The term
car accident refers to an automobile accident involving normal passenger vehicles as opposed to commercial vehicles.
Case Law
Law established by previous decisions of appellate courts, particularly the Supreme Court.
Causation
The act by which an effect is produced. See also "legal cause" and "
proximate cause."
Cause
A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.
Cause of Action
A legal notion on which a legal action is based.
Certiorari
To be informed of.
Civil Actions
Non-criminal cases in which one sues another to protect or enforce private or civil rights.
Civil Cases
Legal cases whereby a plaintiff (victim) seeks compensation or other remedy from a defendant for actions that are not criminal in nature.
Claim Petition
In
on-the-job injury cases, the injured files a claim petition to seek initial compensation. This occurs when there has been a Notice of Denial - no
workers' compensation payments have been made or medical benefits have not been paid.
Class Action
A means by which one or more individuals are able to sue for themselves and as representatives of other people.
A senior insurance adjuster that is assigned to a high value policy. Commercial policy adjusters are notorious for being the most aggressive adjusters who use many
tactics and tricks to protect the high value of the insurance policy they are assigned to.
Commercial Insurance Policy
An insurance policy for a business entity such as the insurance policy carried by an 18-wheeler or a construction company. The primary difference between a commercial policy and a normal consumer policy is the value of the policy and the aggressive way that the policy is defended. In most accident cases involving a commercial policy
the claim process is considerably different in the sense that the moment the accident occurs, an internal investigation begins that has the agenda of building a defense against the accident victim.
Any vehicle that is owned by a company that is used for the purpose of performing work including
18-wheelers, dump trucks, and delivery vehicles.
Compensation
Something that makes up for a loss. In workers' compensation cases, it refers to payment to injured workers or their dependents.
Compromise and Release
In
workers' compensation cases, this happens when a lump sum is paid by the insurance carrier to an injured worker to resolve the case. This sum is in lieu of the weekly compensation that the injured worker is receiving.
Consequential Damages
Any damages that occur indirectly as the result of an incident. For example if you were involved in a car accident and as such you missed an important meeting that cost you a large sum of money.
Contingency Fees
Contingency fees can be of great advantage to the client. They allow someone who has been injured, and may not have any money, still file a lawsuit or a case against the opposing party. The attorney agrees to work for the client without any money up front, and will accept a portion of the winnings when the case is settled. In other words, if the attorney doesn’t recover any money, there is not a fee. This way, no matter what financial background the client comes from, they can stand a chance against huge companies that have lots of money for legal services.
A term used to refer to attorneys in a case.
Criminal Attack
Any form of criminal violence against another person. Naturally, there are consequences in criminal law for committing such an attack but the victim may also have a claim against the attacker in civil court as well. For example, if someone is murdered their family members may have a
wrongful death claim against the murderer.
Criminal Law
The area of law pertaining to the punishment of criminal acts. When someone commits a criminal act they are generally considered to have committed the act deliberately or with the knowledge that their actions can likely produce harmful results. In many instances the defendants intention rather than the outcome of the defendants actions are the determining factor. For example, if someone is distracted while driving and causes an accident that kills someone else it is likely that this would be considered a civil issue because they, in effect, made a mistake and did not knowingly try to harm the other person. However, if the driver in that scenario was intoxicated they may be prosecuted under criminal law because they knowingly operated a vehicle in an intoxicated state and as such they were aware that they could harm someone else but chose to do so anyway. Intent is often the determining factor. This is relevant in the context of civil law because often the victim of a criminal act will also be able to take civil action against the defendant.