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Glossary

Personal Injury Attorney Glossary

Plain definitions of 34 terms we use on the job in East Point.

Term Index

Browse Individual Glossary Pages

Open any term below for a dedicated definition page.

Accident Reconstruction

Accident Reconstruction is a technical analysis that examines vehicle damage, roadway evidence, witness accounts, photographs, and other available information to explain how a crash occurred. A qualified reconstruction professional may assess vehicle movement, impact points, timing, and contributing conditions. The analysis can help clarify disputed facts in a car accident claim.

Also called: Crash reconstruction

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Black Box

Black Box is a vehicle data recorder that captures selected information about a truck before, during, and after a collision. The device may preserve speed, braking, throttle, steering, seat belt use, and crash forces. Lawyers and investigators examine this data with other evidence to help reconstruct events and assess disputed facts.

Also called: Event data recorder

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Bodily Injury

Bodily Injury is physical harm to a person caused by an accident, another person’s conduct, or a dangerous condition. The term covers injuries documented through symptoms, medical findings, treatment records, and other evidence. In a car accident claim, bodily injury may support requests for compensation connected to treatment, lost income, and pain.

Also called: Physical injury

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Burden of Proof

Burden of Proof is the obligation to present enough reliable evidence to establish a legal claim or defense. In a civil medical malpractice case, the patient usually must show that the healthcare provider’s conduct fell below the required professional standard and caused harm. The burden guides what evidence the court considers persuasive.

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Chain of Custody

Chain of Custody is a documented record showing who collected, handled, transferred, stored, or examined evidence. The record helps establish that an item presented in a legal case is the same item obtained after an incident. It also identifies changes in possession and supports questions about evidence reliability.

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Comparative Negligence

Comparative Negligence is a legal method for assigning fault when more than one party contributed to an injury. A court or insurer may reduce an injured person’s recovery according to that person’s share of responsibility. The rule can apply in premises liability claims, including slip and fall cases involving unsafe property conditions.

Also called: Comparative fault

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Concussion

Concussion is a mild traumatic brain injury caused by a blow, jolt, or force that disrupts normal brain function. A concussion may follow a vehicle collision, fall, or other impact. Symptoms can affect thinking, balance, memory, mood, or physical comfort, and medical records help document the injury in a legal claim.

Also called: Mild traumatic brain injury

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Damages

Damages are monetary compensation awarded or negotiated for harm caused by another party’s wrongful conduct. In a personal injury or wrongful death claim, damages may address financial losses, physical pain, emotional suffering, loss of companionship, and other legally recognized effects. The amount depends on the evidence, the harm, and the circumstances of the claim.

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Demand Letter

Demand Letter is a formal written request for payment or another resolution after a legal dispute. In a personal injury claim, the letter usually explains how the event happened, identifies the responsible party, describes the injuries, and presents supporting records. The letter seeks settlement before the dispute moves into formal litigation.

Also called: Settlement demand

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Deposition

A deposition is a formal question-and-answer session where a witness gives sworn testimony before trial. Lawyers ask questions, and a court reporter creates a written transcript. In a medical malpractice case, the witness may be a patient, doctor, nurse, or other person with relevant knowledge about treatment, diagnosis, or injury.

Also called: Oral examination

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Discovery

Discovery is the formal exchange of information and evidence between parties in a lawsuit. In a construction injury case, discovery helps each side examine records, identify witnesses, clarify disputed facts, and assess the claims and defenses before trial or settlement discussions.

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Dram Shop Law

Dram Shop Law is a body of law that may hold an alcohol seller or provider responsible for injuries caused by an intoxicated person when the sale or service meets legally recognized conditions. The law creates a possible claim beyond the drunk driver's conduct and focuses on the provider's role before the crash.

Also called: Liquor liability law

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Duty of Care

Duty of Care is a legal responsibility to act with reasonable caution toward people who could foreseeably face harm. In premises liability, the responsibility may involve maintaining safe property conditions, addressing known hazards, or warning lawful visitors about dangers. A breach can support a negligence claim when the breach relates to the injury.

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Economic Damages

Economic Damages are measurable financial losses caused by an injury or work-related condition. In a workers' compensation claim, these losses may include medical treatment costs, reduced earnings, and related out-of-pocket expenses. Records such as bills, wage statements, and employment documents help connect the claimed losses to the workplace injury.

Also called: Special damages

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Expert Witness

An Expert Witness is a qualified professional who gives specialized opinions to help explain technical, medical, or scientific issues in a legal case. In medical malpractice claims, an Expert Witness may assess whether a healthcare provider met the accepted standard of care and whether that conduct caused the patient’s injury.

Also called: Expert testimony

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Hearsay

Hearsay is an out-of-court statement offered to prove that the statement’s content is true. Courts may exclude hearsay because the original speaker did not make the statement under oath or face questioning in court. Some statements fall outside the hearsay rule, while recognized exceptions may allow others into evidence.

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Lost Wages

Lost Wages are income losses linked to time away from work after an accident. The loss may involve missed pay, reduced hours, or weakened earning capacity when injuries affect job duties. In a car accident claim, lost wages form part of the financial harm supported by employment records, pay information, and medical documentation.

Also called: Lost earnings

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Medical Lien

A medical lien is a written claim that allows a medical provider or health care payer to seek payment from a personal injury settlement or judgment. The lien connects payment for accident-related treatment to the legal recovery. It may let treatment continue before the case ends, subject to the lien’s terms and applicable law.

Also called: Hospital lien

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Medical Records

Medical Records are written or electronic documents that describe a patient’s health history, examinations, diagnoses, treatment, prescriptions, and recovery. Medical providers create and update these records during care. In a medical malpractice matter, the records help show what care occurred, when it occurred, and how the patient’s condition changed afterward.

Also called: Medical chart

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Negligence

Negligence is a failure to use reasonable care under the circumstances. In a personal injury claim, the person bringing the claim generally must connect that careless conduct to an injury and resulting losses. A property owner’s ignored hazard, unsafe maintenance choice, or failure to warn may support a negligence claim in a slip and fall case.

Also called: Negligent conduct

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Notice of Claim

A Notice of Claim is a written statement that informs a government agency or other legally protected entity about an injury claim. It identifies the event, explains the harm, and provides enough detail for the entity to investigate. A notice may be required before a lawsuit can proceed against certain public defendants.

Also called: Claim notice

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Pain and Suffering

Pain and Suffering is a type of non-economic loss claimed after an injury. It addresses physical discomfort, emotional distress, reduced enjoyment of life, and similar effects that do not come with a specific bill. In a car accident case, evidence about symptoms, treatment, daily limitations, and recovery helps show how the injury affected you.

Also called: Non-economic damages

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Permanent Partial Disability

Permanent Partial Disability is a workers’ compensation classification for a lasting work-related impairment that limits part of an employee’s physical or mental ability while leaving some capacity for work. The condition may affect benefits, medical documentation, and return-to-work decisions. The classification does not necessarily mean total inability to work or complete loss of earning ability.

Also called: PPD

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Personal Jurisdiction

Personal Jurisdiction is a court’s authority over a particular defendant in a case. It allows the court to issue binding orders against that defendant based on connections to the forum, consent, or valid service. The concept differs from subject matter jurisdiction, which concerns the court’s power to hear the type of dispute involved.

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Premises Liability

Premises Liability is a legal concept involving injuries caused by unsafe conditions on property. A property owner or occupier may face responsibility when the owner or occupier knew, or should have known, about a dangerous condition and failed to address it or warn visitors. The specific duty depends on the property and visitor’s status.

Also called: Property liability

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Proximate Cause

A proximate cause is a legal connection between a person’s conduct and an injury that makes the injury a reasonably foreseeable result of that conduct. In a personal injury claim, the connection must be close enough for the law to treat the conduct as a substantial cause of the harm, not merely a remote background event.

Also called: Legal cause

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Punitive Damages

Punitive Damages are monetary damages awarded to punish especially harmful conduct and deter similar behavior. They differ from compensatory damages, which repay losses such as medical expenses or lost income. In a product liability case, punitive damages may be available when evidence shows that a manufacturer or seller acted with serious misconduct beyond ordinary carelessness.

Also called: Exemplary damages

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Settlement

Settlement is an agreement that resolves a legal claim without a trial. In a car accident case, the injured person typically receives payment in exchange for releasing specified claims against the responsible party. The agreement may address injury losses, property damage, legal fees, and other terms accepted by both sides.

Also called: Settlement agreement

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Spoliation of Evidence

Spoliation of Evidence is the loss, destruction, alteration, or failure to preserve evidence that could help resolve a legal dispute. The issue may arise when a party, company, or insurer had control of relevant material and did not keep it intact. Courts may address the loss through available legal remedies.

Also called: Evidence spoliation

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Statute of Limitations

A statute of limitations is a legal deadline for starting a lawsuit. The deadline depends on the claim, the people involved, and the governing law. In a car accident case, missing the applicable deadline can prevent a court from hearing the claim, even when an injured person has evidence of fault or losses.

Also called: Limitations period

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Subrogation

Subrogation is the process that allows an insurer or another payer to seek repayment from the party responsible for a covered loss. In a car accident claim, a health insurer or medical payment carrier may assert a right to recover amounts it paid after another driver caused the collision. The repayment claim can affect settlement distribution.

Also called: Subrogation claim

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Uninsured Motorist Coverage

Uninsured Motorist Coverage is insurance protection that may help pay for injuries or property damage caused by a driver who has no liability insurance. Coverage may also apply when the at-fault driver has insufficient insurance, depending on the policy terms. The injured person’s policy, not the other driver’s policy, provides this potential source of recovery.

Also called: UM coverage

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Vicarious Liability

Vicarious Liability is a legal doctrine that may hold one party responsible for another person’s wrongful conduct because of their work relationship. In a rideshare crash, the driver’s status, the driver’s activity at the time, and the platform’s control over that activity can affect whether vicarious liability applies.

Also called: Imputed liability

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Whiplash

Whiplash is a neck injury associated with a sudden back-and-forth movement of the head and neck, often after a vehicle impact. The movement can affect muscles, ligaments, joints, nerves, or other neck structures. Symptoms may appear soon after a collision or develop later, so medical records and symptom history can matter in an injury claim.

Also called: Cervical strain

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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 East Point, 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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