Below are commonly used terms which may appear in a case involving personal injury or civil case. We at the Carter Capner Group want you to be informed throughout the entire process as much as possible. The purpose of this glossary is to provide you with a resource for easy access to check for basic meanings of terms that you are likely to come across when seeking compensation.

If you require further information regarding compensation, please call us on 1300 529 529

A

Act of God An accident or event resulting from natural causes without human intervention or assistance; no reasonable precaution or care could have prevented the act; for example, flood damage, lightning, earthquake, or storms.
Answer A formal written response to a lawsuit filed by a defendant; a legal response outlining their defenses against the allegations.
Appeal Requesting a higher court to reverse a lower court's decision when one party disagrees with the decision; seeking a higher court's review to overturn the ruling.
Arbitration A process where a neutral third party, often an off-duty judge or experienced lawyer, hears and settles a legal dispute between the plaintiff and defendant. The decision is final and binding, often considered a faster, cheaper, and more efficient alternative to litigation.
Attorney-Client Privilege A legal principle that keeps communications between an attorney and their client confidential. This privilege encourages open and honest communication between the lawyer and the client.

B

Bad-faith Claim A claim made by an insured person against their insurance provider for unreasonably denying or delaying their claim, or refusing to pay out a full insurance claim without valid reason.
Burden of Proof The duty to prove the facts in dispute on an issue raised between parties in a lawsuit. In civil cases, the plaintiff typically bears the burden of proving their case by a preponderance of the evidence.

C

Causation The act or process of causing something to happen or exist; in negligence cases, the plaintiff must demonstrate that their injury was directly caused by the defendant's actions or inactions.
Claim A formal request for payment or compensation due to loss or damage.
Compensation Payment or reimbursement given to someone as a recompense for loss, injury, or suffering.
Complaint The initial document filed with the court by a plaintiff alleging legal rights against another party.
Contributory Negligence A legal concept where the plaintiff may be found to have contributed to their own injury through their actions or lack of action.

D

Damages Monetary compensation awarded by a court to a person who has suffered loss or harm due to the unlawful act or negligence of another.
Defendant The person or entity against whom a lawsuit is filed.
Deposition A process where a witness provides sworn out-of-court testimony. This is part of the discovery process and involves answering questions posed by the opposing party's attorney.
Discovery The pre-trial legal process where opposing parties exchange information and gather evidence through depositions, requests for documents, and interrogatories.
Duty of Care A legal obligation which requires adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.

E

Economic Damages Compensation for verifiable monetary losses such as medical expenses, lost wages, and property damage.
Excess Judgement A judgement amount that exceeds the insurance policy's coverage limits, potentially exposing the insurance company to claims of bad faith if they fail to settle within the policy limits.
Expert Witness A specialist who gives testimony based on their expertise to support or refute evidence in a legal case.

G

Good Faith Honest intent to act without taking an unfair advantage over another person; includes fulfilling contractual obligations and avoiding deception.
Gross Negligence A severe degree of negligence taken as reckless disregard; it is more than simple inadvertence but less than intentional harm.

H

Hazard Conditions that increase the probability of damage or injury, such as a cracked sidewalk, spill in an aisle, or an unlit work truck.

I

Independent Medical Examination (IME) A medical evaluation conducted by a doctor who is not involved in the patient's care, often requested by an insurance company to obtain a second opinion on the extent of the claimant's injuries.
Insurer The company or entity that provides coverage under an insurance policy.
Interrogatories A series of written questions sent by one party in a lawsuit to the other party, which must be answered in writing under oath.

J

Judgement The official decision of a court that resolves the issues in a legal action and determines the rights and obligations of the parties involved.
Joint and Several Liability A legal doctrine under which each party responsible for an injury or damage may be held liable for the full amount of damages regardless of their individual share of the liability.

L

Letter of Protection (LOP) A letter from a personal injury lawyer to a healthcare provider, guaranteeing payment for medical services from any settlement or award obtained in a lawsuit.
Liability Legal responsibility for one's acts or omissions; the obligation to perform a duty or pay for damages caused.
Loss of earnings The reduction or elimination of an individual's ability to work and earn money due to an injury, often included in compensation claims.

M

Medical Malpractice Professional negligence by a healthcare provider that results in injury or harm to a patient, often requiring expert testimony to prove.
Motion A formal request made to a judge for a ruling or order on a specific legal matter.

N

Negligence Failure to exercise the level of care that a reasonable person would in similar circumstances; includes four elements: duty, breach, causation, and damages.
Non-Economic Damages Compensation for non-monetary losses such as pain and suffering, emotional distress, and loss of consortium.

O

Out-of-Court Settlement An agreement reached between parties to resolve a dispute without going to trial, often through negotiation or mediation.
Out-of-Pocket Expenses Costs directly incurred by an individual as a result of their injury, such as medical bills, travel expenses, and purchase of medical aids.

P

Paralegal A trained and qualified individual who assists lawyers in their work by performing various legal tasks, including research, drafting documents, and case management.
Pecuniary Damages Compensation for financial losses, including past and future income loss, medical expenses, and other monetary losses.
Plaintiff The person who initiates a lawsuit by filing a complaint against another party.
Precedent A legal principle established in previous court decisions that must be followed in subsequent similar cases.
Premise Liability Legal responsibility of property owners to ensure that their premises are safe for visitors and free of hazards that could cause injury.
Product Liability Legal responsibility of manufacturers and sellers for defects in the products they market that cause harm to consumers.
Punitive Damages Damages exceeding simple compensation and awarded to punish the defendant for particularly egregious conduct.

R

Reasonable Care The standard of care that a reasonably prudent person would exercise in similar circumstances; used to determine if an individual's actions were negligent.
Rehabilitation The process of recovering skills and abilities lost due to injury, often involving physical therapy and other treatments to restore function.

S

Settlement An agreement reached between parties to resolve a dispute, typically involving payment to the plaintiff in exchange for dropping the lawsuit.
Statute of Limitations A law that sets the maximum time period within which legal action can be taken after an event, such as an injury or breach of contract.
Strict Liability A legal doctrine that holds a party responsible for their actions or products without the plaintiff having to prove negligence or fault.

T

Third-Party Claims Claims made by someone who is not a party to the contract of insurance but is claiming against the insured, such as a person injured in an accident caused by the insured.
Tort A wrongful act or an infringement of a right leading to civil legal liability.

W

Workers' Compensation A system of no-fault benefits provided by employers to employees who suffer work-related injuries or illnesses, covering medical expenses and lost wages.
Wrongful Death A legal claim brought by the survivors or estate of a deceased person against those responsible for the death, seeking damages for their loss.