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There is a lot of legal terminology and lingo that can sometimes be confusing. The Lawsuits.org team compiled a list of the terms and definitions that are common in our industry. Check out these definitions and become an expert in legal terminology!
| Term | Definition | Example Usage/Case Type |
| Acute Injury | An injury that occurs suddenly and is usually associated with intense pain. | Resulting from a slip and fall accident. |
| Adverse Event | An unexpected medical occurrence that may or may not be related to a medical treatment. | Investigated in clinical trials or drug injury cases. |
| Arbitration | A method of resolving disputes outside the courts, where the parties agree to be bound by the decision of an arbitrator. | Common in commercial contracts to resolve disputes. |
| At Fault Accident | A traffic accident where one party is legally blamed for causing it. | Used to determine liability in car accident claims. |
| Available Compensation | The total financial resources available to a claimant in a lawsuit. | Discussed during the settlement of a personal injury case. |
| Bedsore | An injury to the skin and underlying tissue resulting from prolonged pressure on the skin. | Common in medical malpractice cases related to patient neglect. |
| Birth Injury | An injury suffered by a newborn during the birthing process. | Cases involving medical negligence during childbirth. |
| Bone Fracture | A medical condition where there is a break in the continuity of the bone. | Often a result of accidents or falls in personal injury claims. |
| Brachial Plexus Injury | An injury to the network of nerves that sends signals from the spine to the shoulder, arm, and hand. | Commonly associated with birth trauma. |
| Caput Succedaneum | Swelling of a newborn’s scalp that appears as a lump or bump on their head shortly after delivery. | Can be a sign of birth trauma. |
| Cephalohematoma | An area of bleeding underneath one of the cranial bones that appears as a raised bump on a newborn’s head. | May occur as a result of birth injury. |
| Cerebral Palsy | A congenital disorder of movement, muscle tone, or posture due to abnormal brain development. | Often resulting from birth injuries or medical malpractice. |
| Chronic Injury | An injury that develops slowly over time and is long-lasting. | Related to repetitive stress or overuse in workplace cases. |
| Class Action | A lawsuit filed by one or more plaintiffs on behalf of a larger group. | A class action against a company for consumer fraud. |
| Comparative Negligence | A legal doctrine that reduces the amount of damages a plaintiff can recover, based on their own negligence. | Used in car accident cases where both parties are at fault. |
| Contingency Fee | A sum of money that a lawyer receives as a fee only if the case is won. | Used in personal injury cases, paid as a percentage of the settlement. |
| Daubert Standard | A rule of evidence regarding the admissibility of expert witnesses’ testimony. | Applied in a medical malpractice case to evaluate expert testimony. |
| Dehydration | A condition that results when the body loses more water than it takes in. | Often cited in cases of nursing home neglect or abuse. |
| Defective Drug | A medication that causes harm due to its design, manufacturing process, or marketing strategy. | A lawsuit against a pharma company for a drug causing side effects. |
| Defective Product | A product that is unsafe for its intended use due to a design, manufacturing, or labeling defect. | Involved in product liability lawsuits for causing injury. |
| Deposition | A sworn out-of-court testimony by a witness. | Used in the discovery phase to gather information. |
| Disfigurement Injury | An injury that results in permanent damage to the appearance or function of a body part. | Seen in cases involving severe burns or accidents. |
| Disfigurement or Permanent Disability | Physical changes leading to long-term impairment or loss of a body function. | Involved in serious personal injury cases. |
| Discovery | The pre-trial process where parties can obtain evidence from each other. | In defective product cases, it involves exchanging safety-related documents. |
| Driver Negligence | The failure of a driver to exercise reasonable care under the circumstances. | A key factor in motor vehicle car accident litigation. |
| Duty of Care | The legal obligation to adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. | Central to negligence claims and personal injury lawsuits. |
| Emotional Trauma | A psychological response to a deeply distressing or disturbing event. | Often a component of pain and suffering claims in personal injury cases. |
| Estate | The total of all the property and debts that a person leaves behind at death. | Relevant in wrongful death cases and estate planning. |
| Expert Witness | A person with special knowledge in a field relevant to the case, allowed to testify at a trial. | In medical malpractice cases, providing opinion on standard of care. |
| Failure to fulfill obligations | The act of not meeting the legal, professional, or ethical standards expected in a role. | Often cited in breach of contract or negligence cases. |
| Failure to Treat | Neglecting to provide necessary medical care for a condition. | A form of medical malpractice. |
| General Damages | Compensation for non-monetary damages, such as pain and suffering, that do not have a specific dollar value. | Awarded for emotional distress in personal injury cases. |
| Head Injury | Trauma to the skull, brain, or scalp, ranging from mild to severe. | Includes open, closed, concussion, primary and secondary lesions. |
| Head Trauma | An injury to the head that may affect the brain, skull, or scalp. | Can occur in car accidents, falls, or sports injuries. |
| Hypoxic Ischemic Encephalopathy | A condition in which the brain does not receive enough oxygen. | A serious concern in birth injury cases. |
| Improper Treatment | Medical care that deviates from the accepted medical standard and causes harm to the patient. | A basis for medical malpractice claims. |
| Injunction | A judicial order preventing a person from beginning or continuing an action that threatens another’s legal rights. | Used in IP cases to prevent copyright infringement. |
| Injury | Physical harm or damage to the body caused by an external force. | A common element in personal injury and tort cases. |
| Internal Injury | An injury to internal organs or the internal structure of the body. | May result from blunt trauma or penetrating injuries. |
| Liability | Legal responsibility for one’s actions or inactions. | Examined in slip and fall cases to determine property owner’s responsibility. |
| Lost Wages and Loss of Future Earning Potential | The income an individual loses due to injury, including potential future earnings. | Claimed in personal injury cases where the injury affects work ability. |
| Malnutrition | A condition that results from eating a diet in which one or more nutrients are either not enough or are too much. | Can be evidence of neglect in elder abuse or personal injury cases. |
| Mass Tort | A legal action involving many plaintiffs against few defendants in court. | Asbestos exposure cases are typical mass torts. |
| Medical Bills | The costs for medical care, including hospital stays, doctor visits, and procedures. | Frequently recovered in personal injury settlements. |
| Medical Malpractice | Professional negligence by a healthcare provider that leads to substandard treatment, resulting in harm to a patient. | Involves cases of misdiagnosis, improper treatment, or surgical errors. |
| Mediation | A dispute resolution process involving a neutral third party to help find a solution. | Used in family law to settle disputes outside of court. |
| Mental and Emotional Anguish | The psychological suffering due to an event or condition, often a component of personal injury claims. | Considered in the assessment of pain and suffering damages. |
| Misdiagnosis | An incorrect diagnosis of a medical condition. | A common issue in medical malpractice lawsuits. |
| Negligence | Failure to take proper care in doing something, leading to damage or injury. | In a car accident, it’s assessed if a driver ignored traffic laws. |
| Neurological Injury | An injury to the nervous system, including the brain and spinal cord. | Can result from accidents, medical procedures, or diseases. |
| No-Fault Accident | An accident where no party is deemed legally responsible for the incident. | Common in states with no-fault insurance laws for car accidents. |
| Orthopedic Injury | An injury to the musculoskeletal system, including bones, joints, and muscles. | Frequently occurs in workplace accidents and sports injuries. |
| Pain and Suffering | The physical and emotional stress caused from an injury. | Claimed in personal injury for trauma post-accident. |
| Paraquat | A toxic chemical herbicide linked to causing serious health problems. | Involved in lawsuits related to pesticide exposure and injury. |
| Pedestrian | A person traveling on foot, whether walking or running. | Often involved in road traffic accident claims. |
| Pedestrian Negligence | The failure of a pedestrian to exercise reasonable care for their own safety. | Considered in accident cases involving accidents with pedestrians and vehicles. |
| Personal Injury | An injury to the body, mind, or emotions, as opposed to an injury to property. | The focus of many civil lawsuits, including accidents and negligence cases. |
| Power of Attorney | A legal document allowing one person to act in a legal or financial capacity for another. | Often discussed in cases of estate planning and elder law. |
| Premises Liability | The legal responsibility of a property owner to prevent harm to individuals on their property. | Key in slip and fall accident cases. |
| Product Liability | The legal liability of manufacturers and sellers for producing or selling a faulty product. | Manufacturer held liable in cases where defective products cause injury. |
| Property Damage | Harm or destruction to real or personal property. | A common claim in accidents involving vehicles or real estate. |
| Punitive Damages | Monetary compensation exceeding simple compensation to punish the defendant. | Awarded in product liability cases to punish wrongdoing manufacturers. |
| Sepsis | A life-threatening condition caused by the body’s response to an infection. | Can lead to legal action if resulting from medical negligence. |
| Settlement | An agreement between parties to resolve a lawsuit outside of court. | Many personal injury claims are resolved through settlements. |
| Skeletal Injury | An injury affecting the bones of the skeleton. | Can occur in accidents, falls, or as a result of direct trauma. |
| Slip & Fall | An incident where a person slips, trips, or falls due to a hazardous condition on someone’s property. | A common type of premises liability case. |
| Soft Tissue Injury | An injury to the muscles, ligaments, or tendons. | Often incurred in car accidents or sports activities. |
| Special Damages | Compensation for monetary losses, such as medical bills and lost wages, incurred due to an injury. | Calculated based on the actual financial loss in personal injury cases. |
| Spinal Cord Injury | Damage to the spinal cord that results in a loss of function, such as mobility or feeling. | Can result from severe accidents, leading to major lawsuits. |
| Statute of Limitations | The time limit within which a lawsuit must be filed. | Personal injury claims must be filed within a specific time after the incident. |
| Subconjunctival Hemorrhage | The leakage of blood underneath the conjunctiva of the eye, often appearing as a bright red patch. | Can occur due to injury or in birth trauma cases. |
| Surgical Malpractice | Negligence by a medical professional during surgery that results in harm to the patient. | A specific type of medical malpractice claim. |
| Tort | A wrongful act leading to civil legal liability. | Personal injury and defamation are types of torts. |
| Toxic Tort | A tort caused by exposure to a harmful substance, like chemicals or pharmaceutical drugs. | Related to asbestos exposure or contaminated water. |
| Workers Compensation | A form of insurance providing wage replacement and medical benefits to employees injured in the course of employment. | Mandatory in many jurisdictions to protect injured workers if they have workplace injury. |
| Wrongful Death | A legal claim against someone who can be held liable for a death. | Arises from fatal accidents or medical malpractice. |
