Legal terms
Legal terms in accident claims
Fault, deadlines, lawsuits and the court words lawyers and insurers use, explained in plain English.
30 legal terms
AffidavitAn affidavit is a written statement of facts that you sign under oath or affirmation, in front of someone authorised to witness it, such as a notary public, commissioner for oaths or solicitor.AppealAn appeal asks a higher court to review a decision made by a lower court or tribunal.ArbitrationArbitration is a private way of resolving a dispute.Assumption of RiskAssumption of risk is a defence that says you knew about a particular danger and chose to accept it, so the other side shouldn't have to pay when that danger caused your injury.Attorney-Client PrivilegeAttorney-client privilege protects confidential communications between you and your lawyer made to get legal advice.Burden of ProofThe burden of proof decides who has to prove something and how convincingly.CausationCausation is the link between what the other person did and the harm you suffered.Class ActionA class action is a lawsuit where one or a few people sue on behalf of a much larger group who were harmed in the same way.Comparative NegligenceComparative negligence is a rule that reduces your compensation by the percentage of the accident that was your fault.ComplaintA complaint is the formal document that starts a lawsuit in US courts.Conflict of InterestA conflict of interest is when a lawyer's duty to you could be compromised by a duty to someone else, or by their own interests.Consent JudgmentA consent judgment is a court judgment that both sides have agreed to.Contingency FeeA contingency fee means your lawyer is paid a percentage of what you recover.Contributory NegligenceContributory negligence means you were partly responsible for your own injury.DamagesDamages are the money a court or insurer pays to compensate you for harm caused by someone else.DefendantThe defendant is the person, company or public body you bring a claim or lawsuit against.Demand LetterA demand letter is a written request to the at-fault party's insurer asking them to pay a specific amount to settle your claim.DepositionA deposition is an interview under oath, held outside court, where the other side's lawyer asks you questions about the accident and your injuries.DiscoveryDiscovery is the stage of a lawsuit where each side has to hand over relevant information, documents and testimony, so both know the evidence before trial.Duty of CareA duty of care is a legal obligation to take reasonable care to avoid injuring other people.Expert WitnessAn expert witness is someone with specialist knowledge, such as a surgeon, engineer or economist, who gives an opinion on a question a judge or jury couldn't answer alone.FaultFault is legal responsibility for causing an accident.Good FaithGood faith is the legal duty to deal honestly and fairly.Joint and Several LiabilityJoint and several liability means that when more than one person is responsible for the same injury, you can recover all of your compensation from any one of them.JurisdictionJurisdiction is a court's power to hear a case.LiabilityLiability means legal responsibility.Limitation PeriodA limitation period is the legal deadline for starting a court claim.LitigationLitigation is the process of resolving a dispute through the courts.MediationMediation is a meeting where a neutral third person, the mediator, helps you and the other side try to agree a settlement.NegligenceNegligence is failing to take the care a reasonable person would take in the same situation, and causing harm as a result.
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