The Wilson PC

Personal Injury Legal Glossary

Clear, plain-English definitions of the legal terms that come up in personal injury and accident cases. Browse the terms below, or jump to a letter.

A B C D E F G H I J L M N O P R S T U V W Y

A

Abstract of TitleAn Abstract of Title is a summarized record of every recorded document affecting a piece of real estate, including past owners…

Accident InvestigatorAn accident investigator is a professional who examines the scene, evidence, and witness accounts of an accident to determine how…

Accident ReportAn accident report is an official document that records the facts of an incident—what happened, who was involved, and the…

Act of GodAn "Act of God" is a sudden, natural event beyond human control or prevention—such as a flood, earthquake, or severe storm—that…

Admissibility Of EvidenceAdmissibility of evidence refers to the legal rules a judge uses to decide whether a piece of information is reliable and…

Admission Of LiabilityAdmission of liability is when a person, company, or insurer accepts responsibility for an act or failure that caused harm to…

AffidavitAn affidavit is a written statement of facts that a person signs voluntarily and swears to be true before a notary public or…

AirbagsAn airbag is a safety device that rapidly inflates during a collision to cushion vehicle occupants and reduce the risk of serious…

Alternative Dispute ResolutionAlternative Dispute Resolution (ADR) is a group of methods—like mediation, arbitration, and negotiation—used to settle legal…

Animals and Car AccidentsAn animal-related car accident is a collision caused by a wild or domestic animal entering the roadway, which can lead to…

Ante Litem NoticeAn ante litem notice is a formal written notice you must give a Georgia city or county before suing it — generally…

AppealAn appeal is a formal request asking a higher court to review a lower court's decision for legal errors that may have affected…

ArbitrationArbitration is a private dispute-resolution process in which a neutral third party hears both sides of a personal injury claim…

Assignment of BenefitsAn Assignment of Benefits (AOB) is a written agreement in which you transfer your right to collect insurance benefits to a third…

Assumption of RiskAssumption of risk is a legal defense arguing that an injured person knowingly and voluntarily accepted a known danger, which can…

Attorney Client PrivilegeAttorney-client privilege is a legal protection that keeps confidential the communications you share with your lawyer for the…

ATVs Golf Carts and RV AccidentsATV, golf cart, and RV accidents are collisions or crashes involving recreational or off-road vehicles that can cause serious…

Average Weekly WageAverage weekly wage (AWW) is the figure, usually based on your earnings in the 13 weeks before a work injury, that…

B

Bad Drug CasesLegal action for bad drug cases is the process of pursuing compensation from drug makers and other responsible parties when a…

Bad Faith ClaimsA bad faith claim arises when an insurance company unreasonably fails to honor its obligations to a policyholder, such as wrongly…

Bed SoresBed sores, also called pressure ulcers or decubitus ulcers, are injuries to the skin and underlying tissue caused by prolonged…

Bodily InjuryBodily injury refers to physical harm caused by another person's negligence or wrongful conduct, and the law gives injured…

Bodily Injury Liability InsuranceBodily injury liability insurance is the coverage in an at-fault driver's auto policy that pays for the medical bills, lost…

Breach of DutyBreach of duty occurs when a person or business fails to meet the standard of care the law requires, falling short of how a…

Burden of Proof In Personal Injury CasesThe burden of proof is the injured person's legal responsibility to present enough evidence to convince the court that, more…

C

Car Accident LawyerA car accident lawyer is an attorney who focuses on helping crash victims protect their rights, deal with insurers, and pursue…

Car AccidentsA legal guide to car accidents is an overview of the rights, responsibilities, and legal processes that apply when drivers are…

Catastrophic InjuryA catastrophic injury is a severe, often permanent injury that causes long-term disability, disfigurement, or loss of bodily…

CausationCausation is the legal link between someone's wrongful conduct and the harm a victim suffered, and it must be proven to hold that…

Change In ConditionA change in condition is a claim to restart, increase or modify Georgia workers’ compensation benefits because your…

Changing Lanes AccidentsA changing lanes accident is a collision that happens when a driver moves from one lane to another without enough caution…

Children in Vehicle AccidentsA child vehicle accident claim is a personal injury case brought on behalf of an injured minor by a parent or guardian to recover…

Circumstantial EvidenceCircumstantial evidence is indirect proof that requires drawing a logical inference to connect it to a fact, rather than proving…

Civil Court CaseA civil court case is a non-criminal legal dispute in which one party (the plaintiff) sues another (the defendant) to resolve a…

Civil RightsCivil rights are the legally protected freedoms and equal-treatment guarantees that every person holds, and disputes arise when…

Class Action LawsuitsA class action lawsuit is a single legal case in which one or more representatives sue on behalf of a large group of people who…

CollisionA collision is an accident in which a vehicle strikes another vehicle, person, animal, or object, often triggering…

Commercial Vehicles in AccidentsA commercial vehicle accident is a collision involving a vehicle used to transport goods or paying passengers—such as a delivery…

Comparative NegligenceComparative negligence is a legal rule that reduces or bars an injured person's compensation based on the percentage of fault…

Compensable InjuryA compensable injury is any harm, illness, or impairment that qualifies a person for financial compensation, most often under…

Compensation in Personal Injury CasesCompensation in a personal injury case is the monetary recovery awarded to an injured person to cover their losses caused by…

Compensatory DamagesCompensatory damages are the money a court awards to reimburse an injured person for the actual losses they suffered because of…

Compulsory Medical ExaminationA compulsory medical examination is a court-ordered or insurance-requested medical evaluation used to assess the nature and…

ConcussionA concussion is a mild traumatic brain injury caused by a blow, jolt, or violent shaking of the head that disrupts normal brain…

Constructive KnowledgeConstructive knowledge is what a property owner should have known through reasonable care, even if they did not…

Consultation with a Personal Injury LawyerA consultation with a personal injury lawyer is an initial meeting where an attorney reviews the facts of your accident, explains…

Contingency FeeA contingency fee is a payment arrangement in which your attorney's fee is a percentage of the money you recover, meaning you owe…

Contributory NegligenceContributory negligence is a legal principle that holds an injured person partly responsible for their own harm when their own…

D

DefendantA defendant is the person, company, or entity that an injured plaintiff sues and accuses of causing harm in a personal injury…

Demand LetterA demand letter is a formal written document sent to an at-fault party or their insurer that outlines your injuries, liability…

DepositionA deposition is sworn, recorded testimony given by a witness or party out of court during the discovery phase of a personal…

Diminished ValueDiminished value is the resale value your vehicle loses simply because it now has an accident on its history…

DiscoveryDiscovery is the pre-trial phase of a lawsuit in which both sides formally exchange evidence and information about the claims and…

Dram Shop LiabilityDram shop liability is the legal responsibility a bar, restaurant or store can bear for injuries caused by someone…

Duty of CareDuty of care is a person's or company's legal obligation to act with reasonable caution to avoid causing foreseeable harm to…

E

Economic DamagesEconomic damages are the quantifiable, out-of-pocket financial losses an injury victim suffers because of someone else's…

Exclusive RemedyThe exclusive remedy rule means that in most Georgia cases workers’ compensation is the only claim an injured…

ExhibitAn exhibit is a piece of physical, documentary, visual, or digital evidence formally introduced in a legal case to prove the…

Expert WitnessAn expert witness is a qualified professional who uses specialized knowledge, training, or experience to give the court an…

F

ForeseeabilityForeseeability is the legal concept that asks whether a reasonable person could have anticipated that their conduct might cause…

G

Gross NegligenceGross negligence is conduct that shows a reckless or willful disregard for the safety of others, going far beyond ordinary…

H

HearsayHearsay is an out-of-court statement that a party tries to use in court to prove the truth of what the statement asserts, and it…

Hit and RunA hit and run is a traffic crash in which a driver involved in the collision leaves the scene without stopping to identify…

Hours Of ServiceHours of service are the federal rules limiting how long commercial truck drivers may drive and work before resting…

I

Impairment RatingAn impairment rating is a percentage assigned by a physician that measures the degree of permanent loss of function in an injured…

Independent Medical Examination (IME)An independent medical examination (IME) is an evaluation by a physician who is not your treating doctor, used in…

Insurance ClaimAn insurance claim is a formal request a policyholder or injured person makes to an insurance company seeking payment for a loss…

InterrogatoriesInterrogatories are formal written questions one party sends to another during the discovery phase of a lawsuit, which must be…

J

Joint and Several LiabilityJoint and several liability is a legal doctrine that allows an injured person to recover the full amount of their damages from…

Judgment In Personal Injury LawA judgment is the final, legally binding decision a court makes about liability and the compensation owed in a personal injury…

L

Legal ClaimFiling a legal claim is the formal process of submitting a demand for compensation to a court or insurer because someone else's…

Legal ComplaintA legal complaint is the formal written document that officially starts a lawsuit by stating who you are suing, why, and what…

Legal ConsultationA legal consultation is a meeting in which an attorney reviews your situation, explains your legal rights and options, and helps…

Legal Consultation in Personal Injury CasesA legal consultation in a personal injury case is a meeting between an injured person and an attorney to evaluate the claim…

LiabilityLiability is the legal responsibility one party bears for causing harm to another, which obligates them to compensate the injured…

Light Duty WorkLight duty work is a modified job assignment within the physical restrictions your doctor has set after a work…

Loss of ConsortiumLoss of consortium is a legal claim that allows the uninjured spouse of an accident victim to recover damages for the loss of…

Loss of Earning CapacityLoss of earning capacity is the measurable reduction in a person's ability to earn money in the future because of injuries caused…

Lost WagesLost wages are the income and employment benefits you were unable to earn because injuries from an accident kept you from working.

M

Maximum Medical ImprovementMaximum Medical Improvement (MMI) is the point at which an injured person's condition has stabilized and is not expected to…

MediationMediation is a voluntary or court-ordered process in which opposing parties in a personal injury dispute work with a neutral…

Medical LienA medical lien is a legal claim that allows a hospital, doctor, or insurer to be repaid for treatment costs directly from the…

Medicare Set AsideA Medicare set-aside is a portion of a settlement earmarked to pay future injury-related medical costs that…

MedPay CoverageMedPay, or medical payments coverage, is optional auto insurance that pays your medical bills after a crash…

Mitigation of DamagesMitigation of damages is the injured person's legal duty to take reasonable steps to limit or reduce the harm and financial…

MotionA motion is a formal written or oral request asking a judge to issue a specific ruling or order in a legal case.

Motor CarrierA motor carrier is the company that operates commercial vehicles to transport goods or passengers — and in a truck…

N

NegligenceNegligence is the failure to use the level of care a reasonably careful person would use in the same situation, causing harm to…

Negligence Per SeNegligence per se is a legal doctrine that treats the violation of a safety statute or regulation as automatic proof that a…

Negligent EntrustmentNegligent entrustment is a legal claim that holds a person or company responsible for harm caused when they let someone they…

Negligent HiringNegligent hiring is a legal claim that holds an employer responsible when it hires an unfit or dangerous employee who then harms…

Negligent Infliction Of Emotional DistressNegligent infliction of emotional distress (NIED) is a legal claim that lets a person recover compensation for serious…

Non-Economic DamagesNon-economic damages are the money awarded for the intangible, personal harms of an injury, such as pain and suffering, emotional…

O

Open And Obvious DoctrineThe open and obvious doctrine is the defence that a property owner is not liable for a hazard so plainly visible…

P

Pain and SufferingPain and suffering refers to the physical pain and emotional distress an injury victim endures because of an accident…

Panel Of PhysiciansA panel of physicians is the list of approved doctors a Georgia employer must post for injured workers to choose…

Permanent DisabilityPermanent disability is a lasting physical or mental impairment caused by an injury that is not expected to fully heal and that…

Permanent Partial Disability (PPD)Permanent partial disability (PPD) benefits compensate Georgia workers for lasting impairment that remains after a…

Permissive UsePermissive use is the principle that your auto insurance generally follows the car rather than the driver — so when…

Personal Injury ClaimMaking a personal injury claim is the legal process of seeking compensation from a party whose negligent or intentional conduct…

Personal Injury Protection (PIP)Personal Injury Protection (PIP) is a type of auto insurance coverage that pays for an insured person's medical bills and certain…

PlaintiffA plaintiff is the person who files a lawsuit, asking the court to hold another party responsible for harm and to award…

Pre Trial ConferenceA pre-trial conference is a formal meeting between the judge and the attorneys (and sometimes the parties) held before trial to…

Pre-existing ConditionA pre-existing condition is any injury, illness, or medical issue you had before an accident that may be aggravated or worsened…

Premises LiabilityPremises liability is the legal principle that holds property owners and occupiers responsible for injuries caused by unsafe or…

Preponderance Of The EvidencePreponderance of the evidence is the standard of proof in most civil cases, including personal injury — you must…

Product LiabilityProduct liability is the legal responsibility that manufacturers, distributors, and sellers have when a defective or dangerous…

Proximate CauseProximate cause is the legal principle that connects a defendant's careless act to the plaintiff's injury closely enough that the…

Punitive DamagesPunitive damages are court-awarded money intended to punish a defendant for especially reckless or malicious conduct and to…

R

Recorded StatementA recorded statement is an insurance adjuster’s audio-recorded interview about how a crash happened and what…

RehabilitationRehabilitation is the structured medical and therapeutic process designed to help injured people regain strength, function, and…

Release of LiabilityA release of liability is a legally binding document in which an injured person gives up the right to pursue further claims…

Res Ipsa LoquiturRes ipsa loquitur is a legal doctrine that allows a jury to infer that the defendant was negligent because the type of accident…

Respondeat SuperiorRespondeat superior is a legal doctrine that holds an employer responsible for the negligent acts an employee commits while…

S

Settlement AgreementA settlement agreement is a legally binding contract that resolves a personal injury claim by setting the compensation and terms…

Soft Tissue InjuryA soft tissue injury is damage to the body's muscles, tendons, ligaments, or other connective tissues, rather than to the bones…

Sovereign ImmunitySovereign immunity is a legal doctrine that protects government entities from being sued without their consent, often limiting…

Spoliation of EvidenceSpoliation of evidence is the destruction, alteration, loss, or failure to preserve evidence that is relevant to pending or…

Stacking Of Insurance CoverageStacking is combining the limits of more than one insurance policy or vehicle to increase the total coverage…

Standard of CareStandard of care is the level of caution and conduct that a reasonably prudent person would exercise under similar circumstances…

Statute of LimitationsA statute of limitations is the legal deadline by which an injured person must file a lawsuit, after which the right to sue is…

Statute of ReposeA statute of repose is a law that sets an absolute deadline to file certain claims based on a fixed event, after which the right…

Strict LiabilityStrict liability is a legal doctrine that holds a party responsible for harm regardless of fault or intent, meaning the injured…

Structured SettlementA structured settlement is a financial arrangement in which a personal injury settlement is paid out in periodic installments…

SubpoenaA subpoena is a legally binding court order that requires a person or organization to testify, appear at a deposition, or produce…

SubrogationSubrogation is the legal right of an insurer or other payer to recover money it spent on your behalf out of the compensation you…

Summary JudgmentSummary judgment is a court ruling that decides a case, or part of one, without a trial — granted when there is no…

Survival ActionA survival action is a legal claim brought by a deceased person's estate to recover the damages the person experienced from the…

T

Temporary Partial Disability (TPD)Temporary partial disability is the Georgia workers’ compensation benefit paid when you can work after an injury…

Temporary Total Disability (TTD)Temporary total disability (TTD) benefits are weekly payments—generally two-thirds of your average weekly wage—paid…

The Collateral Source RuleThe collateral source rule is a legal principle that bars a defendant from reducing the damages they owe by pointing to money the…

Third Party ClaimA third party claim is a claim you file against someone else’s insurance company rather than your own — for…

TollingTolling is a legal rule that temporarily pauses or delays the running of the statute of limitations, giving an injured person…

TortA tort is a civil wrong that causes harm to another person and gives the injured party the legal right to seek compensation…

TortfeasorA tortfeasor is the person or entity whose wrongful or negligent conduct causes harm to another, making them legally responsible…

Total LossA total loss occurs when the cost to repair a damaged vehicle meets or exceeds a set percentage of its pre-accident value…

Traumatic Brain InjuryA traumatic brain injury (TBI) is damage to the brain caused by an external force such as a blow, jolt, or penetrating object…

U

Uninsured and Underinsured Motorist CoverageUninsured and underinsured motorist (UM/UIM) coverage is part of your own auto insurance policy that pays for your injuries and…

V

VerdictA verdict is the formal decision a judge or jury reaches at the end of a trial, determining whether the defendant is liable and…

Vicarious LiabilityVicarious liability is a legal doctrine that holds one party—usually an employer—legally responsible for the negligent acts of…

W

WhiplashWhiplash is a neck injury caused by the rapid, forceful back-and-forth motion of the head that strains the muscles, ligaments…

Workers’ Compensation OffsetThe workers’ compensation offset is the reduction Social Security applies to your disability benefits when your…

Wrongful DeathWrongful death is a legal claim brought when a person dies because of another party's negligent, reckless, or intentional conduct.

Y

You Are Entitled ToLegal benefits are the rights, protections, and forms of compensation that the law guarantees to individuals, including injury…

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