Plain definitions of 23 terms we use on the job in Druid Hills.
Term Index
Open any term below for a dedicated definition page.
Accident Reconstruction is a technical analysis that examines how a collision happened. A reconstruction specialist studies vehicle damage, photographs, roadway evidence, event data, witness accounts, and other records. The analysis can address vehicle movement, impact points, contributing conditions, and the sequence of events. Attorneys may use these findings to evaluate fault and injury claims.
Actual Cash Value is the estimated worth of damaged or lost property after accounting for depreciation. Insurance policies may use this figure to determine a payment for covered property damage. Actual Cash Value differs from replacement cost, which focuses on the cost of obtaining a comparable new item without subtracting age or wear.
Also called: ACV
An affidavit is a written statement of facts that a person declares to be true under oath or affirmation. The person who makes it, called the affiant, signs the document. An affidavit may support a legal claim, record personal knowledge, or confirm details when a court, insurer, or agency reviews a dispute.
Arbitration is a private dispute-resolution process in which an impartial arbitrator reviews evidence and arguments, then issues a decision about the dispute. Personal injury and insurance cases may use arbitration when the parties agree to it or when a contract requires it. The process follows defined procedures, but it is less formal than a courtroom trial.
Bodily Injury is physical harm suffered by a person, such as a broken bone, concussion, or soft-tissue damage. The term can also describe the injury claim made after an accident. In a car accident case, bodily injury may support a request for compensation related to medical care, pain, lost income, and other documented losses.
Also called: Bodily Harm
A catastrophic injury is a severe physical harm that causes lasting impairment, major loss of function, or a substantial change in daily life. The injury may affect movement, thinking, communication, or the ability to work and live independently. The term describes the injury’s long-term impact, not simply the force of the accident.
Collateral Source is a payment or benefit from a source unrelated to the person who caused an injury, such as health insurance or disability coverage. In a personal injury claim, the payment may cover medical care or lost income. The payment source can affect damages analysis without changing the underlying injury claim.
Also called: Collateral Source Rule
Comparative negligence is a legal rule that assigns each party a share of responsibility for an injury. A person’s recovery may be reduced by that person’s assigned share of fault. In a slip and fall claim, the analysis can consider both the property owner’s conduct and the injured person’s actions.
Also called: Comparative Fault
Constructive Notice is a legal finding that a property owner or occupier should have known about a dangerous condition because the condition existed long enough, or was visible enough, that reasonable inspection could have discovered it. In a slip and fall claim, constructive notice may help show the owner had an opportunity to correct or warn about the hazard.
A demand letter is a written settlement request sent to an insurer or opposing party after an injury claim. The letter explains the facts, describes the injuries and losses, identifies supporting evidence, and states the compensation sought. It presents the claimant’s position before formal litigation or settlement negotiations continue.
Duty of Care is a legal standard requiring a person or organization to act with reasonable care when their conduct could foreseeably harm someone. In medical malpractice claims, the duty usually concerns care provided by a medical professional to a patient. Breach alone does not establish liability. Causation and injury also matter.
Economic Damages are measurable financial losses linked to a workplace injury, such as medical treatment, lost income, rehabilitation, or reduced earning ability. These losses rely on records and other evidence that show what the injury cost you or may cost you. They differ from non-economic damages, which address pain, distress, and related personal effects.
Also called: Special Damages
An Expert Witness is a qualified professional who gives specialized opinions about disputed facts in a legal case. The opinion must connect the professional’s knowledge to the evidence and issues before the court. In medical malpractice cases, an expert witness may address whether care met the applicable standard and whether a breach caused harm.
Gross Negligence is a serious departure from the care a reasonably careful person would use in similar circumstances. The conduct shows more than ordinary carelessness and may involve conscious indifference to a known risk. In an injury claim, the facts must support this higher level of fault under the law that applies.
Lost wages are income you could not earn because an injury prevented you from working or reduced your ability to perform your job. The claimed loss may include missed pay, reduced hours, or lost earning capacity when supported by employment records, medical information, and other evidence tied to the workplace injury.
Also called: Lost Income
Medical Records are written or electronic files that document a patient's care, condition, testing, treatment, and progress. Hospitals, doctors, clinics, and other providers create these records during medical care. In a medical malpractice claim, the records can help show what care occurred, when it occurred, and how the patient's condition changed.
Also called: Patient Records
Notice of Claim is a written statement sent to a governmental entity after an injury claim. The notice usually identifies the incident, explains the alleged harm, and describes the damages sought. It alerts the entity to the claim and may begin an administrative process before a lawsuit. Applicable filing rules vary.
Premises liability is a legal theory that may hold a property owner or occupier responsible when a dangerous condition or inadequate security causes injury. The claim usually focuses on whether the responsible party knew or should have known about the risk, had a reasonable chance to address it, and failed to do so.
Also called: Premises Negligence
Punitive Damages are a court-ordered award meant to punish especially harmful conduct and discourage similar conduct in the future. They differ from compensatory damages, which repay a person for losses such as medical bills, lost income, and pain. Punitive damages depend on the facts, applicable law, and proof of serious misconduct.
Also called: Exemplary Damages
Subrogation is a legal process that allows an insurer or another payer to seek repayment from the party responsible for a loss after covering an insured claim. In an injury case, subrogation may involve health insurers, benefit plans, or medical providers asserting repayment rights against a settlement or judgment.
An Uninsured Motorist is a driver who has no liability insurance available to pay for injuries or property damage caused in a crash. The term can also appear in discussions of uninsured motorist coverage, which may protect an injured person through the injured person’s own auto policy when the at-fault driver lacks applicable insurance.
Also called: UM Coverage
Vicarious Liability is a legal principle that can make one party responsible for harm caused by another party’s conduct when a recognized relationship connects them. In accident cases, the relationship may involve an employer and worker acting within assigned duties. Liability depends on the facts, the working relationship, and the governing law.
Also called: Imputed Liability
A Witness Statement is a written or recorded account from someone who saw, heard, or experienced an event. In a car accident claim, the statement may describe traffic conditions, vehicle movements, the collision, and visible injuries. The witness usually gives the account based on personal knowledge, not guesses or information from others.
Also called: Witness Account
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 Druid Hills, 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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