Seegmiller Johnson Attorneys > Resources > Glossary
Glossary
Seegmiller Johnson has provided you with a legal glossary
so that you can better understand some of the legal vocabulary used throughout our
website
and during your personal injury claim.
Contact
Seegmiller Johnson to schedule a free initial consultation.
Abuse – Abuse occurs when one person causes physical or emotional
injury or harm to another person. Abuse can also be sexual, if a sexual act is performed
on another person without their consent. When older individuals are abused, like
in
nursing home abuse
, the results can be very serious.
Accident – An incident that occurs that causes one either economic
or non-economic loss. Accidents can occur almost anywhere, anytime, and can include
auto accidents
,
truck accidents
, and
motorcycle accidents
.
Appeal – After a court decision has been made, the decision can
be appealed to a higher court to have the decision reduced or dismissed.
Attorney – A lawyer who is licensed to practice law and represent
another person in legal matters.
Beneficiary – A person who is entitled to part or all of an estate
left by the death of another person.
Breach of Warranty – The failure or violation of a warranty, written,
expressed, or implied, due to a defect in a product.
Cause – The circumstance that brings about a result or effect.
A cause is the reason for bringing a legal action.
Claim – A claim is an assertion of your legal right to demand compensation
for a loss you have endured.
Comparative Negligence – The process of apportioning damages and
liability to multiple parties, determined by the proportion of fault in an incident.
Compensation – The act of making up for a loss. The court can award
monetary compensation for losses that you have endured.
Contributory Negligence – Contributory negligence is an old law
that says if you had any part in the cause of your injuries, you are unable to recover
any compensation from the defendant.
Damages – Damages is the legal term for the monetary compensation
received for losses endured.
Decision – A determination made from a consideration of law and
facts.
Defective Product – A defective product is any product that causes
you to suffer loss as the result of some defect, whether it is a design defect,
manufacturing defect, or failure to warn.
Defendant – The defendant is the party who is being accused of
causing the losses endured by another person. In a personal injury claim, the defendant
or their insurance company can be held accountable for compensating you for your
losses.
Disability – Being unable to gain employment due to mental or physical
impairment.
Dispute – The disagreement or opposition of views or claims.
Fault – The responsibility of the negligence that caused injury
or damage.
Guardian – A person who is either legally appointed or entitled
to manage and care for another person and their property.
Immunity – The exemption of personal or civil liability from civil
torts or criminal cases.
Income – A reoccurring gain or benefit of money determined by labor
or capital.
Injury – The harm, loss, or damage sustained as the result of another
person's negligence.
Judgment – A formal decision made by a court official or judge.
Juvenile – A person who has not yet reached an age specified by
law, usually 18, and thus cannot be punished as an adult.
Liability – Liability, in the legal sense, is similar to responsibility
or accountability for injuries or losses endured by another person.
Limitation – The amount of time you have to bring a legal action
against the party that caused you loss. This amount of time begins from the time
that you learn you have been a victim.
Loss – The detriment or harm of your physical being, emotions,
or property (economic loss).
Malpractice – Malpractice can occur in any professional setting
when a person is injured as the result of breach of duty, negligence, or lack of
ordinary skill.
Mental Anguish – The pain, torment, distress, or suffering of emotions
as the result of the negligence of another.
Negligence – Negligence causes many different personal injuries.
When a person fails to exercise care, or acts in a way that causes injury, harm,
or loss. Negligence can be difficult to show, which is why a negligence lawyer is
very helpful in personal injury claims.
Personal Injury – A
personal injury
is any injury that occurs to your body, emotions, or mind.
Premises – Any part of a building or tract of land and the area
or easements around it.
Premises Liability – If you are injured on another person's
property,
premises liability
holds the owner or manager of the property responsible for your injuries.
Product Liability – Holds the manufacturer, distributor, wholesaler,
or retailer responsible for injuries suffered as the result of a defective product.
Proof – The effect of providing sufficient evidence as to persuade
another person that a fact exists.
Property – Anything that is owned or possessed, as in land, products,
interests, etc.
Property Damage – Property damage occurs when you are involved
in an incident in which harm is done to your personal property. A
property damage
claim can be settled at no additional cost when our car accident attorneys are handling
your
car accident
claim.
Recover – To gain back or obtain a settlement through a legal judgment
or claim.
Risk – The possibility of suffering a loss or injury.
Settlement – A legal agreement between two parties, reducing or
resolving a difference.
Social Security – Social Security is a government-funded program
to provide people who are unable to work with compensation so that they are able
to live. Social security disability can be difficult to apply for and receive without
the aid of a social security disability lawyer.
Strict Liability – Strict liability is imposed on a party that
caused injuries or other losses to another. Strict liability is common in workers'
compensation and product liability claims.
Warranty – A promise or guarantee of the integrity of a product
written in a contract, expressed verbally, or imposed by law in recognition of the
nature of the product or transaction.
Witness – A person who can be called on to provide evidence, establishing
the authenticity of an occurrence.
Workers' Compensation – Workers' compensation is payment
provided to employees when they are injured while at work. Negligence does not need
to be shown in order to receive workers compensation.
Wrongful Death – A wrongful death is the death of a person caused
by the negligence, willful act, or wrongful act of another. In most cases, only
the immediate family is able to file a
wrongful death
claim.