Plain definitions of 33 terms we use on the job in Decatur.
Term Index
Open any term below for a dedicated definition page.
An assumption of risk is a legal defense claiming that an injured person knew about a specific danger and freely chose to encounter it. The defense focuses on the person's knowledge, understanding, and conduct before the injury. A court may also examine whether the property owner caused or concealed the danger.
Bodily Injury is physical harm suffered by a person, including damage that follows a crash and requires medical attention, treatment, or recovery. In a car accident claim, the term describes the injury itself, not vehicle damage. It may support requests for compensation tied to medical care, lost income, pain, and related losses.
Burden of Proof is the responsibility to present enough reliable evidence to support a legal claim or defense. In a civil medical malpractice case, the injured patient generally must establish the facts needed to show that negligent medical care caused harm. The required level of proof depends on the type of proceeding.
Causation is the connection between an act or event and the harm that follows. In a personal injury claim, causation links another party’s conduct to the person’s injury and losses. Evidence may include crash details, medical records, witness accounts, and expert analysis that explain how the event produced the claimed harm.
Comparative negligence is a legal rule that assigns each party a share of responsibility for an injury. A person’s recovery may be reduced by that person’s proven contribution to the accident. The rule requires evidence about conduct, causation, and the harm linked to each party’s actions or omissions.
Also called: Comparative Fault
A contingency fee is a legal fee paid from a client’s recovery after a case succeeds, rather than paid upfront for legal work. The written agreement explains how the fee is calculated, which expenses may be deducted, and what happens if the claim does not result in a recovery.
Also called: Contingent Fee
A contusion is a soft-tissue injury caused by blunt force, such as a bicycle crash or contact with pavement. The impact damages small blood vessels beneath the skin without necessarily breaking the skin. Bruising, tenderness, swelling, or changing skin color may appear, and medical records can document the injury after an accident.
Also called: Bruise
A deposition is a formal question-and-answer session in which a witness gives sworn testimony outside the courtroom. Lawyers ask questions, and a court reporter or approved recording method preserves the answers. The testimony may help establish facts, test consistency, identify evidence, and prepare a personal injury or wrongful death case for settlement or trial.
Duty of Care is a legal responsibility to act with reasonable caution toward people who could foreseeably suffer harm from a person’s conduct or property conditions. In a negligent security claim, the duty may concern a property owner’s or operator’s responsibility to address known security risks. Courts examine the relationship, circumstances, and surrounding facts.
Economic damages are financial losses connected to an injury or other legally recognized harm. In a workers’ compensation claim, these losses may include reasonable medical care, rehabilitation expenses, and income lost because an injury limits work. Records such as bills, wage statements, treatment notes, and employment information help document the claimed amount.
Also called: Special Damages
An Expert Witness is a qualified professional who applies specialized knowledge to explain technical issues in a legal case. The expert may review records, assess whether conduct met accepted medical practices, identify possible causes of harm, and provide an impartial opinion through a report, deposition, or courtroom testimony.
Gross negligence is conduct that shows a serious disregard for the safety or rights of others. The conduct goes beyond an ordinary mistake or failure to use reasonable care. In a nursing home case, the issue may involve knowing inaction, repeated unsafe practices, or an extreme departure from expected care that contributes to a resident’s harm.
Liability is legal responsibility for harm, loss, or damage caused by a person, business, product, or conduct. In a personal injury claim, liability focuses on whether another party must answer for the injury and related losses. Product liability examines whether a defective product, unsafe design, or inadequate warning caused the claimed harm.
Loss of Consortium is a type of non-economic damage involving the harm to a spouse’s marital relationship after a serious personal injury or death. The claim may address lost companionship, affection, household support, or intimacy. The surviving spouse’s relationship losses must connect to the event and the legally recognized injury or death.
Also called: Spousal Consortium
Lost Wages are earnings a worker cannot receive because a work-related injury or illness prevents the worker from performing regular job duties. The term can include missed pay and reduced earnings during recovery or modified work. A workers' compensation claim may use lost wages to address the financial effect of time away from work.
Also called: Lost Earnings
A Medical Lien is a claim that allows a medical provider or another lienholder to seek payment from proceeds recovered in a personal injury case. The lien usually relates to accident treatment provided before the case ends. Payment depends on the written agreement, the services covered, and the final recovery available for distribution.
Medical Records are documents that record a person's medical history, symptoms, examinations, diagnoses, treatment, medications, and recovery. Hospitals, physicians, therapists, and other healthcare providers create and maintain these records. In a birth injury claim, medical records can show what happened before, during, and after delivery and how the child's condition developed.
Negligence is a failure to use the level of care that a reasonably careful person would use in similar circumstances. In a pedestrian injury claim, negligence may involve unsafe driving, ignoring traffic controls, or failing to watch for people crossing. The conduct must connect to the injury and resulting losses.
Negligence Per Se is a legal doctrine that may establish a breach of the duty of care when a person violates a law designed to protect a class of people from a specific type of harm. The injured person must still connect the violation to the injury and prove legally recognized damages.
Non-Economic Damages are compensation for personal losses that do not have a fixed bill or receipt. These losses may include physical pain, emotional distress, loss of enjoyment of life, and changes in personal relationships. A claim for non-economic damages uses evidence about how an injury affects daily living, recovery, and long-term function.
Also called: General Damages
Pain and Suffering is a type of non-economic damage that reflects physical discomfort, emotional distress, and reduced enjoyment of life after an injury. Unlike medical bills or lost wages, this harm does not come with a fixed invoice. A claim may consider how the injury affects daily activities, relationships, sleep, and emotional well-being.
A Police Report is an official record created by a law enforcement officer after investigating an incident. The report may describe the location, people involved, vehicle information, observed damage, witness statements, and the officer’s account of events. In a hit-and-run claim, the report can document the crash and the driver’s failure to remain at the scene.
Also called: Crash Report
Premises Liability is a legal concept covering injuries caused by unsafe conditions on property. It examines whether a property owner or occupier had a duty to address a hazard, whether the hazard caused the injury, and whether the injured person acted reasonably. The concept may apply to stores, apartments, offices, sidewalks, and other locations.
Proximate cause is the legally sufficient connection between conduct and an injury. The connection exists when the injury was a reasonably foreseeable result of the conduct, without an unrelated event breaking the chain. Courts examine the surrounding facts to decide whether the conduct meaningfully contributed to the harm and supports legal responsibility.
Also called: Legal Cause
Punitive Damages are money awarded to punish especially wrongful conduct and discourage similar behavior. They differ from compensatory damages, which repay losses such as medical expenses, lost income, or pain and suffering. In an insurance bad faith dispute, punitive damages may be sought when an insurer’s handling reflects more than an ordinary disagreement over coverage or payment.
Also called: Exemplary Damages
A Release of Claims is a written agreement in which a person gives up specified legal claims against another party, often as part of a settlement. The document identifies the released parties and the claims covered. Signing it may limit or end the signer’s ability to seek additional compensation for those claims.
Also called: Liability Release
Res Ipsa Loquitur is a legal doctrine that may allow a fact finder to infer negligence from the nature of an event when the event ordinarily does not occur without negligence, the relevant instrumentality was under the defendant’s control, and the injured person did not cause the harm.
Also called: The Thing Speaks for Itself
A Settlement Demand is a written proposal that asks an insurance company or opposing party to resolve a personal injury claim for a stated amount. The proposal explains the accident, describes the claimant’s injuries and losses, and presents evidence supporting responsibility and compensation. It begins settlement negotiations without filing a trial judgment.
Also called: Demand Letter
Spoliation is the destruction, alteration, loss, or failure to preserve evidence that may relate to a legal claim. In a truck accident case, evidence may include vehicle data, driver records, inspection files, photographs, or surveillance footage. A court may consider the circumstances and effect of missing evidence when deciding how the case proceeds.
Also called: Evidence Spoliation
Subrogation is a legal process that allows an insurer or another payer to seek repayment from the party responsible for a loss after covering an insured claim. In an auto injury case, subrogation may involve health insurers, medical benefit providers, or an uninsured motorist insurer asserting a right to recover payments from a settlement.
A Survival Action is a legal claim that preserves a person’s injury claim after that person dies. The claim belongs to the deceased person’s estate and concerns harm the person experienced before death. A survival action may address medical expenses, lost income, and pain caused by the underlying injury, subject to applicable law.
Also called: Survival Claim
Underinsured Motorist Coverage is insurance protection that may help pay for covered injury losses when an at-fault driver has liability insurance, but that insurance cannot cover the full value of your claim. The coverage applies through your own policy, subject to its terms, limits, exclusions, and Georgia law.
Also called: UIM Coverage
Vicarious Liability is a legal principle that may hold one party responsible for harm caused by another party acting within an assigned role. In a bus accident claim, the principle may connect an employer, transit operator, or vehicle owner to an employee’s conduct. Responsibility depends on the working relationship and the circumstances of the incident.
Also called: Imputed Liability
The information on this website is for general informational purposes only and is not legal advice, does not create an attorney-client relationship, and may not reflect current law in Decatur, Georgia, United States. Every situation is different; consult a licensed attorney about your specific matter. Prior results do not guarantee a similar outcome.
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