Legal Terms for the “Average Joe”

A mini trial — The arbitrator is appointed as a temporary judge by the court and hears evidence like a jury would through witnesses and/or documents. The arbitrator makes rulings of law and fact and after hearing the evidence, issues a ruling as to liability (fault), comparative fault, and the nature and amount of damages, if any. This decision is written into the form of an order. The parties have 30 days from the date of the order to reject the ruling. If they do not reject the ruling, it becomes a final judgment, and is entered into the court record and the case is over with that order controlling the rights and responsibilities of the parties.

A legal case brought between private parties, one called a plaintiff and one called a defendant, to determine if someone was negligent, and therefore, liable for their damages.

Any individual or organization that charges to carry a passenger or system or equipment that carries passengers as part of a business operation open to the public. This includes airplanes, BART, Muni, cable cars, ferries, taxis, moving walkways, elevators, escalators, ski lifts, airport shuttles, van pools, stagecoaches, jitneys, etc.

Comparative fault reduces the claimant’s or plaintiff’s damages in an amount proportional to his or her percentage of fault.

Violations of the penal code that result in a finding of guilt or innocence leading to incarceration. In criminal cases, the government prosecutes the case and a defendant can obtain a lawyer for free, from the state, if he or she can’t afford one.

Someone accused of violating the law. The defendant in a civil suit is accused of being liable by the person whose rights have been violated and/or who has been harmed, the plaintiff. An attorney, called a defense lawyer, usually represents the defendant. Most of the time, this lawyer is provided by the defendant’s insurance company which, as part of the insurance that the defendant bought, has a duty to defend the insured against any legal action.

A legal question-and-answer process that takes place in an attorney or court reporter’s office. People with knowledge of the facts important to prove liability and/or damages are questioned and a written record of the proceedings is created by a court reporter. The attorney asks the deponent (witness) questions in an effort to evaluate the case for settlement and/or to prepare for trial.

The legal process of exchanging information under oath. This allows the parties to obtain information to determine who is liable for what happened, who is at fault and what damages you are entitled to receive. This may include discovering information in the form of written questions called Interrogatories, Form and Special, Defense Medical Examinations, Oral Depositions and mentioned above, exchanging of documents between the parties also known as Requests for Production of Documents and Site Inspections. There are additional types of discovery, but the items listed above are those that are most commonly conducted during litigation.

Out-of-pocket losses, including medical expenses, wage loss, loss of income, loss of earning capacity, property damage, funeral expenses, towing, rental car, household help and other expenses caused by the wrongful conduct. These damages are the easiest to calculate because you can obtain bills, receipts and estimates.

If you have been the victim of unlawful harassment, discrimination or retaliation; have been denied your legal rights to accommodation, medical leave or pregnancy leave; or have been wrongfully terminated, you may be entitled to compensation under this form of insurance. The insurance is purchased by the employer to protect the company from damages

An individual with specialized skill, training or experience whose testimony is felt to be of assistance in helping the trier of fact, be it a judge or a jury, understand matters outside of their common experience. Usually, experts deal with technical matters, medical issues, customs and practices in an industry and/or scientific materials.

This is a form of insurance that is purchased by companies to pay damages if one of their employees, while at work, is negligent and causes someone to suffer an injury. It is similar to an umbrella policy for a homeowner.

“Guardian for the lawsuit“ — Minors are not considered, under the law, competent to bring legal actions on their own behalf. Therefore, a guardian must be appointed to manage the litigation for them. This is called guardian ad litem. Usually, it is a parent or legal guardian. The court reviews an application for guardian ad litem to make sure that the child’s interests are being protected. The court also reviews the contingency fee agreement to make sure it is fair to the minor. Once designated, the guardian ad litem makes legal decisions for the minor and can agree to a settlement.

This is insurance that people take out to cover any liability for negligence that occurs on or because of their property. Usually, this insurance comes into play in a slip-and-fall, dog bite, stair collapse or some other injury-producing event linked to the property. In addition to covering any liability as a result of negligence, homeowner’s insurance often provides medical payments coverage for medical treatment for injuries that happen on the property regardless of fault (usually up to $5,000). Therefore, if someone is injured on another person’s property, the injured party may be able to recover medical expenses even if no one is at fault.

Protects people from financial damages if they negligently cause injury to another. There are many forms of insurance. Just because someone has insurance does not mean that you are automatically paid for your damages. You must, in most cases (aside from workers’ compensation for job-related injuries), demonstrate that negligence makes someone liable for your injuries.

Different from negligence because negligence usually is not intentional, but is the result of carelessness, inattention or failure to take precautions. Intentional conduct is when people deliberately do something to harm or kill others such as hitting them (battery), poisoning them, damaging their property, defaming them with false statements of their character or conduct. A person who can prove intentional conduct that produces injury can recover all available damages, including punitive damages. Intentional conduct may also be a criminal matter. If you are the victim of a physical injury that has been caused by someone intentionally, get to the police, seek shelter and protect yourself from future harm.

A lawyer who has left the private practice of law to serve the public as a judicial officer. A judge is like a referee. Judges make decisions as to matters of law and decide what evidence may be heard. A Judge also controls the process of a trial to ensure that it is fair and unbiased. Judges instruct the jury on the law that the jury must follow. Judges must be fair to both sides. They are not allowed to act as judges in cases to which they have some relationship or in which they have an interest in the outcome. Judges are paid a salary by the government through our taxes. In some cases, there is no jury in a trial. This is called a bench trial (where the judges sit are referred to as a bench). In that case, the judge acts not only as the individual who decides which laws apply, but she or he also acts as the ultimate trier of fact in place of a jury.

Fault in a civil action. The party that is responsible for causing an accident or incident is often referred to as the liable party.

When one or both partners in a marriage or domestic partnership suffers a serious personal injury or wrongful death, they have special rights to recovery. This is called a loss of consortium. It is a form of noneconomic damage. If injury causes one partner to be unable to engage in the things that the couple engaged in before, the other partner is entitled to recover for the loss. If the sexual relations, social relations, recreational activities, companionship, child-rearing responsibilities, household responsibilities or other aspects of the marriage have suffered because of the negligence, the non-injured party may have his or her own, separate right to bring an action as a plaintiff. These damages are in addition to other damages that the injured party may be able to recover and are the separate property of the non-injured spouse or domestic partner.

“MEDPAY“ – This is insurance that you buy, on your vehicle policy, in case you get hurt. This provides for payment of your medical bills. Usually it comes in $5,000 and/or $10,000 increments. You are entitled to this coverage no matter who is at fault. Motor vehicle MEDPAY is a little different in the way that it is paid out when comparing it to Premises Liability MEDPAY.

The failure of someone to act as a reasonable person would under similar circumstances when it was foreseeable that his or her conduct could cause injury to another. This requires people and businesses to use reasonable care in the management of their property, vehicles,animals, actions and business operations.

Include pain and suffering, disability, disfigurement, loss of use, humiliation, mental anguish, loss of love, support and companionship, and emotional distress. These damages are more difficult to calculate and, many times, exceed the value of the economic damages. They are called noneconomic damages because they do not represent out-of-pocket losses. Although they are called noneconomic damages, money is paid to compensate people who have suffered these injuries. There is no fixed standard or method of calculating these damages; they vary by individual and case and are often referred to as subjective damages because they differ according to each individual’s personal/subjective experience.

When someone is hurt or killed because of the fault of another person or entity.

Someone who claims harm and who brings a lawsuit seeking to show someone else, the defendant, is liable (at fault) and responsible for the damages. In a personal injury action, the plaintiff is the person who has been hurt. In an employment discrimination/harassment action, he or she is the person who has been fired, harassed or denied accommodation, or whose rights have otherwise been violated. In a medical malpractice case, the plaintiff is the patient who has suffered damages as a result of a health care provider’s negligence. Tryk Law is a plaintiff law firm for personal injury lawsuits.

In California, if you are injured in an automobile collision and you are the driver of a car, your damages may be limited, depending on whether there was insurance on the vehicle you were driving at the time of the collision. If you did not have insurance on the vehicle, you are entitled to recover only economic damages. You can’t recover noneconomic damages such as pain and suffering. If you are a passenger in a vehicle that is not covered by insurance, you are entitled to economic and noneconomic damages. The insurance companies lobbied for this law in 1996 (Prop 213) as part of a proposition designed to save them money by depriving people, injured through no fault of their own, of recovery because of their status as uninsured motorists.

Damages that are awarded when the wrongdoer has acted in a way that is considered vile, contemptible and/or despicable to members of normal society. The conduct must be fraudulent, oppressive or malicious. Fraud is deceitful conduct designed to mislead someone. People are oppressive and/or malicious under the law when they act unlawfully to deprive others of their legal rights or when they act in a conscious disregard of the rights and safety of another. These damages are in addition to the economic and noneconomic damages that are designed to make an injured party whole, as much as money can do so. They are a penalty to discourage bad behavior. They must have some rational relation to the underlying economic and noneconomic damages.

An agreement reached between parties in a dispute. This ends a controversy, often without going through a trial, by spelling out the terms agreed to by the parties.

The law requires that if you believe you have been harmed by the wrongful conduct of another, you must bring a lawsuit within a limited period. This is called a statute of limitations. Failure to bring a lawsuit or take the required legal action, such as filing a claim where required with an administrative government agency, may eliminate your right to recover damages if someone is liable.

Your insurance may provide for a rental car while your car is being repaired. Likewise, it may provide for towing reimbursement. Check with your agent. If it does not, you may seek to have the defendant’s insurance provide you with a rental car while your car is being repaired. They do not always provide this service. If you rent a car, you can claim that cost as an element of your damages during the period your car is being repaired, or, if it is totaled, until the insurance company has evaluated your car and provided you a check for fair market value.

Because many drivers carry the minimum insurance or none at all, you can purchase uninsured and/or underinsured motorist coverage on your automobile policy to protect yourself if you are injured by the negligence of another. If you refuse this insurance when you buy a policy, the insurance company needs to have a piece of paper that proves you have rejected this coverage. Otherwise, you are entitled to the protection provided. This allows you to have your damages paid for, including pain and suffering, by your own insurance company if the person who hits you has no insurance or less insurance than you do. This is true even if you have some fault in the collision.

If someone is killed or injured because of the wrongful act of another or is denied promotion or fired wrongfully, that person or his or her family may be entitled to recover wage loss as part of damages. This includes the loss of past income that has been lost or reduced as well as future income that is reasonably certain to be lost or reduced in the future.

This is insurance that is required under the law, by all businesses, to provide compensation to workers injured on the job. This type of insurance does not require that you prove anyone was negligent. It is no fault, meaning no one needs to be shown to be at fault for you to recover. If you are injured on the job, you are entitled to compensation for your medical bills and lost wages. You are not entitled to noneconomic damages such as pain and suffering.

When someone is killed by the wrongful conduct of another person or legal entity.