Legal Glossary

The taking and receiving of anything in good faith with the intention of retaining it. Never accept a bodily injury settlement without receiving your attorney's opinion.

An engineer familiar with the physics of collision. Your attorney may hire an Accident Reconstructionist to put together the elements of your case to show cause and effect.

An insurance agent who evaluates property damage and injury. Your attorney can take care of all negotiation with the other party's insurance adjustor.

Evidence that can be legally and properly introduced in a civil or criminal trial. Your attorney can advise you as to which types of evidence may be presented in a hearing.

The age at which an individual acquires the rights and responsibilities of adulthood. In most states, the age is 18. If the plaintiff in a personal injury lawsuit is under the age of majority, the Court must approve a repesentative for the minor. This representative may not have been involved in the incident resulting in the suit. Your attorney will be able to advise you.

A statement of the issues in a written document (a pleading) which a person is prepared to prove in court. Your attorney will prepare the allegations in your case.

Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others. Your attorney can advise it an alternative method of resolution will be best for you.

An injury occurring to the brain resulting from oxygen deprivation for a significant period of time.

A formal, written statement by the defendant in a lawsuit, which answers each allegation contained in the complaint. Your attorney will receive and review the defendant's answer for you.

A formal written statement by a party to a lawsuit which answers each question or interrogatory propounded by the other party. These answers must be acknowledged before a notary public or other person authorized to take acknowledgments. Your attorney is authorized to take and prepare these answers. Your attorney can also explain what is required in the responses.

In a Civil Case, the court may order a mandatory hearing of the dispute by an impartial third person or persons (chosen by the parties) prior to trial to determine the value of damages in the case. The award may be binding (unable to change) or non-binding. Your attorney will be able to advise you on this proceeding.

What a person says to the attorney he retains is held to be confidential and may not be disclosed by that attorney or his staff, except under special circumstances.

What a person says to the attorney he retains is held to be confidential and may not be disclosed by that attorney or his staff, except under special circumstances.

Dishonesty or fraud in a transaction, such as knowingly misrepresenting the quality of something that is being bought or sold, or entering into an agreement with no intention of ever living up to its terms. Your attorney can advise you as to whether your insurance company, or other entity, may be acting in bad faith.

A cut, abrasion, bruise, burn, or disfigurement; physical pain, illness, impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body, no matter how temporary.

First degree burns: Minor burns of the first layer of skin. Second degree burns: Superficial partial-thickness burns injuring the first and second layer of skin. Third degree burns: Serious burns injuring all the skin layers and tissue under the skin.

Law established by previous decisions of appellate courts, particularly the United States Supreme Court. Your attorney has studied case law and knows how the Courts are likely to rule in particular cases.

The fact or facts which give a person a right to relief in court. Your attorney can advise you as to which causes of actions are appropriate in your case.

The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals. Your attorney should be familiar with Civil Procedure so that you may be successfully guided though your suit.

A lawsuit brought by one or more persons on behalf of a larger group. Litigants in a class action are generally represented by one group of attorneys who work together on the benefit of the suing class. Investigation into your case will let you know if an attorney already represents your class, or if the litigants are still seeking representation.

A deep prolonged unconsciousness where the patient cannot be aroused. Usually the result of a head injury.

Award to reimburse actual costs, such as medical bills, lost wages, as well as costs that are harder to measure, such as pain and suffering. Be sure to let your attorney know about all the the expenses you incur as a result of your injury. You may be able to recover these costs as compensatory damages.

The rule under which negligence is measured by percentage, and damages are diminished in proportion to the amount of negligence attributable to the person seeking recovery. Recovery may be reduced by comparative negligence. Your attorney can advise you.

The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take. Your attorney will prepare the complaint in your case.

Injury resulting from a sudden or violent shock to the head. May cause temporary loss of consciousness

A situation in which someone, such as an attorney or public official, has professional, personal, or financial interests or obligations can not take on certain new business because the prior interest or obligation would make it difficult for that person to fulfill his duties fairly. In evaluating your case, your attorney should check for any potential conflicts of interest which may effect the course of your case.

Also called a contingent fee. A fee arrangement in which the attorney is paid out of the settlement or award. If no damages are awarded, there is no fee. Most personal injury attorneys operate by contingency fee agreement. Your attorney can advise you about prevalent percentages and fees.

Bruising and swelling of the brain.

Regulations governing practice and procedure in the various courts. Your attorney will be familiar with, and can advise you, as to local court rules.

Money awarded by a court to a person injured by the unlawful actor negligence of another person. Your attorney can help you recovery maximal damages.

The person defending or denying a suit.

Injury to the supporting discs (cushions) located between each spinal bone. Discs that are ruptured or cracked may cause extraordinary pressure resulting in back pain.

Discs act as cushions and shock absorbers for the bones of the spinal column. Trauma to the spine can result in extreme pressure causing damage to the discs. Typically the damage to the discs causes them to bulge, and in severe cases, the disc may actually break or rupture.

Symptoms of a ruptured (herniated) disc include extreme pain, loss of range of motion, tingling or numbness in the arms and legs.

Most often the disc will eventually repair itself; however, in extreme cases, surgery may be the only remedy.

A specialist sometimes consulted in determining the value of damages. Your attorney may retain an economist to help value your work related losses.

A witness with a specialized knowledge on a specific topic who is permitted to discuss an event in court even though he or she was not present at that event. Expert witnesses may be retained to testify for or against a particular case, your attorney can advise you.

Fractures occur when a force is applied to a bone that is greater than the strength of the bone itself. Fractures typically take 4 to 8 weeks to heal and most often will need to be immobilized. In extreme cases, fractures will need to be surgically repaired with "pins" and "rods" designed to knit the bone together.

Severe trauma to the back may also result in a spinal fracture or broken back. Broken backs can generally be successfully repaired provided that the spinal cord (nerve center) has not been compromised.

There are four types of fractures, the most common being a simple fracture.

1. Comminuted fracture: A fracture in which the bone is broken into several parts.
2. Complicated fracture: A fracture of the bone combined with the lesion of some artery, nervous trunk, or joint.
3. Compound fracture: A fracture in which there is an open wound from the surface down to the fracture.
4. Simple fracture: A fracture in which the bone only is ruptured. It does not communicate with the surface by an open wound.

Acting with honesty and without deception. Your attorney can advise you as to whether or not another is acting in good faith.

The governmental equivalent of a Civil Action. This must be done rather than a regular filing if the defendant is a public entity.

Blood clot that collects in or around the brain.

That which, under the rules of evidence, cannot be admitted or received as evidence.

A medical professional hired by one side in a personal injury case to evaluate the bodily injury. When this examiner is hired by defense, the medical professional will look for other possible causes of any injury. Your attorney can advise you.

A set or series of written questions propounded to a party, witness, or other person having information or interest in a case; a discovery device. Your attorney can assist you in completing your interrogatories.

The official and authentic decision of a court of justice upon the rights and claims of parties to an action or suit submitted to the court for determination.

The power or authority of a court to hear and try a case; the geographic area in which a court has power or the types of cases it has power to hear. Your attorney will help you to determine the correct jurisdiction for your case.

A breach of the skin or flesh usually caused by violence.

An action or proceeding in a civil court; term used for a suit or action between two private parties in a court of law.

Any legal duty, obligation, or responsibility

A party to a lawsuit.

A lawsuit; a legal action, including all proceedings therein.

Damages to the spouse of an injured person. Your attorney should be sure that your spouse receives reasonable damages for your injury status.

A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement. Your attorney will discuss alternative dispute resolution with you.

An automobile insurance policy option which pays all, or part, of medical costs due to vehicle injury.

Physician, Chiropractor, or other practitioner's historical and current files.

A formal document allowing another entity to review private medical records or perform a procedure. You must sign a medical release in order to allow your attorney to order your medical records for review and settlement demand.

Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame. Your attorney can help you to evaluate how the court may view any mitigating circumstances the defendant may claim.

An application made to a court or judge which requests a ruling or order in favor of the applicant. Your attorney will prepare any necessary motions in your case.

Failure to use care which a reasonable and prudent person would use under similar circumstances. Your attorney can advise you as to whether or not another party has acted in a negligent manner in a particular instance.

A public officer whose function it is to administer oaths, to attest and certify documents, and to take acknowledgments. Your attorney may employ a notary public.

The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge. Your attorney will take care of all objections at your deposition.

A specialist who can review injury for return-to-work related needs. Your attorney may retain an occupational rehabilitation expert to testify or advise in your case.

A mandate, command, or direction authoritatively given. Direction of a court or judge made in writing.

Also, legal assistant. A person with legal skills who works under the supervision of a lawyer. Your attorney may employ a paralegal or legal assistant to facilitate conversation between you and your attorney.

Most conversations between physician and patient are privileged and may not be disclosed without a release.

A person who brings an action; the party who complains or sues in a civil action.

The written statements of fact and law filed by the parties to a lawsuit. Your attorney will prepare the pleadings for the complaint before your case is filed with the court.

The level of proof required to prevail in most civil cases. The trier of fact must be persuaded that the facts are more probably one way than another.

A case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial process. Your attorney will know the elements necessary to establish a prima facie case in your matter.

Conversation that takes places within the context of a protected relationship. Most communications with your attorney are privileged and cannot be disclosed.

Latin phrase, "for himself." A person who represents himself in court without the help of an attorney.

Legal responsibility of manufacturers and sellers to buyers, users, and bystanders for damages or injuries suffered because of defects in goods. Your attorney should be well versed in product liability law and can advise you on your case.

Harm to personal belongings which require repair. The person at fault is responsible for property damage as well as personal injury. Contact an attorney to be sure you get the appropriate recovery.

Denies all recovery of damages to a convicted felon whose injuries were proximately caused during the commission of the felony or immediate flight therefrom. Denies recovery for noneconomic damages (e.g., pain, suffering, disfigurement) to drunk drivers, if subsequently convicted, and to uninsured motorists who were injured while operating a vehicle. Provides exception when an uninsured motorist is injured by a subsequently convicted drunk driver. With this one exception, provides that insurer is not liable for non-economic damages. Your attorney can advise you as to Prop 213 status.

Money award given to punish the defendant or wrongdoer. Your attorney will know if punitive damages are an issue in your case.

Permanent disfigurement of the skin often resulting from lacerations or burns.

In a civil lawsuit, the document that spells out the specifics of an out-of-court compromise. Your attorney may be able to reach a settlement agreement before your case goes to trial.

A letter or semi-formal document from one party to another in a lawsuit suggesting an agreement in completion of the suit. When you have completed your injury recovery, your attorney will prepare a settlement demand.

Injury to the ligaments, tendons and fibers of the body that connect the skeletal bones.
The skeleton is connected by a group of tendons, ligaments and muscles called "soft tissue. Muscles reinforce the bones and add strength to the body, tendons connect muscle to bone, and ligaments connect bone to bone.
Soft tissue injury, most commonly called "whiplash", separated shoulder" "strained muscle", "torn cartilage (meniscus)", etc., usually occurs as a result of a motor vehicle accident, traumatic fall or sports related injury.
Soft tissue injuries vary in severity and can usually take from 3 to 8 weeks to heal; however, depending health, age, etc., may need to be surgically repaired and may even result in permanent damage.
Separated Shoulder
Shoulder separation occurs when the ligaments that hold the collarbone to the joint that meets the shoulder blade, are torn.
The separation is graded as 1, 2, or 3 depending on how far the shoulder has actually separated. Symptoms included severe pain, bruising and swelling, misshapen shoulder, and inability to move the joint.
Whiplash
Whiplash occurs when there is a rapid backward and forward movement of the neck that injures the muscles, and ligaments but, in severe cases, can also damage the discs and nerves. Often whiplash injuries take a few days to manifest themselves and usually heal within 3 weeks. Symptoms include neck and back stiffness, difficulty swallowing, headache, dizziness and nausea.
Torn Cartilage
Cartilage is a disc shaped piece of tissue that acts a cushion and lubricant for the joints. Most common torn cartilage injuries are in the knee. The cartilage, unlike the rest of the body has no blood flowing to it and can be difficult to heal. Most often surgery is required and, in some cases, the cartilage would need to be replaced.

Injury of the nerves contained within the spinal canal often associated with trauma to the spinal column (spine).
Most people assume that automobile accidents and traumatic falls are the cause of spinal cord injury and, while statistics may support that assumption, diving and swimming accidents are also a leading factor.
The spinal cord is the body's message center. It is a collection of nerve fibers running from the base of the neck to the waist that relay the brain's instructions to the other parts of the body. These nerves are surrounded by the spinal column (spine), a combination of bone and tissue that covers and protects the spinal cord.
Damage to the spinal cord usually occurs when the spine is traumatized. This may affect the nerve center's ability to send and receive messages from the brain and body; and when these "lines of communication" are broken, several things can happen including loss of movement, sight, smell, pain sensation, etc.
There are two categories of spinal cord injury:

1. Complete: Nerve damage obstructing all signals between the brain and body
2. Incomplete: Nerve damage obstructing some of the signals between the brain and body.

If the spinal cord is just "bruised", there is the possibility of regaining normal function but, all too often, the nerves are severed. There is currently no effective medical procedure for reattaching the nerves and many victims of spinal cord injury become either paraplegic or quadriplegic. Paraplegia: Complete paralysis of the lower half of the body including both legs, usually caused by damage to the spinal cord.
Quadriplegia: Complete paralysis of the body from the neck down, usually caused by damage to the spinal cord.

A statute which limits the right of a plaintiff to file an action unless it is done within a specified time period after the occurrence which gives rise to the right to sue. Contact an attorney as soon as you are able following a collision, so that your right to recover will not be lost.

A command to appear at a certain time and place to give testimony upon a certain matter. Your attorney may subpoena witnesses to testify in your case.

Instrument used to commence a civil action or special proceeding; the means of acquiring jurisdiction over a party. Your attorney will prepare the Summons to accompany the Complaint when your case is filed with the Court.

A written, detailed description of the events surrounding an automobile impact. Your attorney will obtain a copy of the traffic collision report following an incident and review the facts of your case.

Serious injury to the head often resulting in severe and permanent damage to the brain. Every year over 1,000,000 people in the United States sustain some form of brain injury caused by motor vehicle accidents, falls, diving and swimming accidents, amusement park rides, blunt force trauma and criminal acts. Due to the subtle nature of brain injuries, they often go undiagnosed and therefore untreated, especially in emergency rooms. Under certain circumstances, the damage may eventually be reversed but unfortunately, traumatic brain injuries often results in some form of permanent impairment such as:

1. Paralysis: Paraplegia or Quadriplegia;
2. Loss of voluntary or involuntary motor functions;
3. Loss of reasoning and thinking abilities;
4. Memory loss;
5. Sensory loss such as sight, speech or hearing.

Skull fractures and skull penetration are the obvious causes of traumatic brain injury but brain damage can also result from a "closed head injury". If the brain is bruised due to physical force, blood vessels in the brain can break and cause bleeding around the brain. The brain can also be damaged if it swells and presses against the bones of the skull, or if it deprived of oxygen

The doctor or other medical professional who cared for a patient during a specific time. It is very important to let you physician know everything that is bothering you following an accident.

A driver who has not obtained liability coverage in violation of California's financial responsibility laws. Under proposition 213, an uninsured motorist may not recover damages for pain and suffering following a collision except under special circumstances. Your attorney will know how to address this matter.

Semi-conscious state. The period between unconsciousness and consciousness usually associated with a coma.

When one person is liable for the negligent actions of another person, even though that first person was not directly responsible for the injury. As when a parent is held liable for the harmful acts of a child, or when an employer is held liable for the acts of a worker. Your attorney will work to find all possible defendants to be sure you properly recover on your personal injury case.

Training to return to work following injury. Following an accident, you may require vocational rehabilitation to return to work. Your attorney will know if you are able to recover for this expense and time.

A declaration which dismisses all rights. A judgment barring the right to bring or maintain an action on the same claim or cause. The majority of personal injury cases are dismissed with prejudice.

A declaration that no rights or privileges of the party concerned are waived or lost. In a dismissal these words maintain the right to bring a subsequent suit on the same claim. Your attorney will know when you are able to dismiss a case without prejudice.

A breach of the skin or flesh usually caused by violence.

When a person is killed as the result of the negligence of another. The family of a person who is wrongfully killed may recover damages.

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