A
Accident Report:
An accident report will often contain some or all of the following information: identifying information for parties involved in the car accident, including names, addresses, phone numbers, and insurance information, witness information, and location of damage to the vehicles involved in the accident.
Act of God:
In legal usage, an act of God is a natural hazard outside human control, such as an earthquake or tsunami, for which no person can be held responsible. An act of God may amount to an exception to liability in contracts or it may be an “insured peril” in an insurance policy.
Arbitration:
An arbitration clause in a contract is generally viewed as an expression that the parties agreed to arbitrate disagreements within the scope of the arbitration clause; and with limited exceptions, an arbitration clause is to be upheld just as any other provision in a contract should be respected.
Accident Insurance:
The words “accident” and “accidental,” as used in insurance contracts, mean that which happens by chance or fortuitously, without intention or design, and which is unexpected, unusual, and unforeseen. Under Florida law, the term “accident” encompasses not only accidental events, but also injuries or damage neither expected nor intended from the standpoint of the insured.
Attorney-Client Privilege:
The attorney-client relationship is formed when a prospective client meets with a lawyer to seek legal advice. Even if the relationship does not continue after the initial meeting, the lawyer is still bound by the duty of confidentiality and the attorney-client privilege not to disclose any information discussed.
Alternative Dispute Resolution:
Alternative dispute resolution describes the techniques or procedures for resolving disputes short of trial in the public courts. Alternative dispute resolution procedures may be adjudicatory or non adjudicatory. Adjudicatory in nature, arbitration most resembles traditional litigation. Presentations are made to one or more neutral decision makers who make a binding award.
Assignment of Benefits:
An AOB is an agreement that transfers the insurance claims rights or benefits of the policy to a third party. An AOB gives the third-party authority to file a claim, make repair decisions, and collect insurance payments without the involvement of the homeowner. AOBs have been used with life and health insurance policies for many years.
Appeal:
A proceeding undertaken to have a decision reconsidered by a higher authority; especially the submission of a lower court’s or agency’s decision to a higher court for review and possible reversal.
B
Burden of Proof:
A party’s duty to prove a disputed assertion or charge; a proposition regarding which of two contending litigants loses when there is no evidence on a question or when the answer is simply too difficult to find.
Bodily Injury:
This term appears in most commercial auto, general liability, and commercial umbrella policies. Many policies contain the same definition for bodily injury. Bodily injury means “bodily injury, sickness, or disease sustained by a person, including death resulting from any of these at any time.” Bodily injury includes illness and disease as well as physical injury. It also includes death if death results from bodily injury, sickness, or disease. Death that results from unexplained causes does not usually qualify.
C
Causation:
The causing or producing an effect. The plaintiff must prove causation. A situation in which two or more events or conditions each would have been sufficient to produce an injurious result, so that none of the events or conditions alone will emerge as a cause of the result through application of the but-for test for actual causation.
Claim Adjuster:
One appointed to ascertain, arrange, or settle a matter; especially an independent agent or employee of an insurance company who investigates claimed losses, and negotiates and settles claims against the insurer. On the other hand, an independent adjuster who solicits business from more than one insurance company; one who is not employed by, and does not work exclusively for one insurance company.
Complaint:
A complaint is the first document filed with the court (actually with the County Clerk or Clerk of the Court) by a person or entity claiming legal rights against another. The party filing the complaint is usually called the plaintiff and the party against whom the complaint is filed is called the defendant or defendants. Complaints are pleadings and must be drafted carefully (usually by an attorney) to properly state the factual as well as legal basis for the claim, although some states have approved complaint forms which can be filled in by an individual. A complaint also must follow statutory requirements as to form.
Contingency Fee:
A fee charged for a lawyer’s services only if the lawsuit is successful or is favorably settled out of court. A contingency fee is a type of payment to your attorney that only occurs when you receive some kind of monetary recovery in your case — your personal injury case settles, or you win your case at trial. To put it another way, with a contingency fee, payment for your attorney’s services is “contingent upon” your receiving some amount of compensation.
Claim:
To make a claim is to make a demand for money, property, or for enforcement of a right provided by law or the making of a demand (asserting a claim) for money due, for property, from damages or for enforcement of a right. If such a demand is not honored, it may result in a lawsuit.
Compensable Injury:
Depending on the laws in your state, to be considered compensable and therefore eligible for workers’ compensation, injuries must generally have happened to an employee, not a vendor or independent contractor, be the result of a workplace injury or illness during the course of employment, and result in impairment and/or lost wages.
Compulsory Medical Examination:
An inspection of or investigation into the state of a person’s health, or of part of the body, often involving the testing of fluids, tissues, and motor responses, as well as the gathering of information about lifestyle and health history. An independent medical examination. A medical examination made by an impartial healthcare professional, usually a physician.
Contusion:
A contusion happens when an injured capillary or blood vessel leaks blood into the surrounding area. Contusions are a type of hematoma, which refers to any collection of blood outside of a blood vessel. While the term contusion might sound serious, it’s just a medical term for the common bruise.
D
Damages:
Damages are the amount of money which a plaintiff (the person suing) may be awarded in a lawsuit. There are many types of damages. Special damages are those which actually were caused by the injury and include medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs. monetary recovery (money won) in a lawsuit for injuries suffered (such as pain, suffering, inability to perform certain functions) or breach of contract for which there is no exact dollar value which can be calculated. Damages are the sum of money which a person wronged is entitled to receive from the wrongdoer as compensation for the wrong.
- Economic Damages: Economic damages are damages recovered in payment for actual injury or economic loss, which does not include punitive damages (as added damages due to malicious or grossly negligent action).
- Non-economic damages: Non-economic damages are a sum of money adjudged to be paid by one person to another as compensation for a loss sustained by the latter in consequence of an injury committed by the former or the violation of some right.
- Punitive Damages: Punitive damages are awarded in a lawsuit as a punishment and example to others for malicious, evil or particularly fraudulent acts.
Deductible:
The amount you pay for covered health care services before your insurance plan starts to pay. With a $2,000 deductible, for example, you pay the first $2,000 of covered services yourself. After you pay your deductible, you usually pay only a copayment or coinsurance for covered services. Your insurance company pays the rest.
Defective Medication:
As in all product liability claims, defective drug claims are based on three defect categories: manufacturing defects, design defects, and failure to warn. A manufacturing defect occurs when the pharmaceutical drug is manufactured improperly or the drug has become contaminated during the process and causes harm to the end user. Design defects occur when a pharmaceutical drug was manufactured correctly, but the side effects caused by the drug cause harm or injury. A Failure to Warn defect occurs when there is a failure to provide sufficient or appropriate instructions, warnings, or recommendations for the use of the drug. Defective drug claims can result in a great many different defendants: the manufacturer; testing laboratory; pharmaceutical sales representative; prescribing physician; clinic or hospital; and the pharmacy. When suing a hospital or physician for a drug product liability claim, the plaintiff may also have a medical malpractice claim.
Demand Letter:
A demand letter, or letter of demand (of payment), is a letter stating a legal claim (usually drafted by a lawyer) which makes a demand for restitution or performance of some obligation, owing to the recipients’ alleged breach of contract, or for a legal wrong.
Disclosure:
The act or process of making known something that was previously unknown; a revelation of facts. In federal practice, the requirement that parties make available to each other the following information without first receiving a discovery request: (1) the names, addresses, and telephone numbers of persons likely to have relevant, discoverable information, (2) a copy or description of all relevant documents, data compilations, and tangible items in the party’s possession, custody, or control, (3) a damages computation, and (4) any relevant insurance agreements.
Driving Under the Influence (DUI):
DUI is an acronym for “driving under the influence.” DWI stands for “driving while intoxicated,” or in some cases, “driving while impaired.” The terms can have different meanings or they can refer to the same offense, depending on the state in which you were pulled over. It is a crime in every state for a motorist to operate a vehicle while impaired by the effects of alcohol or other drugs, including prescription medications. Depending on the state, the offense is called driving under the influence (DUI), driving while intoxicated (DWI), or a similar term.
Defendant:
A defendant is a person accused of committing a crime in criminal prosecution or a person against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another.
Deposition:
A witness’s out-of-court testimony that is reduced to writing (usually by a court reporter) for later use in court or for discovery purposes. In modern practice it means the testimony of a witness given or taken down in writing, under oath or affirmation, before a commissioner, examiner, or other judicial officer, in answer to interrogatories and cross-interrogatories, and usually subscribed by the witness. A deposition is therefore distinguished from an affidavit, which is always an ex parte statement drawn up in writing without any formal interrogation, and signed and sworn to by the party making it, although in affidavits the party making it is constantly called a deponent, and said to depose.
Distracted Driving:
Distracted driving refers to the act of driving while engaging in other activities which distract the driver’s attention away from the road. Distractions are shown to compromise the safety of the driver, passengers, pedestrians, and people in other vehicles.
Drunk Driving:
Driving while under the influence of alcohol is a criminal offense in Florida. The offense is proved by impairment of “normal faculties” or unlawful blood alcohol or breath alcohol level. A DUI can be issued for simply drinking too much alcohol or being under the influence of a drug (legal or illegal). The law in the state of Florida is that a person cannot operate a vehicle if their BAC level is at or above .08. A driver is considered to be in possession of or to be operating a motor vehicle, if they are within reach of the keys for the vehicle and could drive off at any moment.
Duty of Care:
In general, a duty of care is owed to all foreseeable persons who may foreseeably be injured by the defendant’s failure to act as a reasonable person of ordinary prudence under the circumstances. Generally, there is no duty to act affirmatively, even if the failure to act appears to be unreasonable.
E
Excess Judgement:
A judgment that exceeds all of the defendant’s insurance coverage. Excess judgment loss is the amount of additional loss that an insurer is required to pay above the policy limit. This is often due to actions on the part of the insurance company that are found to be in violation of good business practices.
Exhaustion of Benefits:
Exhausting your benefits means that you’ve reached the maximum benefits your state law allows you to collect for the year. Once an insurance company has paid all valid claims for PIP, the benefits are then exhausted and an insurer is no longer obligated to pay any further claims or litigate those claims so long as bad faith is not alleged.
Expert Witness:
The term witness in its strict legal sense, means one who gives evidence in a cause before a court; and in its general sense includes all persons from whose lips testimony is extracted to be used in any judicial proceeding, and so includes deponents and affiants as well as persons delivering oral testimony before a court or jury.
Emergency Medical Condition:
An emergency medical condition is defined as a medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention could reasonably be expected to result in serious jeopardy to patient health.
Exemplary Damages:
Damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit; specifically damages assessed by way of penalizing the wrongdoer or making an example to others. Punitive damages, which are intended to punish and thereby deter blameworthy conduct, are generally not recoverable for breach of contract. The Supreme Court has held that three guidelines help determine whether a punitive-damages award violates constitutional due process:
(1) the reprehensibility of the conduct being punished; (
2) the reasonableness of the relationship between the harm and the award; and
(3) the difference between the award and the civil penalties authorized in comparable cases.
F
Fault:
Fault is a negligent or intentional failure to act reasonably or according to law or duty. It is an improper act or omission causing injury to another and arising from ignorance, carelessness, or negligence. Fault may be gross, ordinary, and slight. Gross fault or neglect consists in not observing that care towards others which a least attentive person usually takes of his/her own affairs.
First-Party Claim:
A first-party insurance claim is when a policyholder files a claim with their own insurance company. A first-party insurance claim is between the policyholder (the first party) and the insurance company (the second party). These are contractual claims that are contingent on the specific language of the insurance policy (i.e., contract). An example of a first-party insurance claim would be a homeowner who suffers fire damage to his or her home.
Field Adjuster:
A field adjuster investigates insurance claims to determine the extent of the insuring company’s liability. Claims adjusters may handle property claims involving damage to structures, and/or liability claims involving personal injuries or third-person property damage. A field adjuster reviews each case by speaking with the claimant, interviewing any witnesses, researching records (such as police or medical records) and inspecting any involved property.
I
Insurance:
A contract by which one party (the insurer) undertakes to indemnify another party (the insured) against the risk of loss, damage, or liability arising from the occurrence of some specified contingency. An insured party usually pays a premium to the insurer in exchange for the insurer’s assumption of the insured’s risk. Although indemnification provisions are most common in insurance policies, parties to any type of contract may agree on indemnification arrangements.
Insurer:
An insurer is a party who agrees to compensate people, companies, or other organizations for specific financial losses. This service is typically provided for an exchange of payments called premiums. The exact perils that are covered and the exact cost of the premiums are laid out in the contractual agreement between the insurer and the insured. Insurers are often large companies who insure many different parties. The more premiums that an insurer has coming in, the more money it has available to pay out claims if there is a need to do so.
Insured:
The insured receives a contract, called the insurance policy, which details the conditions and circumstances under which the insurer will compensate the insured. The amount of money charged by the insurer to the policyholder for the coverage set forth in the insurance policy is called the premium. If the insured experiences a loss which is potentially covered by the insurance policy, the insured submits a claim to the insurer for processing by a claims adjuster.
Interrogatories:
A written question (in a set of questions) submitted to an opposing party in a lawsuit as part of discovery. The interrogatories must be answered by the party to whom they are directed; or if that party is a public or private corporation, a partnership, an association, or a governmental agency, by any officer or agent, who must furnish the information available to the party. An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact.
J
Judgement:
A court’s final determination of the rights and obligations of the parties in a case. The term judgment includes an equitable decree and any order from which an appeal lies.
K
Known Loss Rule:
Known Loss Doctrine Definition is a principle of insurance law which prevents an insured from coverage if the insured knew the loss was probable at the time of the insurance contract. It is often referred to as the known loss doctrine and also as the known loss rule, the principle of insurance practice that states that coverage may not be obtained against a loss that has already occurred and that is known to the person seeking to obtain the coverage.
L
Legal Malpractice:
An instance of negligence or incompetence on the part of a professional. To succeed in a malpractice claim, a plaintiff must also prove proximate cause and damages. Basically, it is a lawyer’s failure to render professional services with the skill, prudence, and diligence that an ordinary and reasonable lawyer would use under similar circumstances.
Liability:
Liability insurance provides the insured party with protection against claims resulting from injuries and damage to people and/or property. Liability insurance policies cover both legal costs and any payouts for which the insured party would be responsible if found legally liable. Intentional damage and contractual liabilities are generally not covered in these types of policies.
Litigant:
A party to a lawsuit; the plaintiff or defendant in a court action, whether an individual, firm, corporation, or other entity. any party to a lawsuit. This means plaintiff, defendant, petitioner, respondent, cross-complainant, and cross-defendant, but not a witness or attorney.
Loss of Earnings:
Wages, salary, or other income that a person could have earned if he or she had not lost a job, suffered a disabling injury, or died. • Lost earnings are typically awarded as damages in personal-injury and wrongful-termination cases. There can be past lost earnings and future lost earnings. Both are subsets of this category, though legal writers sometimes loosely use future earnings as a synonym for lost earnings.
Letter of Protection:
A letter of protection is a guarantee of payment from a law firm to a doctor. The lawyer promises to make sure the doctor is paid for medical services provided to the lawyer’s client–the doctor’s patient– from any recovery the lawyer obtains for the client. A letter of protection does not authorize a lawyer to pay a client’s medical bills.
Limitation of Risk:
Risk limitation is a strategy designed to limit a company’s exposure by taking some action or series of actions. It is meant to lessen any negative consequence or impact of specific, known risks, and is most often used when risks are unavoidable. Overall, it is the maximum amount an insurer or reinsurer can be obligated to pay in any one loss event.
Litigation Risk:
Litigation risk is the possibility that legal action will be taken because of an individual’s or corporation’s actions, inaction, products, services, or other events. Corporations generally employ some type of litigation risk analysis and management to identify key areas where the litigation risk is high, and thereby take appropriate measures to limit or eliminate those risks. They vary wildly from jurisdiction to jurisdiction.
M
Malpractice:
Basically, it is a lawyer’s failure to render professional services with the skill, prudence, and diligence that an ordinary and reasonable lawyer would use under similar circumstances. A lawyer is prohibited from making an agreement prospectively limiting malpractice liability to a client, unless he is permitted by law to do so and the client is independently represented in making the agreement.
Mediation:
A method of nonbinding dispute resolution involving a neutral third party who tries to help the disputing parties reach a mutually agreeable solution. A process whereby a neutral country helps other countries peacefully resolve disputes between them.mSimply stated, mediation does not resolve a dispute, it merely helps the parties do so.
Mandate:
An order from an appellate court directing a lower court to take a specified action. A judicial command directed to an officer of the court to enforce a court order. The issuance of the mandate marks the end of appellate jurisdiction, since jurisdiction follows the mandate; that is, the effect of the mandate is to bring the proceedings in a case on appeal to a close and to remove it from the jurisdiction of the appellate court, returning it to the court below. Under the Rules of Appellate Procedure, the mandate is effective when issued.
Medical Malpractice:
An instance of negligence or incompetence on the part of a medical doctor. Medical malpractice is a legal cause of action that occurs when a medical or health care professional deviates from standards in his or her profession, thereby causing injury to a patient. To succeed in a medical malpractice claim, a plaintiff must also prove proximate cause and damages.
N
Negligence:
The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation; any conduct that falls below the legal standard established to protect others against unreasonable risk of harm, except for conduct that is intentionally, wantonly, or willfully disregardful of others’ rights; the doing of what a reasonable and prudent person would not do under the particular circumstances, or the failure to do what such a person would do under the circumstances. The elements necessary to recover damages for negligence are
(1) the existence of a duty on the part of the defendant to protect the plaintiff from the injury complained of, and
(2) an injury to the plaintiff from the defendant’s failure.
Negotiation:
A consensual bargaining process in which the parties attempt to reach agreement on a disputed or potentially disputed matter. Negotiation usually involves complete autonomy for the parties involved, without the intervention of third parties. Negotiations are basically dealings conducted between two or more parties for the purpose of reaching an understanding. Negotiations often include official discussions between the representatives of opposing groups that are trying to reach an agreement, especially in politics or business.
No-fault:
In terms of automobile liability insurance, Florida is a No-Fault insurance state. This term means that every driver must carry a minimum of $10,000 in Personal Injury Protection coverage. When a motorist gets into an accident, he or she can use this coverage to pay for losses sustained in an accident. Overall, No-Fault coverage protects and pays for the insured’s expenses in any accident; after No-Fault coverage is exhausted, the insured can turn to Medical Payments coverage; after Medical Payments coverage is exhausted and if not at fault, the insured can look to the other party’s liability insurance; and finally, should the opposing party’s limits be exhausted or nonexistent, Uninsured Motorist coverage can, within its limits, cover the rest.
Negligent Security:
Negligent security is a special type of premises liability claim where a person is injured by a third-party on another’s property. Often times an attacker will take advantage of the lack of lighting, fences, locks, security cameras, or security guards at a particular location to assault and rob unaware guests or passersby. In extreme cases, these assaults may result in catastrophic injury or death. A number of factors can contribute to unsafe conditions, including those created by third-party attacks.
O
Out-of-court Settlement:
In Civil Law, Settlement refers to the legal agreement adopted by opposing parties before or during court proceedings, spelling out the negotiated terms and obligations that all will accept to officially end a dispute. Most civil cases are decided not by trial, but by settlement. In civil cases, the parties may, without reference to the Court, at any time before final judgment, offer to settle or compromise all or any of the matters in issue between them.
P
Partial Disability:
Partial disability is defined as any type of disability in which a worker is unable to perform at full physical capacity. This is usually due to an on the job injury or due to illness. In terms of collecting disability payments or damages awards, there can be significant differences between total vs. partial disability. For partial disability, the legal remedies usually include compensation for lost wages due to the injury. However, it sometimes results in lower pay rates for the worker, as they may still be able to work, but are not able to perform the same types of tasks as before.
Personal Injury Protection (PIP):
Personal injury protection is an extension of car insurance available in some U.S. states that covers medical expenses and, in some cases, lost wages and other damages. In Florida, PIP stands for Personal Injury Protection, a type of no-fault insurance coverage that pays medical bills and lost wages in the event of a Florida accident. Understanding a Personal Injury Protection claim and PIP law in Florida are key, since this is the main form of insurance coverage for drivers of motor vehicles.
Pecuniary Damages:
Pecuniary damages are damages that have a discernible, quantifiable monetary amount attached to them. Examples include medical bills, property damage and loss of wages. These are typically things like pain and suffering, loss of quality of life, future wages and emotional distress.
Plaintiff:
The plaintiff is the person bringing a lawsuit to court, by filing a plea or motion. More frequently these days, in civil law cases, a plaintiff is often called a claimant. That is, the plaintiff or claimant is the person bringing a claim against another person. The term claimant is also used in arbitration cases.
Post-concussion Syndrome (PCS):
Post-concussion syndrome (PCS) is a set of symptoms that may continue for weeks, months, or a year or more after a concussion. It is a mild form of traumatic brain injury (TBI). The majority of PCS cases resolve after a period of time.
Prognosis Post-traumatic stress disorder (PTSD):
Post-traumatic stress disorder (PTSD) is an anxiety disorder that occurs following exposure to a traumatic event. The emotional and physical symptoms of PTSD occur in three clusters: re-experiencing the trauma, marked avoidance of usual activities, and increased symptoms of arousal. Before a diagnosis of PTSD can be made, the patient’s symptoms must significantly disrupt normal activities and last for more than one month.
Premises Liability:
Premises liability is the name for the area of law that determines who will be responsible for your injuries when a person or company owns or is in legal possession of a piece of property. Liability, under a cause of action for premises liability, is based on the negligence of the property owner or occupant in allowing licensees and invitees to enter an area on the property, without warning, where that owner or occupant could foresee that such persons might be injured by a dangerous condition on the property that is not readily apparent.
Preponderance of Evidence:
Preponderance of Evidence is the burden of proof in most civil trials, in which the jury is instructed to find for the party that, on the whole, has the stronger evidence, however slight the edge may be. The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.
Product Liability:
A manufacturer’s or seller’s tort liability for any damages or injuries suffered by a buyer, user, or bystander as a result of a defective product. Products liability can be based on a theory of negligence, strict liability, or breach of warranty. It is essentially a legal theory by which liability is imposed on the manufacturer or seller of a defective product.
Proximate Cause:
Proximate cause is a happening which results in an event, particularly injury due to negligence or intentional wrongful act. In order to prevail (win) in a lawsuit for damages due to negligence or some other wrong, it is essential to claim (plead) proximate cause in the complaint and to prove in trial that the negligent act of the defendant was the proximate cause (and not some other reason) of the damages to the plaintiff (person filing the lawsuit). Sometimes there is an intervening cause which comes between the original negligence of the defendant and the injured plaintiff, which will either reduce the amount of responsibility or, if this intervening cause is the substantial reason for the injury, then the defendant will not be liable at all.
Prognosis:
The term prognosis refers to making an educated guess about the expected outcome of mental health treatment, a prediction of the process one may have to go through in order to heal, and the extent of healing expected to take place.
Proceeding:
A Legal Proceeding is any action, suit, litigation, arbitration, proceeding (including any civil, criminal, administrative, investigative or appellate proceeding), hearing, inquiry, audit, examination or investigation commenced, brought, conducted or heard by or before, or otherwise involving, any court or other Governmental Body or any arbitrator or arbitration panel.
R
Rehabilitation:
Rehabilitation is the process of helping a person who has suffered an illness or injury restore lost skills and so regain maximum self-sufficiency. Rehabilitation can also be a set of interventions needed when a person is experiencing or is likely to experience limitations in everyday functioning due to ageing or a health condition, including chronic diseases or disorders, injuries or traumas.
S
Sexual Assault:
The term sexual assault refers to sexual contact or behavior that occurs without explicit consent of the victim. Some forms of sexual assault include: attempted rape, fondling or unwanted sexual touching, forcing a victim to perform sexual acts, such as oral sex or penetrating the perpetrator’s body, and penetration of the victim’s body, also known as rape.
Stacking of Coverages:
Stacked car insurance increases your uninsured motorist (UM) and underinsured motorist coverage (UIM), depending on the number of vehicles you own. It allows you to combine the limits for each vehicle, giving you a greater total amount of coverage. This is in contrast to unstacked coverage which applies your standard coverage limits to one specific vehicle, without combining the amounts.
Slip and Fall:
Slip and fall is a term used for a personal injury case in which a person slips or trips and is injured on someone else’s property. These cases usually fall under the broader category of cases known as “premises liability” claims. Slip and fall accidents usually occur on property (or “premises”) owned or maintained by someone else, and the property owner may be held legally responsible.
Statute of Limitations:
How long an individual has, as required by law, to file a lawsuit. This designated time period varies by state and case type. Under Florida’s statute of limitations for personal injury cases, you have four years from the date of the accident to file a lawsuit in Florida’s civil courts (this law can be found at Florida Statutes Annotated section 95.11(3)).
Strict Liability:
Legal fault that does not depend on actual negligence or intent to harm; also referred to as absolute liability. In certain accident and injury cases, Florida law imposes strict liability which means the plaintiff doesn’t have to prove that the defendant behaved negligently in order to recover damages.
T
Third-Party Claims:
A third party claim refers to a claim made by a defendant during the course of legal proceedings with the intention of enjoining an individual or entity that is not involved in the original action to perform a related duty. One good example of a third party claim is an indemnity claim against a third party. In some situations, third party proceedings are undertaken to determine how negligence should be apportioned between a defendant and a third party.
Traumatic Brain Injury (TBI):
Traumatic brain injuries usually occur when a person receives a violent blow to the head or body. The severity of the brain injury will vary between mild, moderate, and severe. When it comes to mild brain injuries, the symptoms are usually temporary. On the other hand, when a person suffers a more serious brain injury, the effects can be more severe and lead to bruising and/or bleeding of the brain.
W
Workers’ Compensation:
Workers’ compensation (workers’ comp) is a form of accident insurance paid by employers. No payroll deductions are taken out of employees’ salaries for this insurance. If you’re injured on the job or acquire a work-related illness, workers’ comp will pay your medical expenses, and if you can’t work, it will also cover wage-loss compensation until you’re able to return to work.
Wrongful Death:
Wrongful death is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. When someone dies due to the fault of another person or entity (like a car manufacturer), the survivors may be able to bring a wrongful death lawsuit. Wrongful death lawsuits seek damages–compensation for the survivors’ loss, such as lost wages from the deceased, lost companionship, and funeral expenses.
