|
Legal
Definitions
Cause of
action
A legally recognizable claim. For example, a person who is injured
as a result of a defective product can only recover once for his
injuries sustained, but may have several causes of action against
various Defendants in the case. There may be a cause of action for
negligence against the manufacturer of the product, a cause of
action for strict liability against the manufacturer of the product,
and a breach of warranty claim against the manufacturer of the
product. In addition, there may be a strict liability claim against
the seller of the product, a negligence claim against the seller of
the product, and a breach of warranty claim against the seller of
the product. Each of these is a separate cause of action and is
based on a different theory of liability.
Claimant
One who is asserting a right or claim. A personal injury
victim is usually referred to as a claimant until suit is filed and
then the victim is usually referred to as the Plaintiff.
Contingent fee
This is a percentage fee that is contingent or dependent upon a
recovery being made. Where the client receives a recovery, the
attorney earns a percentage of the recovery as the attorney's fee.
Where no recovery is made, no contingent fee is due.
Court Reporter
A certified legal stenographer who records testimony given
under oath at depositions, hearings, and Court proceedings, and
later prepares a transcript of the recording, certifying the
accuracy of the transcription.
Defendant
Any party against whom relief or recovery is sought in an action or
suit.
Discovery
That part of a lawsuit where the facts of a case are investigated
(or discovered) by all parties. Discovery proceedings include
written questions (interrogatories), requests for documents, and
oral examinations under oath (depositions).
Industrial
Commission
Legislatively created entity that is responsible for adjudicating
all Workers' Compensation claims.
Insurance,
first party
The phrase first party generally refers to a contract relationship,
such as a relationship between a driver and his own auto insurance
carrier.
Insurance,
third party
This refers to the insurance coverage of an adverse driver who is
responsible for the injuries and damages to someone else. If the
driver of vehicle A is negligent and hits vehicle B injuring the
driver of vehicle B, the insurance carrier for vehicle A is third
party insurance as to the injuries and damages to vehicle B and
vehicle B's driver.
Liability
Legal responsibility for injuries and/or damages.
Litigation
A Court proceeding that involves a judicial controversy.
Mediation
A settlement conference attended by all parties to a
controversy, usually conducted by a mediator. Typically a mediator
is a senior lawyer or retired judge, whose purpose is to help all
parties resolve the case.
Medical lien
A lien by a medical provider who has provided medical care
and/or treatment to the claimant, but who has not been paid in full.
The medical provider places a lien on claimant's claim against any
adverse party so at the time of any recovery by claimant, the
medical lienholder is paid directly out of the claimant's recovery
proceeds.
MedPay
coverage
This is insurance coverage found in a first party insurance policy
that pays for medical expenses incurred by someone injured while on
or in the insured's property, without regard to liability.
Minor
A person under the age of legal competence. In Kentucky, a minor is
anyone less than 18 years of age.
Negligence
A failure to exercise reasonable care under the circumstances.
Negligent conduct is not intentional conduct but is carelessness,
inadvertence, thoughtlessness, inattention, and the like.
Plaintiff
A person who files a lawsuit and is named as the party filing suit
on the record.
Specials
This is short for special damages, which are a claimant's
medical expenses and lost wages.
Subrogation
The substitution of one person in place of another with
reference to a claim or right. For example, where your own auto
insurance company pays for the property damages to your vehicle that
were caused by another driver, your insurance company has a right to
bring a claim against the driver who caused the damage to your
vehicle (this is a right of subrogation) to recover the money they
paid for these damages.
Tort
A private wrong or injury in which the claim is not based on a
contract between the parties. Most injury claims are tort claims.
Tortfeasor
A person who commits a tort. |
