Being involved in a lawsuit often exposes people to a lot of unfamiliar medical and legal jargon. This Glossary is offered in an attempt to BRIEFLY and GENERALLY translate this jargon into every day English. It is not meant to be a full explanation of any of the terms, and should not be used as a substitute for competent legal advice. This is merely a guide to get you started in the process of understanding your case, and talking to your attorney.
WORDS IN ITALICS HAVE BEEN DEFINED IN THIS GLOSSARY
A
Accident Reconstruction: a scientific procedure by which the circumstances of a traffic collision are proven, or estimated, by working backwards from the resulting damage and evidence. For example, the length of skid marks, the slipperiness of a road surface, and the amount of damage to the involved automobiles can be used to determine, or at least approximate, the speeds and/or directions of travel of the vehicles before the collision occurred.
Accident Reconstructionist / Accident Reconstruction Expert: a person specially trained in determining collision circumstances. The Reconstructionist is an Expert Witness, retained by either the Plaintiff or Defendant in a Lawsuit, who can be of great benefit in cases where fault for a collision is in dispute.
Accident Report / Traffic Collision Report / Crash Report: a summary of the statements of the people involved in the crash, summarized statements of any witnesses to the crash, and a description of the relevant facts regarding the involved people, vehicles, streets, weather conditions, etc. These statements are usually taken by an officer who responds to the scene of an accident.
An experienced Personal Injury Attorney will be able to rapidly determine the relevant facts of the crash by closely reviewing all elements in the Crash Report; by contacting, or having an investigator contact all listed Witnesses; by examining and comparing the location and physical details of the accident scene with the facts listed in the Report; and, where necessary, by seeking correction from the investigating officer of any obvious errors that may be contained in the report.
Action: a proceeding taken to a Court of Law; Synonymous with: Case, Suit, and Lawsuit.
Acute Pain: short-term, severe pain, perhaps from a traumatic injury.
Additional Insured: a person, other than the one listed on the policy, who is also protected under the listed, or named, Insured's policy.
Adhesion: the process whereby scar tissue binds to nerves and other tissues; often causes pain.
Adjourn / Adjournment: to suspend proceedings to another time or place.
Adjudication: the process by which a judge or arbiter reviews evidence and legal reasoning set forth by opposing parties, or litigants, to come to a decision which determines rights and obligations between the parties involved.
Adjustor / Insurance Adjustor: an employee or independent contractor of insurance companies, given the job of investigating and settling insurance claims.
Administrative Agency: a state or federal government body responsible for administering and implementing a particular legislation, such as laws governing workers' compensation. These agencies may have rulemaking power and judge-like authority to decide disputes.
Administrative Hearing: a proceeding before an Administrative Agency, consisting of an Argument, a Trial, or both. Rules governing the proceeding, including Rules of Evidence, are generally less strict than in Civil or Criminal Trials.
Administrator / Administratrix: a person appointed by the Court to administer a deceased person's Estate. An Administrator is male; Administratrix is female. In Florida, we generally use the title of Personal Representative.
Admissible Evidence: evidence that that the Court should receive since it is relevant, not unfairly prejudicial, based on hearsay, or privileged.
Adversary System: the basic U.S. Trial system, in which each of the opposing parties has the opportunity to state his viewpoints before the Court. "Plaintiff" argues for "Defendant's" guilt in criminal cases, or liability in civil cases. "Defense" argues for Defendant's innocence in criminal cases, or against civil liability.
Affidavit: a written statement or declaration under oath.
Affirm: the decision of a Higher Court (Supreme Court, Appellate Court) that the judgment of the Lower Court is correct and should stand. Also used as a substitute for swearing an oath for those who have religious concerns about doing so.
Allegation: a statement made by a party to an action, made in a pleading, stating what he/she expects to prove.
Alternative Dispute Resolution: ADR is the process of resolving disputes without using the Court system. The most widely used methods are Mediation, where a neutral third person helps facilitate an agreement between the parties, and Arbitration, where a neutral third person hears both sides of a dispute, then issues a decision.
Pursuant to Florida Statute 44.1011, judges order most types of civil cases to Mediation prior to Trial.
Answer: a formal response to a claim, admitting or denying the allegations in the claim.
Anterior: a medical directional term meaning towards the front of the body.
Anti-Theft Device: something designed to reduce the chance an auto will be vandalized or stolen, or to assist in its recovery. These include: car alarms, keyless entry, starter disablers, motion detectors, parts of the vehicle etched with the Vehicle Identification Number, and recovery systems.
Appeal: a request to a superior, or Higher Court, to review and change the result in a case decided by an inferior, or Lower Court, or Administrative Agency.
Appellate Court: a Court having jurisdiction to hear an Appeal and review the decisions of a Lower Court. In Central Florida, the Appellate Court is the 5th District Court of Appeal, which is superior to the Circuit Courts.
Arachnoid Layer: the middle of the three membranes that envelop the brain and spinal cord.
Arbitration: a form of Alternative Dispute Resolution in which the parties bring their dispute to a neutral third party and agree to abide by his or her decision. In Arbitration, there is a Hearing at which both parties have an opportunity to be heard. Arbitration is best used in cases involving factual conflicts. Many people feel more comfortable having their dispute settled by an expert who is uniquely capable in a particular area, rather than by a judge who is accustomed to handling a wide variety of cases and may not be well-versed in the area at issue.
Arbitrator: a person who conducts Arbitration.
Argument: the remarks of the attorney, or Counsel, that analyze and point out, or repudiate, a desired inference, for the assistance of a decision-maker.
Assigned Risk: a risk, not ordinarily acceptable to insurers, which is, according to state law, assigned to insurers participating in a plan in which the insurers agree to accept their share of these risks.
Assumption of the Risk: a situation in which a person voluntarily and knowingly proceeds in the face of an obvious and known danger, and assumes the risk. The theory behind the rule is that a person who chooses to take a risk cannot later complain that he/she was injured by the risk that he/she chose to take. Therefore, he/she will not be permitted to seek money damages from those who might have otherwise been responsible.
In Florida, this is a defense in only very narrow circumstances, and usually is part of a Comparative Negligence analysis.
At issue: the time in a lawsuit when the complaining party has stated his claim; the other side has responded with denial; and the matter is ready to be tried.
Attorney / Counsel: for the purposes of Personal Injury cases (as opposed to divorce attorneys, probate attorneys, tax attorneys, etc.), attorneys come in two types: the Plaintiffs' Personal Injury Attorney (PI Attorney / Plaintiff's Attorney), and the Insurance Defense Attorney (Defense Attorney).
Personal Injury Attorneys are paid by their clients out of the proceeds collected on their behalf via jury verdicts, mediation awards, and/or settlements. These fees are specified by the contingent fee agreement that the Client and Attorney signed when the case was begun.
Insurance Defense Attorneys are paid by insurance companies to represent the company's "Insureds," the negligent persons who have insurance policies, and who are being sued as the Defendants in Personal Injury lawsuits. Defense Attorneys technically represent the Defendants, but are actually being paid by the Defendant's insurance company.
Attorney-Client Privilege: most communications between an attorney and his/her client are "privileged" -- that is, they are entirely confidential, being given special protection under the law. No one else, particularly their opponents in a lawsuit, are entitled to gain access to them.
Attorney-Work Product Privilege: most documents produced by an attorney, or his/her staff, regarding a client's case are privileged. A Defense Attorney may seek to acquire access to these documents through the Discovery process. However, there are only very narrow and specific instances where they are entitled to do so.
Personal Injury Attorneys know these exceptions, and zealously guard the confidentiality of the documents, and the privacy of his/her clients.
ATV / All-Terrain Vehicle: a small, open-motor vehicle with three or more wheels; usually used off-road. See also Quad / 4-wheeler / Trike / 3-wheeler
Automobile Insurance: a form of insurance that protects against losses involving autos. Examples of coverage types include: Collision, Personal Injury Protection (PIP), Bodily Injury Liability (BI), Property Damage Liability, Medical Payments, and Comprehensive coverage for physical damage to the Insureds vehicle.
B
Bad Faith: intention to mislead or deceive; conscious refusal to fulfill some duty; implies active ill will, as opposed to negligence. Bad Faith is not bad judgment; it requires conscious wrongdoing.
In Personal Injury lawsuits, Bad Faith is considered a breach of contract, and can result in the Plaintiff being able to recover judgments above and beyond policy limits.
Bailiff: a Court officer who maintains order during Court proceedings
Basic Limits of Liability: the least amount of liability coverage that can be purchased from an insurance carrier.
Bench Trial / Non-jury Trial: trial before a judge, without a jury. In a bench trial, the judge decides questions of fact and law.
Bench: the seat occupied by the judge; more broadly, the Courf.
Beneficiary: someone named to receive property or benefits in a will or trust.
Best Evidence / Primary Evidence; the best evidence which is available; any evidence falling short of this standard is secondary. The Florida Rules of Evidence can be found under Title VII Chapter 90 of the Florida Statutes.
Beyond a Reasonable Doubt: the standard of proof in a Criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This does not require the state to establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.
This does not apply in Civil cases, where the standard is usually by the preponderance, or dominance of the evidence.
Binding Authority: a law that controls the outcome of a case. For example, a decision on the same point of law by a Higher Court in the same state, must be followed by a Lower Court in that state. See precedent.
Bodily Injury / Bodily Injury (BI) Coverage: part of an insurance policy that covers claims made against the policy by people who were injured in accidents caused by the named insured, and/or another person who may have been driving a covered vehicle with the Insured's permission. This will generally cover all aspects of damages except for property damage, which has its own separate coverage.
Breach of a Duty: the failure to conform to a particular standard of care; a failure to obey, keep, or preserve something such as a law, trust, or promise.
Brief: a written document, usually prepared by an Attorney, submitted to the Court regarding a particular case. Briefs contain summaries of the facts of the case, relevant laws, and an argument showing how the laws support that party's position.
Burden of Proof: the measure of proof required to prove a fact; obligation of a party to probe facts at issue in the trial of a case.
C
Calendar: a list of cases arranged for hearing in Court.
Caption / Style: the heading or introductory clause which shows the names of the parties, name of the Court, number of the case, etc. A Caption is required on papers connected with a case in Court.
Carpal Tunnel Syndrome: when the median nerve, which runs from the forearm into the hand, becomes pressed or squeezed at the wrist. The carpal tunnel, a narrow, rigid passageway of ligament and bones at the base of the hand, houses the median nerve and tendons. Sometimes, thickening from irritated tendons or other swelling narrows the tunnel, and causes the median nerve to be compressed. The result may be pain, weakness, or numbness in the hand and wrist, radiating up the arm.
Carrier: in Insurance, is one who agrees, by contract, to assume the risk of another's loss, and to compensate for that loss.
Case Law: the law established by previous decisions of Appellate Courts, particularly the Supreme Court.
Case Manager: a paralegal who is used by an attorney to handle a client's case. In some law firms, a case manager or paralegal serves as an intermediary between a client and an attorney, which saves time for the attorney, but does little to reassure a client that their case is being handled properly - and by a qualified attorney.
At the Kane Law Firm, the attorneys are the ones managing the cases, and are available to speak to clients whenever they have questions.
Case: any proceeding, action, cause, lawsuit or controversy started through the Court system by the filing of a Complaint, Petition, or Indictment.
Caseload: the number of cases a judge or attorney handles in a specific time period.
Cauda Equina: the roots of all the spinal nerves below the first lumbar disc.
Caudal: a directional term meaning towards the feet.
Cause of Action: fact or facts that give someone the right to seek a remedy through the Court because the facts of the case apply to a certain law which is sought to be enforced.
Central Nerve Pain: a neurological condition caused by damage, specifically, to the Central Nervous System - the brain, brainstem or spinal cord. This usually involves steady pain, described as a burning, aching or cutting sensation.
Cephalad: a directional term meaning towards the head.
Certiorari: the procedure for removing a case from a Lower Court or Administrative Agency to a Higher Court for review.
Challenge for Cause: a request by a party that the Court excuse a specific juror on the basis that the juror is biased.
Chambers: a judge's private office. A Hearing in chambers takes place in the judge's office outside the presence of the jury or the public.
Change of Venue: moving a lawsuit to another location for trial. The Court may transfer the action to a different one, according to rule 1.170(j) of the Florida Rules of Civil Procedure.
Charge to the Jury: the judge's instructions to the jury, concerning the laws that applly to the facts of the case on trial.
Chronic: when used to describe a medical condition, refers to being long-term, usually greater than six months.
Circuit Civil Court: Florida has 20 Circuit Civil Courts. The Circuit Courts are often referred to as courts of general jurisdiction, in recognition of the fact that most criminal and civil cases originate at this level. The highest in a two-tier trial court system.
Circumstantial Evidence: evidence not based on actual personal knowledge or observation of the fact in dispute, but, rather, evidence of other personal knowledge or observation which allows a jury to infer the existence or nonexistence of the facts in dispute.
Civil Law: usually pertains to the settlement of disputes between individuals, organizations or groups, and having to do with the establishment, recovery or redress of private and civil rights.
Civil Procedure: 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.
Claim / Claimant: the claimant in a Personal Injury case is the person(s) injured as a result of the negligence of one or more other parties. If a formal lawsuit is filed, the claimant becomes the Plaintiff in the lawsuit and the negligent party becomes the Defendant.
Class Action: a means by which one or more individuals are able to sue for themselves and as representatives of other people. A class action requires: an identifiable group of people with a well-defined interest in the facts and law of the suit; too many people in the group for it to be practical to bring them all before the court; and, the individuals bringing suit able to adequately represent the entire group.
Clear and Convincing Evidence: standard of proof occasionally used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the Plaintiff to win the case.
Clerk of the Court: an officer of a Court whose principal duty is to maintain court records and preserve evidence presented during a trial. Every county in Florida has its own Clerk. Information for the Orange County Clerk can be found at http://orangeclerk.onetgov.net/
Closing Argument: the closing statement of counsel, presented after all parties have concluded their presentation of evidence.
Code: a collection, compendium or revision of laws promulgated by legislative authority.
Co-Defendant: a Defendant joined together with one or more other Defendants in the same case.
Collateral Source Rule: the rule that ensures compensation awarded to a Plaintiff in a lawsuit will not be reduced if the Plaintiff receives compensation for the same injury from another source, such as insurance. This rule has, for the most part, been abandoned in Florida by Statutes.
Collision / Property Damage Insurance: covers damage to vehicles and their contents involved in an accident -- both your vehicle and any vehicle you may have been responsible for damaging.
A claim for property damage may be made under either your own insurance policy or the negligent party's policy, if a person has struck your automobile in an accident.
If you have a deductible on your own collision coverage, and there is a negligent party involved, the deductible may be recovered from their insurance company.
If the damage is paid for under your own policy, your insurance company may seek reimbursement from the negligent party or his/her insurance company.
Comparative Negligence: in Florida, Plaintiffs in a civil suit have their Recovery (amount awarded from a judgment or decree) reduced by their percentage of negligence, as compared to a Defendant's negligence.
Compensation: monetary award transferred from Defendant to Plaintiff to make up for some wrong, damage or injury caused by the Defendant's actions or inaction.
Compensatory Damages: money payment sufficient in amount to indemnify the injured person for the loss suffered.
Complaint: the legal document filed with a Court that formally begins a lawsuit. It lays out the circumstances of the incident that form the basis of the lawsuit, describes the nature of the damages suffered by the claimant, and specifies who the parties to the case are -- the Plaintiff(s) and Defendant(s).
Comprehensive Coverage: insurance coverage that will generally cover damage to your vehicle and its contents from causes other than traffic collisions. The specifics often vary from policy to policy, but this generally covers such things as theft, vandalism, and non-collision physical damage.
Compulsory Medical Examination (CME) / formerly Independent Medical Examination (IME): the Defendants in a personal injury case have the right to have an injured Plaintiff examined once by a doctor of the Defendants' own choosing.
Supposedly, this doctor is "independent," but, as a practical matter, he/she is commonly an Expert Witness, hired by the Defendants to conduct the exam.
Connective Tissue: ligaments, muscles and other fibrous tissue that holds the organs and body structures in place.
Conservatorship / Guardianship: the legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for him or herself.
Contempt of Court: any act that is meant to embarrass, hinder or obstruct a Court in the administration of justice.
Contingent Fee Agreement: an agreement between an attorney and his/her client whereby the attorney agrees to represent the client at no charge, except for a percentage of any amount recovered. This fee agreement is frequently used in personal injury actions. The Florida Supreme Court and the Florida Bar have adopted a maximum fee schedule that attorneys are permitted to charge in contingency fee cases.
If no recovery is made, there is no cost to the client.
Costs of preparing the case are usually in addition to the contingent fee, and are paid to the attorneys only if recovery is made.
Continuance: an adjournment of the proceedings in a case from one day to another.
Contract: an agreement between two or more parties, creating obligations that are enforceable or otherwise recognizable by law.
Contributory Negligence: broadly, carelessness on the Plaintiff's part. More precisely, conduct which falls below the standard of care established by law for the protection of oneself against unreasonable risk of harm, which acts as a complete bar to Plaintiff's claim for damages. Contributory negligence is no longer recognized by Florida law; Comparative Negligence is the standard.
Corroborating Evidence: evidence supplementary to that already given, tending to strengthen or confirm it.
Costs: an allowance for expenses in prosecuting or defending a suit. Ordinarily, does not include attorney's fees.
Counterclaim: Claim presented by a Defendant in opposition to, or deduction from, the claim of the Plaintiff.
Counsel / Attorney: see Attorney
Court / Court of Law / Courthouse: Florida has County, Circuit, District and Supreme Courts where justice is administered.
County Courts -- exist in each of Florida's 67 counties. The number of judges in each County Court varies with the population and caseload of the county.
Circuit Courts -- are sometimes referred to as courts of general jurisdiction, in recognition of the fact that most criminal and civil cases originate at this level. The majority of jury trials in Florida take place before a judge in the Circuit Court.
District Courts -- Florida is divided into five Appellate Court Districts, each with a District Court of Appeal (DCA), in: Tallahassee, Lakeland, Miami, West Palm Beach, and Daytona Beach.
Florida Supreme Court - comprised of seven justices; is the final step in the Court system unless an Appeal is made to the U.S. Supreme Court.
Court Costs: the expenses of prosecuting or defending a lawsuit, other than the attorneys' fees. An amount of money may be awarded to the successful party, and may be recoverable from the losing party, as reimbursement for Court costs.
Court of Appeals: See Appellate Court
Court Reporter: the person who records and transcribes testimony during Court proceedings, or related proceedings such as depositions.
Crash Report / Accident Report / Traffic Collision Report: See Accident Report.
Crashworthiness: the measure of how well a vehicle withstands a crash. If a vehicle does not meet required standards, the faulty design can result in injury to the occupant(s) during a crash.
Criminal Law: the body of law pertaining to crimes against the state, or conduct detrimental to society as a whole. Violations of criminal statues are punishable by law.
Cross examination: the questioning of a witness by the opposing party, not the one who produced the witness.
Cross-Claim: a claim brought by a Defendant in a lawsuit against a co-Defendant in the lawsuit.
D
Damages: the money payment recovered in the Courts for an injury or loss caused by an unlawful act, omission or negligence of another.
De novo: "Anew." A trial de novo is a completely new trial held in a higher or Appellate Court as if the original trial had never taken place.
Declaratory Judgment: a Judgment that declares the rights of the parties on a question of law.
Declaration: a formal statement, proclamation, or announcement.
Decree: a decision or order by the Court. A final decree completes the suit; an interlocutory decree is a provisional or preliminary decree which is not final.
Deductible: the amount an insured person must pay before the insurance company pays the remainder of each covered loss, up to the policy limits.
Default: a failure of a party to respond in a timely manner to a pleading; a failure to appear for trial.
Defendant: in a civil case, such as a car accident lawsuit, the Defendant is the person against whom a civil action is brought.
Defense Attorney / Counsel for the Defense: the attorney who represents the Defendant.
Degenerative: deterioration either caused by aging, or related to diseases such as arthritis.
Deponent: the person who testifies at a deposition.
Deposition: a form of Discovery in which a Plaintiff, a Defendant, a Witness, or an Expert Witness with relevant information about a lawsuit is formally questioned under oath by the Attorneys representing all parties in the lawsuit. The deposition is similar to the giving of oral testimony in a trial, but takes place under less formal circumstances, usually in the office of one of the Attorneys involved. The testimony may be transcribed into a printed format by a Court Reporter, whose costs are passed on to the Attorney and his/her client who scheduled the deposition.
Direct Examination: the questioning of a witness by the party who produced the witness.
Directed Verdict / Judgment as a Matter of Law: a ruling by a trial judge that takes a case from the jury because the evidence will permit only one reasonable verdict.
Disability: an objectively measurable condition of impairment, physical or mental.
Disc: the soft cushion material located between each of the vertebral bones in the spine. The hard outside shell of the disc is called the annulus fibrosis, while the soft center is called the nucleus pulposus.
Discectomy: a surgical procedure to remove a disc.
Discitis: an inflammatory process that can result in splits and cracks in a disc.
Discogenic Pain: the soft material inside the disc breaks out through a tear in the annulus, causing pain.
Discovery: after a lawsuit has begun, all parties to the case have the right to use certain formal procedures to discover relevant evidence possessed by the other parties or independent witnesses. These include: Depositions, Interrogatories, Requests for Admissions, Requests for Production of documents, and demands for Compulsory Medical Examinations, among others.
Dismissal with Prejudice: the dismissal of a case by a judge which prohibits the losing party from raising the issue again in another lawsuit.
Dismissal without Prejudice: the dismissal of a case by a judge in which the losing party is permitted to sue again under the same cause of action.
Disposition: the determination of a charge; the termination of any legal action.
Dissent: the disagreement of one or more judges of a Court with the decision of the majority.
Doctor / Patient Privilege: the right to exclude from Discovery and Evidence in a legal proceeding any confidential communication that a patient makes to a physician for the purpose of diagnosis or treatment, unless the patient consents to the disclosure.
Domicile: the place where a person has his or her permanent legal home. A person may have several residences, but only one domicile.
Due Process of Law: the right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as: adequate notice; assistance of counsel; and the rights to remain silent, to a speedy and public trial, to an impartial jury, and to confront and secure witnesses.
Dura Mater: the fibrous outer sheath surrounding the brain and spinal cord
Duty: in negligence cases, an obligation to conform to a particular standard of care. A failure to so conform places the negligent party at risk of being liable to an injured party to whom a duty was owed.
E
Economist: a type of Expert Witness who may sometimes be used in cases where it is difficult to express an injured person's future monetary losses in simple, present-day dollar terms. These particular damages may include such things as: lost ability to earn wages in the future (loss of future earning capacity); and/or the costs of long-term future medical care required by their injuries. An Economist can take these future dollar figures and, through calculations that may involve such things as work or life expectancy data, long-term interest rate information, and other economic details, provide a present day dollar value for the losses.
Emotional Distress: mental anguish. Emotional distress, when severe enough, can form a basis for the recovery of tort damages.
En banc "On the bench": all judges of an Appellate Court sitting together to hear a case.
Enjoin: to require a person to perform, or abstain, stop, or desist from, some act.
Epidural: the spinal canal is encased in a plastic bag-like structure named the Dura, which holds the fat, the blood, and an area external to them both. The area outside the Dura is named the epidural area.
Epidural Steroids: a technique that involves an injection to a region, not a specific area, in the back, in order to reduce inflammation and pain.
Epidurography: a procedure involving injecting contrast dye into the back to determine where adhesions have formed. The dye fills in the defects, which then can be seen on radiologic images.
Equal Protection of the Law: the guarantee in the 14th Amendment to the U.S. Constitution that all persons be treated equally by the law. Court decisions have established that this guarantee requires that Courts be open to all persons on the same conditions, with like rules of evidence and modes of procedure; that persons be subject to no restrictions in the acquisition of property, the enjoyment of personal liberty, and the pursuit of happiness, which do not generally affect others; that persons are liable to no other or greater burdens than such as are laid upon others, and that no different or greater punishment is enforced against them for a violation of the laws.
Equitable Remedies: remedies that do not include monetary settlements. Examples include Injunctions and Restraining Orders.
Estate: consists of personal property (car, household items, and other tangible items), real property, and intangible property (stock certificates and bank accounts) owned in the individual name of a person at the time of the persons death. It does not include life insurance proceeds unless the estate was made the beneficiary, or other assets that pass outside the estate (joint tenancy assets).
Estoppel: a person's own act, or acceptance of facts, which preclude his or her later making claims to the contrary.
Et al: and others.
Evidence: at trial, proof presented for the purpose of inducing belief in the minds of the jury or judge. Evidence comes in a variety of forms, including: testimony, writings, tangible objects, and exhibits.
Ex Parte: on behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing.
Examination Under Oath: a right that an insurance company has to ask you questions about a loss. The EUO is usually performed by an attorney hired by an insurance company. The EUO is recorded by a stenographer, who will swear you in and make a transcript of your statement.
Exclusionary Rule: the rule preventing illegally obtained evidence to be used in any criminal trial.
Exemplary Damages or Punitive Damages: compensation greater than is necessary to pay a Plaintiff for a loss. These damages are awarded because the loss was aggravated by violence, oppression, malice, fraud or wanton and wicked conduct on the part of the Defendant. Such damages are intended to punish the Defendant for his behavior, or make an example of him or her.
Exhibit: paper, document or other object received by the Court as evidence during a trial or hearing.
Expert Evidence: testimony given by those qualified to speak with authority.
Expert Witnesses: individuals trained in some particular specialty, such as medicine, engineering, accident reconstruction, or economics. By virtue of this training, they are qualified to render "expert opinions" or "expert testimony" regarding the facts of a case.
Some Expert Witnesses may have had direct involvement in the personal injury case prior to the beginning of a lawsuit such as: a treating physician, who directly provided medical care to an injured person; or, a police investigator at a traffic collision, who is fully trained in accident reconstruction (although very few officers actually have more than minimal training in this specialty.)
Most Expert Witnesses, however, are hired by one side or the other in a personal injury case, for the purpose of analyzing complex information that falls within their area of expertise.
Expert Witnesses may be vital to a personal injury case's successful conclusion, especially in cases where the facts are highly disputed or particularly complicated.
F
Facet Joint: the junction or joint between the vertebrae. The facet joint allows the spine to twist back and forth.
Fibrositis / Fibromyalgia: a chronic condition causing pain, stiffness, and tenderness of the muscles, tendons, and joints. Fibromyalgia is also characterized by restless sleep, awakening feeling tired, fatigue, anxiety, depression, and disturbances in bowel function.
File: to "file" a paper is to give it to the Court Clerk for inclusion in the case record.
Final Judgment: the written ruling on a lawsuit by the judge who presided at trial. This completes the case unless it is appealed to a higher court. Also: a final decree or final decision.
Florida Bar: a professional body of attorneys whose duties include the regulation and discipline of attorneys. Persons seeking admission to The Florida Bar must pass a character and fitness screening administered by the Florida Board of Bar Examiners. This includes passing a background investigation and a written Bar Exam. The Florida Bar's headquarters building and annex are located in Tallahassee, three blocks from the Florida State Capitol.
Florida Rules of Evidence: govern whether, when, how, and for what purpose, proof of a case may be placed for consideration before a trier of fact (Judge, Jury, etc.) in the state of Florida.
Foramen / Foramina: an opening in a bone through which nerve roots pass.
Foraminal Stenosis: at every level of the spine, the nerves exit through a small canal, called the Foramen, or Foraminal Canal. Foraminal Stenosis is a narrowing of this canal.
Four Wheel / 4-Wheel / 4-Wheeler: a small, open motor vehicle with four wheels; usually used off-road. See also: ATV / Quad / Trike / 3-wheeler
G
Gross Negligence / Willful Negligence: failure to perform a duty in reckless disregard of the consequences to another person's life or property.
Guardian / Guardianship: a person appointed by a will, or by law, to assume responsibility for incompetent adults or minor children.
H
Harmless Error: an error committed during a trial that was corrected, or was not serious enough to affect the outcome of a trial, and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal.
Health Insurance: a form of insurance that pays for medical expenses. It is sometimes used more broadly to include insurance covering disability or long-term nursing or custodial care needs. It may be provided through a government-sponsored social insurance program, or from private insurance companies. It may be purchased on a group basis (e.g., by a company to cover its employees) or purchased by individual consumers. In each case, the covered groups or individuals pay premiums to help protect themselves from high or unexpected healthcare expenses.
Health Maintenance Organization (HMO): a type of managed health care system that contracts with medical facilities, physicians, employers, and sometimes individuals to provide medical care to a group of people known as "members." Ideally, members of HMOs don't have any significant "out-of-pocket" expenses because the medical care is most often paid for by an employer at a fixed price per patient.
Hearing: an in-Court proceeding before a judge, generally open to the public.
Hearsay: evidence based on what the witness has heard someone else say, rather than what the witness has personally experienced or observed. The hearsay rule is codified in the Florida Statutes Title VII Chapter 90.801.
Hematoma: a swelling caused by a blood leakage; similar to a bruise.
Herniation: as the spinal disc becomes less elastic, it can rupture. When the disc ruptures, a portion of the spinal disc pushes outside its normal boundary--this is called a herniated disc. When a herniated disc bulges out from between the vertebrae, the spinal nerves and spinal cord can become pinched. There is normally a little extra space around the spinal cord and spinal nerves, but if enough of the herniated disc is pushed out of place, these structures may be compressed.
HIPAA / Health Insurance Portability and Accountability Act- requires the establishment of national standards for electronic health care transactions, and national identifiers for providers, health insurance plans, and employers. HIPAA privacy laws prevent medical information from being disclosed at the will of the insurance company or doctor without your authorization.
Hit and Run: an accident caused by someone who does not stop to assist or provide the required and necessary information. A hit and run car accident perpetrator may receive civil and/or criminal penalties that may include any or all of the following: compensatory fines, punitive fines, loss or suspension of driver's license, insurance and/or DMV points, loss of insurance coverage or driving privileges, probation, and jail time. Hit and run car accident penalties can be enhanced under a number of circumstances.
Hostile Witness: a witness whose testimony is not favorable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and may be cross-examined by the party who calls him or her to the stand.
Hung Jury: a jury whose members cannot agree upon a verdict.
I
Impaneling / Voir Dire: selecting a jury from the list of potential jurors; the process of preliminary examination of prospective Jurors, regarding their qualifications, by the Court, or the involved Attorneys.
Impeach: attack the credibility of a witness.
In Camera: in a judge's chambers; in private.
In Forma Pauperis: in the manner of a pauper; permission given to a person to sue without payment of Court fees on claim of indigence or poverty.
In Propria Persona: in Courts, it refers to persons who present their own case without lawyers. See Pro Se.
Inadmissible: that which, under the established Florida Rules of Evidence, cannot be admitted or received.
Indemnify: to restore the victim of a loss, either in whole or in part, by payment of money, or repair or replacement of the thing lost.
Independent Medical Examinations (IME): see Compulsory Medical Examination (CME).
Informed Consent: a person's agreement to allow something to happen, such as a medical procedure, based on full disclosure of the facts necessary to make an intelligent decision.
Injunction: a Court Order commanding or preventing an action. To get an injunction, the complainant must show that there is no plain, adequate, and complete remedy at law, and that an irreparable injury will result unless the relief is granted.
Ipso Facto: "by the very nature of the situation" For example, if 25% of all contractual litigation is caused by faulty drafting, then, ipso facto, the profession needs to improve its drafting skills.
Instruction: direction given by a judge to a jury regarding the applicable law in a given case.
Insurance Defense Attorney / Defense Attorney / Counsel for the Defense: when the negligent parties in a personal injury claim become the Defendants in a lawsuit, and the formal Complaint is served upon them, their insurance company will secure the services of a Defense Attorney to represent their interests.
The Defense Attorney is legally representing the Defendant, but is actually being paid by his/her insurance company. This can occasionally produce conflicts of interest which an experienced Personal Injury Attorney can make use of to his client's benefit.
Insured: a person who is covered or protected by an insurance policy
Interlocutory: provisional; not final. An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit.
Interrogatories: written questions asked by one party in a lawsuit for which the opposing party must provide written answers.
Intervention: an action by which a third person, who may be affected by a lawsuit, is permitted to become a party to the suit; differs from the process of becoming an amicus curiae.
Investigator: often a personal injury case will require more extensive investigation than can be properly provided by an attorney's in-house staff. In such instances, the attorney will often hire a private investigator for collection of additional evidence, such as witness statements, photographs of an accident site, or background research and/or location of potential Defendant.
Many private investigators also act as process servers. The costs for these investigative services will normally be advanced to the client by the personal injury attorney, to be later reimbursed as a case Cost under the contingent fee agreement.
Issue: the disputed point in a disagreement between parties in a lawsuit.
J
Joint Liability: liability shared by two or more parties.
Joint and Several Liability: refers to a Plaintiff's ability to sue one or more Defendants separately or all together at his or her option. It permits a group of Defendants to be held both individually and collectively liable for all damages suffered by the Plaintiff. The Plaintiff can recover the entire amount of damages from one Defendant, even if all of the Defendants are liable.
This common law doctrine has been significantly altered or eliminated by Statute in Florida
Judgment Notwithstanding the Verdict (JNOV): an Order by the trial judge entering a judgment in a manner which is contradictory to the jury's verdict. This is granted only when the verdict is unreasonable and unsupportable.
Judgment: final determination by a Court of the rights and claims of the parties in an action.
Jurisdiction: the legal right by which judges exercise their authority.
Jurisprudence: the study of law and the structure of the legal system.
Jury / Juror(s) / Jury Pool: persons selected according to law, and sworn to inquire into and declare a verdict on matters of fact. A petit jury is an ordinary or trial jury, composed of six to 12 persons, which hears either Civil or Criminal cases. In Orange County, jurors are typically selected randomly from Driver's License and Identification Card records.
K
Kane Law Firm, P.A.: a personal injury firm located in Orlando, Fl. The Kane Law Firm is dedicated to helping victims of negligence recover from their injuries. The Kane Law Firm can be reached at (407) 898-9130 or info@kaneinjury.com. The Kane Law Firm is located in Baldwin Park at 919 Outer Road, Suite A, Orlando, FL 32814.
L
Lapse in Coverage/Policy Lapse: a point in time when a policy has been canceled or terminated for failure to pay the premium, or when the policy contract is void for other reasons.
Law: the combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions, and established by local custom.
Lawsuit / Suit: generally, a court action brought by one person, the Plaintiff, against another, the Defendant, seeking compensation for some injury or enforcement of a right.
Lawyer / Attorney / Counsel / Counselor / Solicitor / Barrister: a person licensed to practice law.
Liability: an obligation that one is bound in law to perform; usually involves the payment of money damages.
Liable: legally responsible. Persons can be held liable because of their negligence, which many times can cause harm to another; i.e., a property owner can be held liable for a wet floor that caused a slip and fall accident.
Lien: a legal claim against another person's property as security for a debt. A lien does not convey ownership of the property, but gives the lien holder a right to have his or her debt satisfied out of the proceeds of the property if the debt is not otherwise paid.
Limine: a motion requesting that the Court not allow certain evidence that might prejudice the jury.
Litigant: a party to a lawsuit.
Litigation: the process of carrying on a lawsuit.
Loss of Consortium: when a person is injured, that person's spouse may also have a valid claim for Loss of Consortium. This represents many things, including: the spouse's loss of the injured person's assistance in caring for the family home and children, as well as the additional stress and strain placed upon the marital relationship by the physical injuries that were suffered.
Loss of Consortium is an element of Damages that should be evaluated on a case by case basis.
M
Mediation/Mediators: Mediation is a form of alternative dispute resolution in which the parties to a personal injury case come together before a Mediator, whose place is to aid the opponents in negotiating with one another, and coming to a mutually agreeable resolution for their dispute.
Mediations can take place at any time in a Personal Injury case, and can be voluntary or Court ordered.
Medical Malpractice: when a person is injured due to the negligence of a health care professional, the injured person may be able to pursue a medical malpractice claim against the negligent person and his/her employer (such as a hospital).
Medical malpractice is a sub-specialty of personal injury attorneys because this type of claim has many additional rules and requirements that are not common to other types of personal injury claims, including a much shorter Statute of Limitations period.
Medical Payments (Med-Pay or Coverage): insurance coverage that pays for medical expenses for Bodily Injury, up to the limit of your policy.
It covers your medical expenses, plus those of your family members or passengers, regardless of fault.
Applies whether you are in your automobile or someone else's, or if you are hit by an automobile while walking or bicycling.
PIP covers only 80 percent of medical expenses; Medical Payments coverage could cover the remaining 20 percent, and possibly the PIP deductible, depending on the policy provisions.
Medical payments also cover the amount in excess of the PIP limit, up to the limit of the medical payments benefits.
Medical Records, Histories and Records Releases (see HIPAA): in any claim or lawsuit for injuries that a person has suffered, his/her medical records are very important pieces of documentary evidence.
These records, showing the treating physicians' diagnoses, prognoses, and treatments will establish what specific injuries have been sustained, what the long-term expectations are either for recovery from the injuries or for permanent disability, and will specify the types and costs of medical treatment that has been, and will be, received
Medical Reports: reports that may be requested from doctors regarding an injured person's medical conditions.
MRI / Magnetic Resonance Imaging: an imaging technique used to view soft tissue inside the body. Unlike x-rays, it does not involve radiation. Images are created by a computer using radio frequencies generated as a magnet rapidly turns on and off.
Misfeasance: the performance of an act in an improper manner, by which another person receives an injury.
Mistrial: early termination of a trial; usually declared because of prejudicial error in the proceedings, or when there was a hung jury.
Mitigating Circumstances: 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.
Motion: oral or written request made by a party to an action before, during or after a trial upon which a court issues a ruling or order.
Myofascial Pain: pain and inflammation in the soft tissues or muscles.
N
Negligence: failure to exercise a reasonable degree of care, resulting in an unintended injury to another party.
Negligence per se: conduct, either by act or omission, which may be declared and treated as negligence without argument, or proof of negligence, usually because the conduct violates a statute.
A finding of negligence per se satisfies the Plaintiff's burden of proof that the Defendant's conduct was negligent. However, the burden remains on the Plaintiff to establish that his injuries were proximately caused by the statutory violation.
Neuropathic: relating to any disorder affecting any segment of the nervous system.
Nisi Decree: interim decree or order that will eventually become final unless something changes, or an event takes place.
Nonfeasance: failure to perform some act which should have been performed.
Non-jury Trial / Bench Trial: see Bench Trial.
Notice: in a civil case, formal notification to the party that has been sued of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding.
O
Oath: a solemn declaration, accompanied by a swearing to God or a revered person or thing, that one's statement is true, or that one will be bound to a promise. An oath subjects the person to penalties for perjury if the testimony is false.
Obiter Dictum: remark by a judge in a legal opinion that is irrelevant to the decision and does not establish precedent.
Objection: in a trial, a reason stated on the record by an attorney that a matter or proceeding is illegal.
Making objections in open Court is important for purposes of making a record for appeal.
Occupation Rehabilitation / Vocational Expert / Rehab Expert: a person who has sustained an injury may be prevented, either permanently or for an extended period of time, from returning to their normal occupation and/or specific job duties. If it is necessary for an injured person to either substantially change his/her job duties or to seek an entirely new line of work, there are professionals referred to as occupational or vocational rehabilitation specialists who can be of great help. These experts are familiar with the physical requirements of all occupations and can help find types of work for which the injured person may be best suited. They are also acquainted with the types and costs of job re-training programs that are available.
Occupational rehabilitation specialists are often hired as expert witnesses by personal injury attorneys because the long-term employment prospects of a permanently injured person, and the costs of re-training, are often a very large portion of the monetary damages in a personal injury case.
Opening Statement: the initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.
Opinion: a written statement by a judge or Court of the decision in a case, which describes the law applied to the facts of the case, and the reasons for the decision.
Oral Argument: an opportunity for lawyers to summarize their position before the Court, and to answer judges' questions.
Order: written direction or command made by a Court or judge, and not included in a judgment; a decree.
Osteomyelitis: inflammation of the bone marrow and adjacent bone.
Overrule: a judge's decision not to allow an objection. Also: a decision by a Higher Court, finding that a Lower Court decision was in error.
P
P.A. / Professional Association: (Kane Law Firm, P.A.): an association of practitioners of a given profession. The Kane Law Firm, a personal injury firm located in Orlando, FL, is a professional association dedicated to helping victims of negligence recover for their injuries. The Kane Law Firm can be reached at (407) 898-9130, at info@kaneinjury.com, and is located in Baldwin Park at 919 Outer Road, Suite A Orlando, FL 32814.
Paralegal: Paralegals, often referred to interchangeably as legal assistants, or case managers, handle much of the day-to-day work in a personal injury case, including preparing standard correspondence, reviewing records, summarizing Deposition transcripts, and generally assisting the Attorney in preparing the case for Settlement, Demand, Mediation, and/or Trial.
Paresthesia: an abnormal, mild tingling sensation.
Party / Parties: a person or persons, corporation(s), or association(s), who have commenced a law suit, or who are Defendants.
Peremptory Challenge: a challenge that may be used to reject a certain number of prospective jurors without giving a reason. Each litigant in a trial is given a limited number of peremptory challenges.
Peripheral Nerve Pain: pain in the nerves outside the brain or spinal cord that often causes a sensation of burning, tingling or numbness in fingers and toes.
Perjury: making intentionally false statements under oath. Perjury is a criminal offense.
Permanent Injunction: a court order requiring that some action be taken, or that some party refrain from taking action. It differs from forms of temporary relief, such as a temporary restraining order or a preliminary injunction.
Personal Injury Protection / PIP: a type of insurance that usually includes benefits for medical expenses, loss of income from work, and other benefits.
Personal Representative - see Administrator / Administratrix
Petition: written application to a Court requesting a remedy available under law.
Physical Damage: damage to your vehicle from perils including, but not limited to: collision, upset with another vehicle, objects, fire, vandalism or theft.
Physician-Patient Privilege (Doctor/Patient): the records that a physician has regarding his/her patients, as well as any communications between the doctor and patients have a special degree of confidentiality under the law referred to as the "patient-physician privilege."
When an injured person brings a personal injury lawsuit to recover for their damages, they waive this confidentiality, but only to a certain specific degree -- only as to medical records relating legally to the injuries they have suffered.
An experienced personal injury attorney will carefully guard his client's medical confidentiality for all medical matters not properly relating to the issues of the lawsuit.
Plaintiff / Defendant: when a personal injury lawsuit is filed with a Court, it will specifically name the people, corporations, business organizations, and government entities involved in the case.
Plaintiff - the person or persons who suffered injury, and are seeking recovery for damages by filing the lawsuit. If recovery was sought prior to the lawsuit, by way of an insurance claim, they are referred to as claimants.
Defendant - the person or persons who are alleged to have caused the injury and are named in the lawsuit.
In a personal injury case resulting from a traffic accident, for example, the Defendants may include parties such as the negligent operator of a motor vehicle, the owner of the vehicle, the driver's employer (if the driver was on-the-job), a public entity that may have responsibility for an improperly designed roadway or malfunctioning traffic signal, and so on.
It is very important not to overlook any possible Defendants, because if they are not brought into a lawsuit in a timely manner, the injured person's right to recover from them may be lost forever.
Plea: a Defendant's official statement of "guilty" or "not guilty" to the charge(s) made against him.
Pleading: a formal document in which a party to a legal proceeding, especially a civil lawsuit, sets forth or responds to allegations, claims, denials, or defenses.
Point of Law: a discrete legal proposition at issue in a case.
Policy: the written documents of a contract for insurance between the insurance company and the insured. Such documents include forms, endorsements, riders and attachments.
Polling the Jury: a practice whereby the jurors are asked individually whether they agreed, and still agree, with the verdict.
PPO / Preferred Provider Organization: a network of health care providers who contract with a specific health plan to provide discounted health care services to people covered by the plan. The providers are known as Preferred Providers, and include physicians, hospitals, and other medical professionals. When participants use Preferred Providers, they enjoy maximum insurance benefits. When non-network providers are used, participant's benefits are reduced, which may result in higher out-of-pocket expenses.
Posterior: a directional term meaning towards the back of the body.
Precedent: a previously decided case which is recognized as an authority for determining future cases.
Preponderance of Evidence: the general standard of proof in civil cases and exists when the weight of evidence presented by one side is more convincing to the judge or jury than the evidence presented by the opposing side; also referred to as the Greater Weight Of The Evidence.
Prima Facie / Prima Facie Case: literally means "at first sight," or "on the face of it." Prima Facie Evidence is evidence that is good and sufficient on its face. A Prima Facie Case is a case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial process.
A Plaintiff makes a prima facie case when he or she presents prima facie evidence, which means that the Plaintiff is permitted to prevail on that evidence alone, unless the Defendant can put forth sufficient evidence to overcome it.
Primary Care Physician (PCP): a physician employed by, or who contracts with, a managed health care system like an HMO. A PCP is usually a family practitioner. PCP's are also known as "gatekeepers" because they control a member's access to medical care within a health plan.
Pro Se / In Propria Persona: Latin phrase meaning "for self"; in Court, it refers to persons who present their own case without lawyers.
Probate: the Court-supervised process by which a decedent's property is distributed either by will or Statute. Probate confirms the appointment of the Personal Representative of the Estate. Probate also means the process by which assets are gathered; applied to pay debts, taxes, and expenses of administration; and distributed to those designated as beneficiaries in the will.
Proceeding: any hearing or court appearance related to the adjudication of a case.
Process Server: certain legal documents are required to be delivered or "served" by a person specially certified to do this -- a process server. In particular, a Process Server will be used to serve a Complaint, Summons, and the other paperwork that formally initiates a lawsuit on each and every Defendant in the case. A process server will also often be used to serve subpoenas on witnesses who are not parties to an action, such as independent eyewitnesses. Many process servers are also investigators, and vice versa.
Since it's so important to have these tasks accomplished quickly and accurately, experienced personal injury attorneys will be familiar with, and employ, process servers who are skilled at their work.
Products 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.
Prognosis: a prediction of the probable course and outcome of a disease or injury; the likelihood of recovery from a disease or injury.
Property Damage: in addition to their physical injuries, a personal injury claimant will often also have a claim for damage that was caused to their property. Usually, this involves damage to their automobile in a traffic collision, the costs of a rental vehicle, and sometimes also involves damage to property that was in the vehicle at the time of the collision and damaged as a result.
Property Damage Liability: insurance coverage that pays for damages you or members of your family cause, and are liable for, to other people's property in a motor vehicle crash.
Proximate Cause: the primary cause that produces the injury, and without which the accident could not have happened
Punitive Damages / Exemplary Damages: compensation greater than is necessary to pay a Plaintiff for a loss. These damages are awarded because the loss was aggravated by violence, oppression, malice, fraud or wanton and wicked conduct on the part of the Defendant. Such damages are intended to punish the Defendant for his behavior, or make an example of him or her.
Q
Quad: a small, open, motor vehicle with four wheels; usually used off-road. See also ATV / 4-wheeler / Trike / 3-wheeler
Quid pro quo: Latin for "something for something"
R
Radicular Pain: back or neck pain that radiates into the arms or legs.
Rebuttal: the introduction of contradicting or opposing evidence showing that what witnesses said occurred is not true; the stage of a trial at which such evidence may be introduced.
Record: the history of a case; an official written account of the proceedings of a Court, available for use as evidence.
Recovery: an amount awarded in or collected from a judgment or decree.
Redirect Examination: follows cross examination and is carried out by the party who first examined the witness.
Release: a document stating that somebody has surrendered something, such as a claim or right
Remand: to send back. A disposition by an Appellate Court that results in sending the case back for further proceedings to the Court from which it came.
Remedies: relief that the Plaintiff receives from the Defendant in a lawsuit. Often this will include monetary damages or equitable relief (i.e. injunctions).
Reply: a pleading by the Plaintiff in response to the Defendant's written Answer.
Request for Admissions: In pretrial discovery, a party's written factual statement served on another party who must admit, deny, or object to the substance of the statement. Ordinarily, many Requests For Admission appear in one document. The admitted statements, along with any statements not denied or objected to, will be treated by the Court as established, and therefore do not have to be proved at trial.
Request for Production: a form of Discovery that allows any party to a lawsuit to demand another party in the case provide documentary, photographic, or other physical evidence relevant to the case to them. Both the Request for Production and the formal response to it must follow specific formats and deadlines specified in the law.
An experienced personal injury attorney will be fully aware of these requirements as well as which types of documents should or should not be provided.
Res ipsa loquitur: Latin for "the thing speaks for itself." The doctrine providing that, in some circumstances, the mere fact of an accident's occurrence raises an inference of negligence so as to establish a Prima Facie case.
Respondent: a party against whom an appeal is brought in an appellate court; the prevailing party in the lower Court case.
Restitution: act of giving the equivalent for any loss, damage or injury.
Rests the case: when a party concludes his presentation of evidence.
Reversal: setting aside, annulling, vacating, or changing to the contrary, the decision of a Lower Court or other body.
Right: a legally enforceable claim that another will or will not do a given act; a recognized and protected interest, the violation of which is a wrong.
Rules of Evidence: governs the admissibility of evidence in trials.
S
Sciatica: pain in the lower back and hip radiating down the back of the thigh into the leg, initially attributed to sciatic nerve dysfunction; usually due to herniated lumbar disc comprising a nerve root, most commonly L5 or S1.
Self-Incrimination, Privilege Against: the constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the U.S. Constitution. Asserting the right is often referred to as "Taking the Fifth."
Sequester: to separate; sometimes juries are separated from outside influences during their deliberations. This may occur during a highly publicized trial.
Service: delivery of a legal document to the opposite party.
Set aside: annul or void, as in "setting aside" a judgment.
Settlement: the resolution of a claim or lawsuit at any stage prior to a jury verdict or a Mediation award. It simply means that the involved parties have decided to settle their dispute at some agreed upon value.
This is done entirely at the discretion of the people involved; however, once a settlement agreement is entered into, it becomes binding upon the parties.
Settlement Conference: a meeting between parties of a lawsuit, their attorneys, and a judge, to attempt a resolution of the dispute without trial.
Settlement Demand: a document prepared in a personal injury claim and presented to the opposing Insurance Company.
If the case settles before a lawsuit is filed, it is usually as the result of a Settlement Demand that the Plaintiff Attorney has prepared.
Even if the case does not resolve after a Settlement Demand is submitted, the Demand can often set the tone for continuing attempts at settlement as the case goes forward into litigation.
Severance of Actions: judicial proceeding separating the claims of multiple parties, and permitting separate actions on each one or some combination of them.
Skid Marks: in car accidents, skid marks are caused by rubber being deposited on the road, much like that of an eraser leaving pieces of rubber on paper. Skid marks can come about when a car suddenly accelerates on a slippery surface, takes a hard corner, or when the rubber of the car tires heats up with sliding friction, degrades and disintegrates at the road-tire interface, and is deposited on the road surface.
Slip and Fall: a lawsuit brought by a Plaintiff for injuries sustained in slipping and falling, usually on the Defendant's property, and as a result of a defect or condition of the Defendant's property.
Specific Performance: a remedy requiring a person who has breached a contract to perform specifically what he or she has agreed to do. Specific performance is ordered when damages would be inadequate compensation.
Spinal Manipulation: involves the distraction of tissue by the laying on of hands.
Stacking Insurance Policy: usually used in reference to Uninsured Motorist Coverage; allows you to collect from more than one auto insurance policy.
If you are hit by another driver and you have a two car policy with your insurance company, you could collect from both policies.
In Florida, you have the option to choose Stackable or Non-Stackable Uninsured / Underinsured Motorist insurance. If you elect the Non-Stacking type, the Insurance Company must maintain written proof of such a selection.
By selecting stacking for your Uninsured/Underinsured motorist (UM) Bodily Injury (BI) coverage, you increase your limits for each of these coverages by the number of cars you're insuring. If you were to insure two cars and select Stacking, your Uninsured and/or Underinsured Motorist Bodily Injury coverage limits of $50,000/$100,000 would double to $100,000/$200,000.
Spondylolisthesis: the slipping forward, or occasionally backward, of a vertebra over the one below it.
Spondylolysis: a spinal disorder in which the arch of the fifth, (or, rarely, the fourth) lumbar vertebra consists of relatively soft fibrous tissue instead of normal bone. As a result, the arch is weaker than normal and is more likely to be deformed or damaged under stress, which may produce Spondylolisthesis.
Sprain: slight ligament tear that heals itself, although it can weaken the ligament. Exercises to strengthen the surrounding muscles often are encouraged.
Standard of Care: in the law of negligence, the degree of care which a reasonable, prudent or careful person should exercise under the same or similar circumstances. If the standard falls below that established by law for the protection of others against unreasonable risk of harm, the person may be liable for damages resulting from such conduct.
Stare Decisis: policy of the courts to not overturn precedents.
Statute of Limitations: the time prescribed by statute in which a Plaintiff can bring a lawsuit.
Statute: a law created by the Legislature.
Stay: halting of a judicial proceeding by order of the court.
Stenosis: narrowing of body part. Spinal Stenosis is the narrowing of the spine in one or more of three parts: the space at the center of the spine; the canals where nerves branch out from the spine; or the space between vertebrae (the bones of the spine). This narrowing puts pressure on the spinal cord and nerves, and can cause pain.
Steroid: a strong, anti-inflammatory medication used to speed healing.
Stipulation: an agreement by the attorneys or parties on opposite sides of a case regarding any matter in the trial proceedings.
Strain: slight muscle tear that heals itself, although it can weaken the muscle.
Strict Liability: doctrine that holds Defendants liable for harm caused by their actions, regardless of their intentions. It is often applied to manufacturers or sellers of defective products in products liability cases.
Style: see Caption
Subdural: beneath the dura mater and above the arachnoid layer membrane that covers the brain and spinal cord.
Subject Matter Jurisdiction: the Court's power to deal with the general subject matter involved in a case. For example, a bankruptcy court judge has no subject matter jurisdiction to hear a divorce case.
Subpoena: a Court order used to compel witnesses, treating physicians, police officers, etc. to provide copies of written documents in their possession, or to appear and testify at a Deposition, Arbitration, or Trial. Subpoenaes are delivered by a Process Server.
Subpoena Duces Tecum: "Under penalty you shall take it with you"; a process by which the Court commands a witness to produce specific documents or records in a trial.
Subrogation: substitution of one person for another, giving the substitute the same legal rights as the original party. For example, an insurance company may have a right of subrogation to sue anyone the person it compensated had a right to sue.
Suit or Lawsuit: any Court proceeding in which an individual seeks a decision.
Summary Judgment: a decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.
Summons: a document or writ directing the Sheriff or other Officer to notify a person that an action has been commenced against him in Court, and that he is required to appear, on a certain day, or answer the Complaint in a particular action.
Sympathetic: a part of the autonomic (automatic) nervous system that is involved in the sensation of pain.
Sympathetic Ganglion: nerve cell bodies associated with that part of the autonomic nervous system involved with in the sensation of pain.
Sympathetically Mediated Nerve Pain: involving the autonomic nervous system.
Systemic: relating to the entire organism as distinguished from any of its individual parts.
T
Testimony: any statement made by a witness under oath in a legal proceeding.
Thecal Sac: is a hose-like sac made of dura (thick meninges) that is contained through most of the length of the spine. It contains the spinal cord, nerve roots, and cerebrospinal fluid.
Third-Party Claim: an action by the Defendant that brings a third party into a lawsuit.
Three Wheeler / 3-Wheeler: a small, open motor vehicle with three wheels; usually used off-road. See also ATV / 4-wheeler / Trike / Quad
Title: legal ownership of property, usually real property or automobiles.
Tort: a private wrong or harm committed against another, resulting in legal liability. A tort is either intentional or accidental. Automobile liability insurance is purchased to protect one from suits arising from unintentional torts.
Tort-feasor: one who commits a tort.
Toxicologist: one who studies the nature, effects, detection of, and treatment of poisoning. Many times a toxicologist will be retained to clarify issues such as blood alcohol content at the time of an accident.
Traffic Collision Report / Crash Report / Accident Report: see Accident Report
Transcript: the official record of a deposition, trial or hearing, done by a Court Reporter, and kept by the Clerk of the Court.
(TENS) Transcutaneous Electrical Nerve Stimulation Unit: a small electronic device that electrically stimulates the skin, muscles and nerve endings to relax muscles, or act as a blocking signal to pain stimuli along a nerve path.
Treating Physician: a doctor who has actually provided medical care to an injured person - as opposed to a doctor who may be hired as an Expert Witness by one or another side in a lawsuit, to provide technical expert opinion testimony, or to conduct an independent Compulsory Medical Examination (CME).
Trial: the presentation of evidence in Court to a Judge or Jury, who applies the applicable law to those facts, and then decides the case resolution.
Trike: a small, open motor vehicle with three wheels; usually used off-road. See also ATV / 4-wheeler / Quad / 3-wheeler
U
Uninsured/Underinsured Motorist Coverage/Claim - UM Claim: insurance that provides you with coverage for injuries caused in a traffic accident by a negligent person who either has no automobile insurance at all (uninsured), or has insurance that is inadequate to fully compensate you for your damages (underinsured).
V
Venue: the specific county, city or geographical area in which a Court has jurisdiction. For example, the 9th Judicial Circuit is the venue for Orange County Personal Injury Cases.
Verdict: a formal decision made by a judge or jury.
Vertebral Body: part of the vertebra which helps form a ring called the spinal canal through which the spinal cord runs.
Voir Dire / Impaneling: Voir Dire means "to speak the truth;" the process of preliminary examination of prospective Jurors, regarding their qualifications, by the Court, or the involved Attorneys.
W
Waiver of Immunity: knowing and voluntary relinquishment of a right.
Willful act: an intentional act carried out without justifiable cause.
Willful Negligence: the performance of an unreasonable act in disregard of a known risk, making it highly probable that harm will be caused. Willful Negligence usually involves a conscious indifference to the consequences. There is no clear distinction between Willful Negligence and Gross Negligence.
Witness: a person who testifies to what he or she has seen, heard, or otherwise experienced.
Worker's Compensation: provides insurance to cover medical care and compensation for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. In order to establish a right to workers' compensation benefits, there must be an employment relationship during which an accident or an injury arises in the course of employment, is related thereto, and includes aggravation, reactivation, acceleration or death resulting from the injury.
Writ: broadly, a Court Order requiring the performance of some act, or giving authority to have the act done.
Wrongful Death Action: an action brought to recover damages for the death of a person caused by a wrongful act, neglect, unlawful violence, or negligence of another. This Action is contingent upon the fact that no recovery for the same damages claimed in the Wrongful Death Action were obtained by the deceased during his lifetime.