PERSONAL INJURY LAW TERMINOLOGY
ACCIDENT RECONSTRUCTION
The process of investigating and analyzing the circumstances of an accident to determine how and why it occurred, often using expert witnesses.
ACTUAL DAMAGES
Compensation awarded to a plaintiff for real losses incurred, such as medical expenses, lost wages, and property damage.
ADJUSTER
An insurance company representative who investigates claims and determines the amount the insurer should pay.
ASSUMPTION OF RISK
A legal defense asserting that the plaintiff voluntarily accepted the risks associated with an activity and therefore cannot recover damages for injuries sustained.
BATTERY
Intentional and unlawful physical contact with another person without consent, resulting in harmful or offensive touching.
BURDEN OF PROOF
The obligation to present evidence to support one’s claim or defense. In personal injury cases, the plaintiff typically bears this burden.
CAUSATION
The connection between the defendant’s actions and the plaintiff’s injuries, establishing that the defendant’s conduct directly caused the harm.
COMPARATIVE NEGLIGENCE
A legal doctrine that reduces a plaintiff’s recovery in proportion to their degree of fault in causing the injury.
COMPENSATORY DAMAGES
Money awarded to compensate the injured party for losses, including economic and non-economic damages.
CONTINGENCY FEE
A fee arrangement where an attorney receives a percentage of the settlement or award only if the case is won.
CONTRIBUTORY NEGLIGENCE
A legal doctrine that bars recovery if the plaintiff contributed to their own injury in any way, even minimally.
DAMAGES
Monetary compensation awarded to an injured party to make them whole after suffering harm.
DEPOSITION
A formal out-of-court oral testimony given under oath, recorded for use in court proceedings.
DISCOVERY
The pre-trial phase where parties exchange information and evidence relevant to the case.
DUTY OF CARE
The legal obligation to act reasonably to avoid causing harm to others.
ECONOMIC DAMAGES
Quantifiable financial losses such as medical bills, lost wages, and property damage.
EXPERT WITNESS
A person with specialized knowledge, training, or experience who provides testimony to help the court understand technical aspects of a case.
FORESEEABILITY
The ability to reasonably anticipate that certain actions or failures to act could result in harm.
GENERAL DAMAGES
Non-economic losses that don’t have a specific monetary value, such as pain and suffering.
GROSS NEGLIGENCE
Extreme carelessness or reckless disregard for the safety of others, more severe than ordinary negligence.
INFORMED CONSENT
The requirement that a patient be fully informed of risks before agreeing to medical treatment.
INTERROGATORIES
Written questions sent by one party to another that must be answered under oath during discovery.
JOINT AND SEVERAL LIABILITY
A legal doctrine allowing a plaintiff to recover the full judgment from any defendant found liable, regardless of their individual degree of fault.
LIABILITY
Legal responsibility for one’s actions or omissions that cause harm to another.
LITIGATION
The process of taking legal action through the court system to resolve a dispute.
LOSS OF CONSORTIUM
A claim for damages by a spouse for loss of companionship, affection, and intimacy due to their partner’s injury.
MALINGERING
Faking or exaggerating symptoms of injury or illness for financial gain.
MEDICAL MALPRACTICE
Professional negligence by a healthcare provider that results in substandard treatment and causes injury to a patient.
MITIGATION OF DAMAGES
The injured party’s duty to take reasonable steps to minimize their losses after an injury.
NEGLIGENCE
Failure to exercise reasonable care, resulting in harm to another person.
NEGLIGENCE PER SE
Negligence established by violating a statute or regulation designed to protect against the type of harm that occurred.
NON-ECONOMIC DAMAGES
Compensation for intangible losses such as pain, suffering, emotional distress, and loss of enjoyment of life.
PAIN AND SUFFERING
Physical discomfort and emotional distress experienced as a result of an injury.
PERMANENT DISABILITY
A lasting impairment that prevents an individual from performing certain activities or work duties.
PERSONAL INJURY
Physical or psychological harm to a person caused by another’s wrongful conduct.
PLAINTIFF
The party who initiates a lawsuit seeking damages or other relief.
PREMISES LIABILITY
Legal responsibility of property owners to maintain safe conditions and warn visitors of hazards.
PREPONDERANCE OF THE EVIDENCE
The standard of proof in civil cases, requiring that something is more likely true than not (greater than 50% probability).
PRODUCT LIABILITY
Legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective products.
PROXIMATE CAUSE
The primary cause that, in a natural and continuous sequence, produces an injury and without which the injury would not have occurred.
PUNITIVE DAMAGES
Damages awarded to punish the defendant for particularly egregious conduct and deter similar future behavior.
REASONABLE PERSON STANDARD
An objective test asking how a hypothetical reasonable person would have acted in similar circumstances.
RES IPSA LOQUITUR
A doctrine meaning “the thing speaks for itself,” allowing negligence to be inferred from the nature of an accident.
SETTLEMENT
An agreement between parties to resolve a dispute without going to trial.
SLIP AND FALL
A type of premises liability case where someone is injured after slipping, tripping, or falling on another’s property.
SPECIAL DAMAGES
Specific, calculable losses such as medical expenses and lost income.
STATUTE OF LIMITATIONS
The time period within which a lawsuit must be filed, or the right to sue is lost.
STRICT LIABILITY
Legal responsibility for damages without the need to prove negligence or fault.
SUBROGATION
The right of an insurance company to seek reimbursement from a third party responsible for a loss the insurer paid.
THIRD-PARTY CLAIM
A claim made against someone other than the injured party or their employer.
TORT
A civil wrong that causes harm to another, for which the law provides a remedy.
TORTFEASOR
A person who commits a tort.
TRESPASSER
A person who enters another’s property without permission or legal right.
VICARIOUS LIABILITY
Legal responsibility imposed on one party for the actions of another, such as an employer being liable for an employee’s actions.
WAIVER
Voluntary relinquishment of a known right or claim.
WORKERS’ COMPENSATION
A system providing benefits to employees injured on the job, regardless of fault.
WRONGFUL DEATH
A lawsuit brought when someone’s death is caused by another’s wrongful act or negligence.
EMPLOYMENT LAW TERMINOLOGY
ADVERSE ACTION
Any unfavorable employment decision, such as termination, demotion, or reduction in pay.
AFFIRMATIVE ACTION
Policies designed to increase representation of historically underrepresented groups in employment.
AGE DISCRIMINATION
Unfair treatment of employees or applicants based on their age, typically protecting those 40 and older.
AMERICANS WITH DISABILITIES ACT (ADA)
Federal law prohibiting discrimination against qualified individuals with disabilities.
AT-WILL EMPLOYMENT
Employment relationship where either party can terminate the relationship at any time for any lawful reason.
BACK PAY
Wages and benefits owed to an employee for a past period, often awarded in discrimination or wrongful termination cases.
BONA FIDE OCCUPATIONAL QUALIFICATION (BFOQ)
A characteristic that is reasonably necessary for normal business operation and justifies discrimination that would otherwise be prohibited.
CLASS ACTION
A lawsuit brought by one or more plaintiffs on behalf of a larger group with similar claims.
COLLECTIVE BARGAINING
Negotiation between an employer and a labor union regarding terms and conditions of employment.
COMPARATIVE EVIDENCE
Evidence comparing treatment of the plaintiff to similarly situated employees.
COMPENSATORY TIME (COMP TIME)
Paid time off given instead of overtime pay, subject to specific legal requirements.
CONFIDENTIALITY AGREEMENT
A contract restricting an employee from disclosing certain information about the employer.
CONSTRUCTIVE DISCHARGE
When an employee resigns because working conditions have become so intolerable that a reasonable person would feel compelled to quit.
DISPARATE IMPACT
Employment practices that appear neutral but disproportionately affect a protected class.
DISPARATE TREATMENT
Intentional discrimination where members of a protected class are treated differently.
EMPLOYEE
A person who works for another under an employment contract and is subject to the employer’s control.
EMPLOYEE HANDBOOK
A document outlining company policies, procedures, and expectations for employees.
EMPLOYMENT CONTRACT
An agreement between employer and employee specifying terms and conditions of employment.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)
Federal agency responsible for enforcing laws against workplace discrimination.
EQUAL PAY ACT
Federal law requiring equal pay for equal work regardless of sex.
EXEMPT EMPLOYEE
An employee not entitled to overtime pay under the Fair Labor Standards Act, typically salaried professionals.
FAIR LABOR STANDARDS ACT (FLSA)
Federal law establishing minimum wage, overtime pay, recordkeeping, and youth employment standards.
FAMILY AND MEDICAL LEAVE ACT (FMLA)
Federal law providing eligible employees with unpaid, job-protected leave for specified family and medical reasons.
FRONT PAY
Future lost earnings awarded when reinstatement is not feasible after wrongful termination.
GARNISHMENT
Legal process where a portion of an employee’s wages is withheld to pay a debt.
GLASS CEILING
Invisible barrier preventing advancement of women and minorities to upper management positions.
GOOD FAITH AND FAIR DEALING
Implied duty in employment relationships to act honestly and fairly.
GRIEVANCE
A formal complaint by an employee regarding a workplace matter, often filed through a union process.
HARASSMENT
Unwelcome conduct based on a protected characteristic that creates a hostile work environment.
HOSTILE WORK ENVIRONMENT
Workplace conditions that are intimidating, offensive, or abusive due to harassment or discrimination.
INDEPENDENT CONTRACTOR
A self-employed person who provides services to a client under a contract, not an employee.
JUST CAUSE
A legitimate, fair reason for taking adverse employment action.
LAYOFF
Temporary or permanent termination of employment due to business reasons.
MINIMUM WAGE
The lowest hourly wage an employer can legally pay employees.
MISCLASSIFICATION
Incorrectly categorizing workers as independent contractors or exempt employees.
NON-COMPETE AGREEMENT
Contract restricting an employee from working for competitors or starting a competing business after leaving employment.
NON-DISPARAGEMENT CLAUSE
Contract provision prohibiting negative statements about the employer.
NON-DISCLOSURE AGREEMENT (NDA)
Contract preventing disclosure of confidential or proprietary information.
NON-EXEMPT EMPLOYEE
An employee entitled to minimum wage and overtime pay under the FLSA.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
Federal agency ensuring safe and healthful working conditions.
OVERTIME
Work performed beyond the standard 40-hour workweek, typically compensated at 1.5 times the regular rate.
PROTECTED CLASS
Groups of people protected from discrimination under federal and state laws (race, color, religion, sex, national origin, age, disability, etc.).
QUID PRO QUO HARASSMENT
Sexual harassment where employment benefits are conditioned on sexual favors.
REASONABLE ACCOMMODATION
Modifications or adjustments to a job or work environment enabling a qualified individual with a disability to perform essential functions.
REDUCTION IN FORCE (RIF)
Elimination of positions due to business needs, affecting multiple employees.
RETALIATION
Adverse action taken against an employee for engaging in protected activity, such as filing a discrimination complaint.
RIGHT TO WORK
State laws prohibiting mandatory union membership as a condition of employment.
SEPARATION AGREEMENT
Contract signed upon termination of employment, often including severance pay and release of claims.
SEVERANCE PAY
Compensation provided to employees upon termination, often based on length of service.
SEXUAL HARASSMENT
Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
SEXUAL ORIENTATION DISCRIMINATION
Unfair treatment based on actual or perceived sexual orientation.
TITLE VII
Federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin.
UNDUE HARDSHIP
Significant difficulty or expense that would excuse an employer from providing reasonable accommodation.
UNEMPLOYMENT INSURANCE
Government program providing temporary income to eligible workers who lose their jobs through no fault of their own.
UNFAIR LABOR PRACTICE
Employer or union action that violates the National Labor Relations Act.
UNION
An organization of workers formed to protect their rights and interests through collective bargaining.
WAGE AND HOUR LAWS
Laws governing minimum wage, overtime, meal breaks, and other compensation issues.
WHISTLEBLOWER
An employee who reports illegal or unethical conduct by their employer.
WHISTLEBLOWER PROTECTION
Laws prohibiting retaliation against employees who report violations of law.
WORK-LIFE BALANCE
The equilibrium between professional responsibilities and personal life.
WORKERS’ COMPENSATION
Insurance providing wage replacement and medical benefits to employees injured on the job.
WORKPLACE DISCRIMINATION
Unfair treatment of employees or applicants based on protected characteristics.
WRONGFUL TERMINATION
Illegal dismissal of an employee in violation of employment law, public policy, or contract.
