Glossary

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Burden of Proof – Plaintiff’s obligation to prove defendant’s negligence in a claim for personal injury.

Comparative Fault (Comparative Negligence) – A legal doctrine that assigns a percentage of fault to the plaintiff (if any exists) thereby diminishing plaintiff’s award proportionally. In the state of Indiana, a plaintiff found to be more than 50% at fault for their injuries, is barred from receiving compensation.

Damages – Monetary compensation awarded by judge, jury or settlement to the victim/plaintiff in a legal claim. See also Economic Damages, Non-Economic Damages, and Punitive Damages.

Economic Damages – The sum of quantifiable damages from statements, receipts, and pay stubs for expenses such as medical, property damage, loss of personal property, and loss of wages.

Liability – The state of being legally responsible for another person’s injuries.

Liability Insurance – In personal injury law, a limited contract with an insurance company that assumes the policyholder’s financial obligation to another party or parties who bring a valid claim of injuries and damages caused by the policyholder.

Medical Malpractice – A type of personal injury claim wherein a healthcare professional fails to provide a reasonably prudent standard of care which results in harm or injury to the patient.

Negligence – Failure to exercise a reasonable duty of care toward others. In motor vehicle accidents, negligence may include but is not limited to failure to yield, driving under the influence, speeding, and reckless driving.

Non-Disclosure – Settlement Agreements may include a Non-Disclosure Agreement (NDA) of strict confidentiality whereby the plaintiff may not disclose the existence of—or the terms of the settlement agreement to members of the public.

Pain and Suffering – A specific type of damage that refers to plaintiff(s) physical discomfort, emotional distress, and/or the loss of enjoyment of life caused by an injury.

Personal Injury – Harm caused to a person by another person’s or entity’s negligence, deliberate, or willful actions.

Plaintiff – A person or entity who initiates a lawsuit in a court of law who seeks monetary compensation for damages caused by another person or entity. 

Punitive Damages – Punitive damages are awards granted by the judge or jury to punish a defendant’s egregious behavior and to discourage similar conduct in the future. Punitive damages are often sought in product liability claims.

Settlement – A binding agreement between parties stipulating that plaintiff and defendant are aligned with the terms of the agreement, including the amount of compensation and method of distribution. 

Statute of Limitations – The period of time when the ability to bring a civil claim against a negligent party expires. The facts of each claim determine when the statute runs. Therefore, it is essential that you speak to an attorney regarding the statute of limitations applicable to your claim.

Tort – A wrongful act or failure to take reasonable action that causes harm to another person, allowing the injured party to seek legal remedies in a civil claim. Personal injury claims are generally tort claims.

Practice Area Specific Terms

Auto Accidents

• Comparative negligence: Legal principle that reduces damages based on the percentage of fault assigned to each party.
• Diminished value claim: Request for compensation for the reduction in a vehicle’s market value after repairs from an accident.
• No-fault insurance: System where insured drivers recover damages from their own insurer regardless of who caused the accident.
• Personal injury protection (PIP): Auto insurance coverage that pays for medical expenses regardless of fault.
• Underinsured motorist coverage: Insurance that protects when an at-fault driver has insufficient coverage for damages.

Brain & Spinal Cord Injuries

• Catastrophic injury: Severe injury with permanent or long-term effects on quality of life.
• Post-concussion syndrome: Persistent symptoms after a concussion including headaches, dizziness, and concentration problems.
• Primary brain injury: Initial damage occurring at the moment of trauma to the brain.
• Secondary brain injury: Damage occurring after the initial trauma due to inflammation, bleeding, or oxygen deprivation.
• White matter damage: Injury to the brain tissue containing nerve fibers that connect different brain regions.

Truck Accidents

• Drive time regulations: Federal rules limiting how long commercial drivers can operate vehicles without rest.
• Electronic logging device (ELD): Technology that records driving time to enforce hours-of-service regulations.
• Hours of service (HOS): Regulations specifying maximum driving time and required rest periods for commercial drivers.
• Jackknife accident: Collision where a truck’s trailer swings out at an angle to the cab.
• Override accident: Collision where a truck rides over a smaller vehicle.
• Underride accident: Collision where a smaller vehicle slides under a truck’s trailer.
• Vicarious liability: Legal responsibility of an employer for the negligent acts of an employee.

Medical Malpractice

• Breach of duty: Failure of a healthcare provider to meet the standard of care required.
• Causation: Legal concept requiring proof that a healthcare provider’s negligence directly caused the patient’s harm.
• Informed consent: Patient’s agreement to medical treatment after understanding the risks, benefits, and alternatives.
• Medical expert witness: Healthcare professional who testifies about medical standards and practices in malpractice cases.
• Res ipsa loquitur: Legal doctrine meaning “the thing speaks for itself,” used when an injury clearly resulted from negligence.
• Standard of care: Level of care expected from a reasonable healthcare provider with similar training in similar circumstances.

Pedestrian & Bicycle Accidents

• Contributory negligence: Legal concept where a plaintiff’s compensation is reduced or eliminated if they contributed to their injury.
• Dooring: Accident caused when a vehicle occupant opens a door into the path of a cyclist.
• Duty of care: Legal obligation requiring drivers to exercise reasonable caution toward pedestrians and cyclists.
• Last clear chance doctrine: Rule holding a party liable if they had the final opportunity to avoid an accident.
• Sidepath laws: Regulations requiring cyclists to use adjacent paths instead of roadways when available.
• Three-foot passing law: Requirement that vehicles maintain a minimum distance when passing cyclists.
• Vulnerable road user laws: Legislation providing additional protection for pedestrians, cyclists, and other non-motorized travelers.

Premises Liability

• Attractive nuisance: Feature of property that attracts children but poses danger to them.
• Inadequate security: Failure to provide reasonable protection against foreseeable criminal acts.
• Invitee/licensee/trespasser: Legal classifications of visitors that determine the duty of care owed by property owners.
• Open and obvious doctrine: Legal principle that property owners aren’t liable for clearly visible dangers.
• Statute of repose: Time limit after which a lawsuit cannot be filed, regardless of when an injury is discovered.
• Transitory foreign substances: Temporary hazards like spilled liquids that cause slip and fall accidents.

Rideshare & Scooter Accidents

• App-based liability coverage: Insurance that applies when rideshare drivers are logged into their service apps.
• Independent contractor status: Classification of rideshare drivers as self-employed rather than employees.
• Municipal liability: City government responsibility for accidents involving shared mobility devices.
• Period 1/2/3 coverage: Different insurance phases for rideshare drivers depending on app status and passenger presence.
• Shared liability: Responsibility divided among multiple parties such as riders, companies, and municipalities.
• Third-party liability: Legal responsibility for injuries to people outside the rideshare vehicle.

Wrongful Death

• Economic damages: Compensation for financial losses resulting from a death, including medical bills and lost income.
• Loss of consortium: Claim for deprivation of family relationship benefits due to wrongful death.
• Loss of parental guidance: Damages awarded to children for the absence of a parent’s instruction and nurturing.
• Non-economic damages: Compensation for intangible losses like grief, emotional suffering, and lost companionship.
• Personal representative: Individual appointed to manage the deceased’s estate and pursue legal claims.
• Survival action: Claim seeking damages for the deceased’s pain and suffering before death.
• Wrongful death beneficiaries: Family members legally entitled to receive compensation from a wrongful death claim.

Class Action/MDL

• Bellwether trial: Test case selected from a large group of similar lawsuits to predict outcomes of future cases.
• Class certification: Court approval for a lawsuit to proceed as a class action.
• Lead plaintiff: Individual representing the interests of all class members in a class action lawsuit.
• Multi-district litigation (MDL): Process that consolidates similar cases from different districts for pretrial proceedings.
• Opt-out provision: Right of potential class members to exclude themselves from a class action.
• Pleural plaques: Thickened areas of lung tissue caused by asbestos exposure.
• Settlement fund: Money set aside by defendants to compensate plaintiffs in mass litigation.
• Transferee court: Court assigned to handle consolidated cases in multi-district litigation.

Estate Planning

• Advance directive: Legal document specifying a person’s wishes regarding medical treatment if they become unable to communicate.
• Durable power of attorney: Legal document giving someone authority to make decisions on another’s behalf if they become incapacitated.
• Executor: Person appointed in a will to manage the deceased’s estate and execute their final wishes.
• Living trust: Legal arrangement where property is held by one party for the benefit of another during the grantor’s lifetime.
• Probate: Legal process of validating a will and distributing assets after death.
• Revocable trust: Trust that can be altered or terminated by the grantor during their lifetime.
• Testamentary trust: Trust created through a will that takes effect after death.