensation.

Toxic Tort A Toxic Tort is a personal injury claim that arises from exposure to hazardous substances or toxic materials. These substances can include asbestos, lead, chemicals, pharmaceutical drugs, or environmental pollutants. Toxic tort claims typically involve proving that the exposure caused the injury or illness.

Transcripts Transcripts are written or typed records of court proceedings, including hearings, depositions, and trials. Transcripts provide an accurate and detailed account of what was said during the proceedings and can be used for reference or as evidence in subsequent stages of litigation.

Trial A Trial is a formal court proceeding where parties present their evidence, arguments, and defenses before a judge or jury. In personal injury cases that proceed to trial, the judge or jury evaluates the evidence and makes a decision on liability and damages.

Umbrella Umbrella Insurance is a type of liability insurance that provides additional coverage beyond the limits of the primary insurance policies. It can offer increased protection in personal injury cases where the damages exceed the limits of other applicable insurance policies.

Underinsured Motorist (UIM) Underinsured Motorist coverage is an insurance provision that offers additional compensation to an insured person when the at-fault party’s liability insurance coverage is insufficient to cover the full extent of the injuries and damages. UIM coverage bridges the gap between the at-fault party’s coverage and the actual damages.

Uninsured Motorist (UM) Uninsured Motorist coverage is an insurance policy provision that provides compensation to an insured person who is injured by a motorist who does not have liability insurance.

Unreasonable Risk Unreasonable Risk refers to a hazard or danger that is considered to be excessive or beyond what is deemed reasonable or acceptable under the circumstances. In personal injury cases, the existence of an unreasonable risk can be used to establish negligence or liability on the part of the responsible party.

Venue Venue refers to the specific geographic location or jurisdiction where a legal case is heard or tried. In personal injury cases, venue determines the appropriate court where the lawsuit should be filed based on factors such as the location of the incident, the parties involved, or the applicable laws.

Verdict A Verdict is the formal decision or finding made by a judge or jury at the end of a trial. It determines the outcome of the case and may include a determination of liability and the amount of damages awarded to the injured party.

Vicarious Liability Vicarious Liability is a legal concept that holds one party responsible for the actions or negligence of another person or entity. It often applies in personal injury cases where an employer is held liable for the wrongful acts or negligence of their employees committed within the scope of employment.

Voir Dire Voir Dire is the process of jury selection in a trial, where attorneys question potential jurors to assess their qualifications, biases, or potential prejudices. Voir dire aims to ensure a fair and impartial jury for the personal injury case.

Waiver A Waiver is a voluntary and intentional relinquishment of a right, claim, or privilege. In personal injury cases, a waiver may be used as a defense by the defendant, asserting that the injured party knowingly and willingly assumed the risks associated with a particular activity or situation.

Warranty A Warranty is a guarantee or assurance provided by a manufacturer or seller about the quality, performance, or safety of a product. In personal injury cases, breach of warranty claims can arise when a product fails to meet the promised standards, resulting in injuries or damages.

With Prejudice With Prejudice is a legal term used to indicate that a claim, case, or motion has been dismissed permanently, barring the party from bringing the same claim or case again in the future. A dismissal with prejudice typically occurs when a case has been resolved on its merits or due to a settlement.

Without Prejudice Without Prejudice is a legal term used to indicate that a claim, case, or motion has been dismissed, but the party is not barred from bringing the same claim or case again in the future. A dismissal without prejudice allows for the possibility of refiling the claim or case later.

Witness A Witness is a person who provides testimony or evidence in a personal injury case based on their firsthand knowledge or observation of the incident or relevant facts. Witnesses can be crucial in establishing liability, supporting the injured party’s claims, or challenging the opposing party’s version of events.

Worksite Hazard A Worksite Hazard refers to a dangerous condition or risk present at a workplace that has the potential to cause injury or harm to employees. Employers have a responsibility to identify and mitigate worksite hazards to ensure a safe working environment for their employees.

Workers’ Compensation Workers’ Compensation is a form of insurance that provides medical benefits and wage replacement to employees who suffer work-related injuries or illnesses. It is designed to protect employees and provide them with necessary financial support during their recovery.

Wrap-Up Insurance Wrap-Up Insurance, also known as Owner-Controlled Insurance Programs (OCIPs) or Contractor-Controlled Insurance Programs (CCIPs), is a type of insurance policy that provides coverage for multiple parties involved in a construction project. It offers liability protection for personal injuries and property damage occurring during the project.

Writ of Execution A Writ of Execution is a court order authorizing the enforcement of a judgment or legal obligation. It allows a judgment creditor to take specific actions to collect the awarded damages, such as seizing assets, garnishing wages, or placing liens on property.

Wrongful Death Wrongful Death refers to a claim or lawsuit filed by the surviving family members or beneficiaries of a person who has died as a result of another party’s negligence, intentional misconduct, or wrongful act. Wrongful death claims seek compensation for the losses suffered due to the untimely death of a loved one.

Zone of Danger The Zone of Danger refers to a legal concept that determines whether an individual who witnessed a traumatic event, such as an accident or injury, can recover damages for emotional distress. In some jurisdictions, individuals must be in immediate risk of physical harm or within the zone of danger to be eligible for compensation.