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Bad faith - Intent to deceive. A person who intentionally tries to deceive or mislead another in order to gain some advantage. Collateral source rule - A rule of tort law which holds that the tortfeasor is not allowed to deduct from the amount he or she would be held to pay to the victim of the tort, any goods, services or money received by that victim from other "collateral" sources as a result of the tort (eg. insurance benefits). Consumer goods - Items which are used or bought for primarily personal, family or household purposes. Consumer Product Safety Commission - A federal agency that has primary responsibility for establishing mandatory product safety standards to reduce the unreasonable risk of injury to consumers from consumer products. Consumer protection - Laws designed to protect consumers against unfair trade and credit practices involving faulty or dangerous goods. Comparative negligence - A principle of tort law which looks at the negligence of the victim and which may lead to either a reduction of the award against the defendant, proportionate to the contribution of the victim's negligence, or which may even prevent an award altogether if the victim's negligence, when compared with the defendant, is equal to or greater in terms or contributing to the situation which caused the injury or damage. Complaint - written document filed in court in which the person initiating the action names the persons, allegations, and relief sought Damages - The harm suffered by a plaintiff, for personal injury claims the damages are generally non-economic, or general damages, and economic, or special damages. Disfigurement. When an accident or injury has left a person deformed or disfigured, e.g., by scars or other permanent effects on personal appearance, the injured person (the "plaintiff") may be able to collect damages for any mental suffering that arises due to awareness of the disfigurement. These damages are sometimes included as an element of other types of damages, such as mental anguish. General damages. Compensation for harm that ordinarily results from wrongful conduct, such as physical and mental pain, and loss of enjoyment of life after an accident or injury. These damages cannot be proved with any clear specificity, but are awarded based on the fact that they normally follow from an accident or injury. Lost earning capacity. After an accident or injury, these damages may be recovered if the plaintiff proves that his or her ability to earn money in the future has been impaired or diminished by the injuries. Factors that help determine whether an award should be made include the plaintiff's age, health, life expectancy, occupation, talents, skill, experience, and training. Past earnings are a factor in determining the appropriate amount of compensation for lost earning capacity, but the claim really focuses on what might have been earned were it not for the accident or injury. Lost wages. These damages represent the amount of money a plaintiff would have earned -- from the time of the injury to the date of settlement or judgment. An unemployed person may be permitted to recover lost wages if he or she can prove what could have been earned during the same period. Medical expenses. Bills and expenses for medical services such as doctors, hospital stays, emergency room treatment, ambulance fees, and nursing services. A plaintiff must show that the expenses are related to medical conditions resulting from his or her injury. The total amount of medical expenses is sometimes used as a rough guide to decide whether the overall award of damages is reasonable. Note that the cost of a medical examination for purposes of litigation is not ordinarily recoverable as a medical expense. Medical surveillance. The cost of monitoring plaintiff's medical condition after the plaintiff was exposed to a hazardous substance, so that any illness or injury might be detected early. Mental anguish. Any mental suffering or emotional distress associated with an accident or injury, including fright, terror, apprehension, nervousness, anxiety, worry, humiliation, mortification, feeling of lost dignity, embarrassment, grief, and shock. Pain and suffering . An award for past and future physical pain in connection with an accident or injury. To place a monetary value on pain and suffering, the jury considers the nature of the injury, the certainty of future pain, its severity, and how long the plaintiff is likely to be in pain. Some states allow the jury to assume that if a bodily injury has occurred there has been some pain and suffering, and some require that the plaintiff be conscious for some time period during the injury. Future medical expenses. This type of recovery is permitted if the plaintiff proves that he or she will need continued medical care as a result of the accident or injury. The proof must be sufficient for the jury to make an approximate estimate of the cost, i.e. through the medical opinion of a treating doctor. Special damages. This is a general category of damages that covers all monetary losses, including medical expenses after an accident or injury. Recovery requires detailed proof that the losses were sustained, and a showing of how much money was involved. General damages. Compensation for harm that ordinarily results from wrongful conduct, such as physical and mental pain, and loss of enjoyment of life after an accident or injury. These damages cannot be proved with any clear specificity, but are awarded based on the fact that they normally follow from an accident or injury.
Debt - A fixed and certain obligation to pay money or some other valuable thing, either in the present or in the future. Deposition - The official statement by a witness taken in writing (as opposed to testimony which where a witnesses give their perception of the facts verbally). Affidavits are the most common kind of depositions. Due process - A term of US law which refers to fundamental procedural legal safeguards of which every citizen has an absolute right when a state or court purports to take a decision that could affect any right of that citizen. The most basic right protected under the due process doctrine is the right to be given notice, and an opportunity to be heard. The term is now also in use in other countries, again to refer to basic fundamantal legal rights such as the right to be heard. Equal Credit Opportunity Act - A federal act prohibiting a creditor from discriminating against any applicant on the basis of race, color, religion, national origin, age, sex or marital status. (15 U.S.C. Sec. 1691) Garnishment - Satisfaction of an obligation from a debtor's property or wages. Joint and several liability - referring to a debt or a judgment for negligence, in which each debtor (one who owes) or each judgment defendant (one who has a judgment against him/her) is responsible (liable) for the entire amount of the debt or judgment. Thus, in drafting a promissory note for a debt, it is important to state that if there is more than one person owing the funds to be paid, the debt is joint and several, since then the person owed money (creditor, promisee) can collect the entire amount from any of the joint signers of the note, and not be limited to a share from each debtor. If a party injured in an accident sues several parties for causing his/her damages, the court may find that several people were "jointly" negligent and contributed to the damages. The entire judgment may be collected from any of the defendants found responsible, unless the court finds different amounts of negligence of each defendant contributed to the injury. Liability - Any legal obligation, either due now or at some time in the future. It could be a debt or a promise to do something. To say a person is "liable" for a debt or wrongful act is to indicate that they are the person responsible for paying the debt or compensating the wrongful act. Magnuson-Moss Warranty Act - A federal statute requiring that written warranties to consumer products must fully and conspicuously disclose the terms and conditions of the warranty in simple, readily understood language. (15 U.S.C. Sec. 2301) Negligence - Not only are people responsible for the intentional harm they cause, but their failure to act as a reasonable person would be expected to act in similar circumstances (i.e. "negligence") will also give rise to compensation. Negligence, if it causes injury to another, can give rise to a liability suit under tort. Negligence is always assessed having regards to the circumstances and to the standard of care which would reasonably be expected of a person in similar circumstances. Everybody has a duty to ensure that their actions do not cause harm to others. Between negligence and the intentional act there lies yet another, more serious type of negligence which is called gross negligence. Gross negligence is any action or an omission in reckless disregard of the consequences to the safety or property of another. See also contributory negligence and comparative negligence. Plaintiff - the party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of rights.
Preemption - the rule of law that if the federal government through Congress has enacted legislation on a subject matter it shall be controlling over state laws and/or preclude the state from enacting laws on the same subject if Congress has specifically stated it has "occupied the field." Punitive Damages - awarded in cases of serious or malicious wrongdoing to punish the wrongdoer, or deter others from behaving similarly. In most states, a plaintiff may not recover punitive damages in a wrongful death action. There are some states, however, that have specific statutes that permit the recovery of punitive damages. In states that do not explicitly allow or disallow punitive damages in wrongful death actions, courts have held punitive damages permissible. An attorney will be able to advise you as to whether your state allows punitive damages. Repossession - The act of recovering goods sold on credit or installment when the buyer fails to pay for them. Truth- in- Lending Act - A federal act assuring that every individual who has need for consumer credit is given full disclosure of the terms and cost of the credit. (15 U.S.C. Sec. 1601) Uniform Commercial Code - A uniform law, adopted by some states, designed to simplify and modernize the consumer credit and usury laws, to further consumer understanding of the terms of credit transactions and to protect consumers against unfair practices. Warranty - In contract law, an express or implied promise that something in furtherance of the contract is guaranteed, especially a seller's promise that the thing being sold is as represented. Warranty of Merchantability (Fitness for a particular purpose) - A promise arising by operation of law that something sold shall be merchantable and fit for the purpose required. Don't see a word or term you need? E-mail us the word and we'll post the definition.
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