Personal Injury Legal Terms
During the course of your lawsuit, you may encounter unfamiliar legal terminology. Levin & Perconti has compiled a list of terms you come across as we prosecute your personal injury or wrongful death case.
Legal Terms Related to Lawsuits and Court Procedures
Affidavit – A formal written statement declared under oath.
Example: The witness submitted an affidavit affirming her recollection of the incident.
Arbitration – A non-judicial legal procedure that occurs outside of the courts where parties present their case to a neutral arbitrator. Also known as Alternative Dispute Resolution, or ADR.
Example: Instead of filing for a lawsuit, the two parties resolved the contract dispute through arbitration.
Complaint – A legal document filed in court that initiates a civil lawsuit. The complaint states the plaintiffs’ allegations against the defendant and their prayers for relief.
Example: The family filed a complaint alleging neglect at the long-term care facility.
Deposition – Oral testimony given under oath outside of court, usually during the discovery phase, in which attorneys question parties or witnesses.
Example: The nurse provided crucial testimony during her deposition that supported the negligence claim.
Discovery – The investigation that takes place before a lawsuit goes to trial. During this period, parties gather facts and information about the other party to build their case. Discovery can be written, in the form of interrogatories or request for production, or oral, which is typically in the form of a deposition.
Example: During the discovery phase, the attorney obtained medical records that revealed substandard care.
Docket – The calendar of actions to be heard by a court in a certain period of time.
Example: The case was added to the court’s docket for a preliminary hearing next month.
Defendant – The party against whom a lawsuit is filed.
Example: The nursing home was named as the defendant in the wrongful death case.
Interrogatory – Written questions submitted by one party to another during discovery to obtain information.
Example: The plaintiff’s attorney sent interrogatories to the facility’s management regarding staffing levels.
Motion – A request by one party for a judge’s ruling on an issue on which parties cannot come to an agreement that is made orally or in writing at any point during a lawsuit.
Example: The attorney filed a motion to exclude irrelevant evidence from the trial.
Plaintiff – The party that initiates a lawsuit against the defendant.
Example: The plaintiff alleged that her injuries resulted from unsafe conditions at the hospital.
Settlement Mediation – A process where a neutral third party helps disputing parties reach a voluntary resolution to avoid going to trial.
Example: The case settled during mediation, avoiding the need for a lengthy trial.
Summary Judgment – The judge’s decision that resolves a lawsuit in favor of one of the parties as a matter of law before a full trial. Usually one party moves for summary judgment when it appears there are no material facts in dispute between the parties and one party is entitled to judgment as a matter of law.
Example: The judge granted summary judgment after finding no evidence of negligence.
Summons – A legal notice issued to a defendant informing them that a lawsuit has been filed and requires their response.
Example: The summons was delivered to the nursing home administrator within days of the complaint filing.
Testimony – Evidence given by a witness under oath during a deposition or trial.
Example: Her testimony during the trial helped establish the timeline of events.
Witness – A person who testifies under oath during legal proceedings including depositions, offering their first hand experiences or expert opinion.
Example: A former caregiver testified as a witness about the facility’s understaffing.
Legal Roles, Privileges, and Authority Figures in a Case
Attorney–Client Privilege – Communications between an attorney and client that are confidential and cannot be disclosed without the client’s consent. Also known as legal confidentiality.
Example: Because of attorney-client privilege, the lawyer could not share what her client revealed during consultation.
Expert Witness – A witness who lends their expertise in a given field to testimony in support of a party’s case.
Example: A geriatrician served as an expert witness to explain the long-term effects of untreated pressure sores.
Power of Attorney – A document, also referred to as POA, that gives someone legal authority to make decisions on another person’s behalf.
Example: After her father became incapacitated, she used her power of attorney to make medical decisions on his behalf.
Compensation, Insurance, and Legal Responsibility Terms
Contingency Fee – A payment arrangement, also referred to as a no-win, no-fee agreement, where an attorney only receives a fee if they successfully recover compensation for the client. The client owes nothing up front, and the lawyer is paid a percentage of the settlement or court award.
Example: The family hired a lawyer on a contingency fee basis, so they didn’t owe anything unless the case was won.
Damages – Financial compensation awarded to a plaintiff for harm caused by the defendant’s actions or negligence. Damages may include economic, non-economic, and punitive.
Example: The jury awarded the victim damages to cover her rehabilitation and emotional distress.
Federal Tort Claims Act – A federal law, also referred to as FTCA, that allows individuals to sue the United States government for personal injury, property damage, or death caused by the negligence of a federal employee under the Federal Tort Claims Act of 1946.
Example: A veteran’s family filed a claim under the Federal Tort Claims Act after mistreatment at a VA hospital.
Liability Insurance –Insurance coverage held by a policy holder or defendant which will provide compensation to a party who is injured or whose property is damaged as a result of the negligence of the policy holder.
Example: The nursing home’s liability insurance covered part of the settlement for the resident’s injuries.
Product Liability – Product liability is the area of personal injury law that focuses on dangerous and defective products. Manufacturers are held legally responsible for any damages or injuries caused by their defective products.
Example: The family pursued a product liability claim after a faulty wheelchair collapsed and injured their loved one.
Workers’ Compensation – Compensation for an injury obtained while performing one’s job.
Example: The caregiver filed for workers’ compensation after hurting her back while lifting a patient.
Wrongful Death – A wrongful death is a death that has been caused by the negligence of another person. Wrongful death lawsuits are usually filed by a decendent’s family or beneficiaries.
Example: The daughter filed a wrongful death lawsuit after her mother died from untreated sepsis in a nursing home.
Key Legal Doctrines and Fault Concepts in Civil Lawsuits
Burden of Proof – The legal obligation a party has to prove its claims or defenses. In civil cases, the burden of proof is usually referred to as a preponderance of the evidence.
Example: The plaintiff met the burden of proof by demonstrating that negligence was likely the cause of the injury.
Comparative Fault – A legal doctrine used to determine shared responsibility in an accident or injury. If the plaintiff is partially at fault, their damages may be reduced proportionally to their share of blame.
Example: The jury determined the nursing home was 80% at fault, and the patient 20%, reducing the award accordingly.
Contributory Negligence – A strict legal rule that may prevent a plaintiff from recovering damages if they are found to have contributed to their injury in any way.
Example: Under contributory negligence, the case was dismissed because the plaintiff was found 1% at fault.
Duty of Care – A legal obligation to act in a manner that avoids foreseeable harm to others.
Example: The assisted living facility breached its duty of care by failing to supervise residents.
Negligence – Failure to exercise reasonable care, resulting in harm to another person.
Example: The nurse’s failure to respond to repeated call light requests was found to be negligence.
Personal Injury – Injury to one’s body, mind, reputation or emotions, not property.
Example: The personal injury claim included both physical injuries and anxiety resulting from neglect.
Statute of Limitations – The time limit in which a plaintiff must file a lawsuit.
Example: The family was urged to act quickly to avoid missing the statute of limitations for wrongful death.
Tort – Negligent or wrongful conduct by one person that causes an injury to another for which an action for damages may be brought.
Example: The lawsuit for bedsores was filed under tort law based on neglect.
Medical Malpractice Legal Terms and Standards
Expert Medical Witness – A medical professional with specialized knowledge who provides expert testimony to help explain complex medical issues in a malpractice or injury case.
Example: An expert medical witness testified that the physician’s failure to diagnose an infection fell below accepted standards of care.
Hospital Privileges – The authorization granted to a physician to admit patients and provide specific services at a hospital.
Example: The malpractice suit alleged the hospital failed to revoke a surgeon’s privileges despite repeated errors.
Informed Consent – The process by which a health care provider must explain the risks, benefits, and alternatives of a medical procedure, allowing a patient to make a voluntary and informed decision.
Example: The patient claimed she never gave informed consent for the surgery that caused her injuries.
Malpractice Insurance – A type of liability insurance carried by medical professionals to cover claims of negligence or medical errors.
Example: The surgeon’s malpractice insurance paid part of the settlement in the wrongful death lawsuit.
Medical Malpractice – The delivery of care by a healthcare provider that is negligent or does not meet the established standard of care and results in patient’s injury or death.
Example: The lawsuit alleged medical malpractice due to the delayed treatment of an infection.
Res Ipsa Loquitur – A Latin legal term meaning “the thing speaks for itself,” used in cases where the harm would not have occurred without negligence, even if there’s no direct evidence.
Example: A surgical instrument left inside a patient may trigger a claim under res ipsa loquitur.
Standard of Care – The degree of caution and attention expected of a reasonable health care provider in similar circumstances.
Example: The hospital failed to meet the standard of care by not treating the patient’s sepsis promptly.
Statute of Repose – A strict legal time for filing certain malpractice claims, which may apply regardless of when the harm was discovered.
Example: Even though the injury was just discovered, the statute of repose had already expired.
Common Legal Terms in Birth Injury Lawsuits
APGAR Score – A quick assessment performed on newborns at one and five minutes after birth to evaluate their physical condition, measuring appearance, pulse, grimace, activity, and respiration.
Example: The baby’s low APGAR score at one minute was an early sign of potential distress.
Birth Injury – Physical harm to an infant that occurs before, during, or immediately after delivery.
Example: The family filed a birth injury lawsuit after their child was diagnosed with brain damage from prolonged labor.
Cerebral Palsy – A neurological disorder caused by damage to the developing brain, affecting movement, muscle tone, and coordination.
Example: The lawsuit alleged that delayed delivery caused cerebral palsy due to a lack of oxygen.
Erb’s Palsy – A condition resulting from brachial plexus nerve damage.
Example: The child was diagnosed with Erb’s palsy after a difficult delivery involving shoulder dystocia.
Fetal Distress – Signs before or during childbirth that indicate the fetus is not well, often resulting from a lack of oxygen.
Example: The medical team failed to act on signs of fetal distress shown in the monitor readings.
Forceps and Vacuum Extraction – Assistive devices used during difficult vaginal deliveries to help guide the baby through the birth canal. Improper use can cause birth injuries.
Example: The vacuum extraction resulted in a skull fracture and led to a birth injury claim.
Hypoxic–Ischemic Encephalopathy – Also known as HIE and birth asphyxia, a serious brain injury caused by oxygen deprivation and reduced blood flow to the brain during birth.
Example: The medical records showed the baby suffered HIE after a prolonged delay in performing a C-section.
Neonatal Intensive Care Unit – A specialized hospital unit often referred to as NICU that provides intensive medical care to premature or critically ill newborns.
Example: The baby was transferred to the NICU immediately after delivery due to respiratory failure.
Shoulder Dystocia – A delivery complication in which the baby’s shoulder becomes lodged behind the mother’s pelvic bone, requiring immediate medical intervention.
Example: The failure to respond to shoulder dystocia in time led to a brachial plexus injury.
Nursing Home Abuse and Elder Neglect Legal Terminology
Adult Protective Services – A state-run agency, also known as APS, responsible for investigating reports of abuse, neglect, or exploitation of vulnerable adults.
Example: After noticing bedsores, the family filed a report with APS to initiate an investigation.
Care Plan – A personalized plan curated and regularly updated by nursing home staff to address a resident’s medical, emotional, and daily care needs.
Example: The care plan failed to include fall precautions despite the resident’s high risk.
Chemical Restraint – The inappropriate or excessive use of medications to control a resident’s behavior.
Example: The facility was cited for using antipsychotic drugs as a chemical restraint without the resident’s consent.
Decubitus Ulcer – Also known as a pressure ulcer or bedsore, an injury to skin and underlying tissue caused by prolonged pressure. Most commonly found in bedridden or immobile residents.
Example: The lawsuit claimed that neglect led to a stage 4 decubitus ulcer on the resident’s lower back.
Elopement or Wandering – When a resident with cognitive impairment leaves a care facility unsupervised, posing serious safety risks.
Example: The resident’s elopement from the memory care unit resulted in exposure and hypothermia.
Fall Risk Assessment – A mandatory evaluation performed by nursing home staff to determine the likelihood of a resident falling.
Example: The staff’s failure to conduct a fall risk assessment led to multiple preventable falls.
Federal Nursing Home Reform Act – A 1987 federal law, also referred to as OBRA, establishes quality of care standards and protects the rights of nursing home residents.
Example: The family alleged the facility violated OBRA by failing to provide proper supervision.
Neglect – The failure to provide necessary care, supervision, or services, resulting in harm or risk of harm.
Example: The resident’s untreated infection was the result of neglect by staff.
Nursing Home Abuse – Any physical, emotional, sexual, or financial harm intentionally inflicted upon a resident by caregivers, staff, or others in a long-term care setting.
Example: The facility was sued for nursing home abuse after staff were caught on video hitting a resident.
Ombudsman – An independent advocate who investigates and resolves complaints made by or on behalf of nursing home residents, helping enforce resident rights.
Example: The daughter contacted the ombudsman after staff ignored repeated concerns about her mother’s care.
Physical Abuse – The intentional use of force that causes bodily injury, pain, or distress to a resident.
Example: The resident’s bruises and broken wrist were signs of suspected physical abuse.
Resident Rights – Legal protections that guarantee dignity, safety, and autonomy for nursing home residents, including the right to be free from abuse and neglect.
Example: The lawsuit cited multiple violations of residents’ rights, including a lack of consent and privacy.
Staffing Ratio – The number of staff assigned per resident in a facility. Inadequate staffing ratios are a common contributor to abuse and neglect.
Example: The lawsuit claimed dangerously low staffing ratios contributed to delayed medical care.
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Not only were they so professional but also so caring and thoughtful. It was very difficult going over the facts in our mother's case but they were so compassionate and understanding and allowed us to be with them every step of the way. We were able to sit in on the depositions and we were really able to see how hard they worked on our behalf.
During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Perconti were more than just our lawyers. Words can’t really express our gratitude.
They were most patient and responded timely to many questions throughout the entire process. All demonstrated professionalism and extensive knowledge of case and state laws. Their in-depth investigative work uncovered details which were unknown to us and yet sadly confirmed our suspicions. We would recommend the Levin and Perconti Law firm and especially this team.
During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Peconti were more than just our lawyers. Words can’t really express our gratitude. My family and I will always be grateful for the compassion that they showed us. I want to thank you for what you did for my family, and for always being there for us.
Margaret’s representation, guidance, and professionalism gave us the sense that we could put our trust in Levin & Perconti and the final outcome proved that to be true.
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