Resources - Legal Terms

Assumption of Risk - A voluntary acceptance of a risk of damage or loss under circumstances where such risk is reasonable or probable. Many state ski statutes say that skiers assume certain risks by engaging in the sport, and therefore the ski area operators are not liable for these risks. For example, trees and rocks are natural and inherent objects on a ski slope. Therefore, skiers naturally assume the risk of hitting a tree or a rock when they ski. Ski areas are usually not liable when this happens.

Civil Action: - A lawsuit outside of the criminal justice system, seeking redress or an award of damage for a civil wrong.

Comparative or Contributory Negligence: - This type of negligence concerns the acts of the injured party, and asks to what extent the injured party was responsible for their own injury. A plaintiff’s recovery is often reduced if a defendant can prove that the plaintiff contributed to his or her own injury in some way. For example, in a skier / skier collision case, a skier’s ability to recover may be reduced if the defendant can prove the skier was skiing out of control. In that situation, the plaintiff’s failure to ski in control contributed to her own injury. If an auto collision results due to one driver speeding and the other running a stop sign, both are guilty of comparative negligence.

Damages: - An injured party may be entitled to compensation for certain kinds of damages. These types of damages can include: Medical expenses incurred in the treatment of both past and future injuries; lost wages (both past and future); loss of ability to enjoy life; loss of services, and loss of companionship and sexual relations for the spouse of the injured party.

Discovery: - Various pre-trial procedures including depositions, interrogatories and requests for production, whereby parties obtain evidence to be used at trial.

Duty of Care: - the legal obligation to be careful in conduct or care of property so that people are not injured by our actions or our failure to act.

Federal Tort Claims Act (FTCA): - A law which gives exclusive jurisdiction to the United States courts to hear claims against the United States for money damages arising out of the negligence of any government employee.

Gross Negligence: - A negligent act committed with a conscious indifference to the consequences thereof willfully or wantonly.

Informed Consent: - A medical professional is required to get the consent of the patient before providing treatment. At a minimum, the patient should be informed of the nature of the treatment or procedure, any alternatives available, the risks associated with the procedure and the risks of not having the procedure performed.

Interrogatories: - Written questions served on a party to a lawsuit to be answered under oath as part of pre-trial discovery.

Liability: - legal responsibility for an accident; a person who is liable must pay for injuries caused in the accident.

Malpractice: - Negligence by a professional such as a doctor, lawyer or engineer in the performance of professional duties; professional misconduct.

Negligence: - Negligence is a failure to act in accordance with the standard of care that society expects of its members; in many cases it is synonymous with carelessness. Individuals have a duty to act carefully and avoid causing injury to others; they need not act perfectly- only in the way a normal and reasonable person would act under similar circumstances in order to avoid the foreseeable adverse consequences of his or her actions.

Negligence Per Se: - An error, omission, or act in violation of a rule of law or statute which is presumed to be proof of negligence.

No-Fault Insurance: - Many states have enacted no-fault insurance laws. Under no-fault insurance, and injured party and/or members of his/her household are generally entitled to medical and lost wage benefits, irrespective of whether they caused the accident or not. Ordinarily, and subject to various options and deductibles, no-fault insurance policies provide for payment of medical expenses and a portion of lost wages up to a statutory policy limit in the event of a covered accident. The insured can purchase additional coverage under a med-pay option.

No-Fault Threshold: - As a trade off for receiving no fault benefits (irrespective of who caused the accident), in most states, an injured party must meet an injury threshold before a claim can be asserted against the party who caused the accident. Ordinarily, to bring a claim for damages in a no-fault state, the injured party must have sustained a serious or permanent injury as defined in the applicable state statute. It is therefore possible for an injured party to suffer from an injury for months, but be unable to receive any compensation for his or her injuries.

Pain And Suffering: - An element of non-economic damages to which the plaintiff may be entitled if injured as the result of the wrongdoing of another.

Proximate Cause: - That which in natural sequence produces an injury.

Punitive Damages: - Damages awarded to punish a party who committed a wrongful act rather than to compensate an injured party for actual damages; exemplary damages.

Statute Of Limitations: - A statute that fixes the time within which a lawsuit on a claim must be filed, and beyond which, it will be forever barred.

Strict liability: - legal responsibility for injuries caused by a defective or dangerous product; the injured person is not required to show that the product maker or seller was negligent.

Subrogation: - The right of an innocent party who has paid benefits as a result of a third party's wrongful action to recover such payments from the responsible party.

Tort: - A private or civil wrong that results in an injury; a breach of the duty of care causing damage; a negligent act.

Tortfeasor: - One who commits a tort.

Waiver: - The voluntary and intentional surrender of a right or privilege.

Wrongful Death Claim: - In this type of claim, survivors (generally the souse and minor children only) may also recover lost support (past and future); loss of companionship (past and future); and lost earnings that would have been generated over the decedents lifetime.