Legal Talk 101- Part 3

Last month we brought you Part 2 of Legal Talk 101- common words used in personal injury cases and their meanings

This month we conclude our list with Part 3.

SETTLEMENT

An agreement between all parties in a lawsuit or an injury claim, prior to a lawsuit.

SLIP AND FALL INJURY/TRIP AND FALL INJURY

A personal injury resulting from an incident in which a person slips or trips and falls, due to the negligence of another. Slip and fall injuries are brought to court under the claim that the property owner was negligent in permitting a dangerous condition (wet or icy surface, obstructing object, poor area visibility, etc.) to exist on the property, which caused the injury.

STATUTE OF LIMITATIONS

The period within which a plaintiff must file a lawsuit seeking damages under state law. If the plaintiff waits until after the statute of limitations passes, he or she loses the right to file the lawsuit.

STRICT LIABILITY

A legal doctrine that holds a defendant liable for harm cause by their actions regardless of their intentions or level of care. Typically, strict liability is used in dog bite and dog injury cases.

TORT

A civil wrong or breach of a duty to another person, as outlined by law. Personal injuries as a result of negligence are one common example of a tort on which a lawsuit or legal proceeding may be based.

TORT REFORM

Legislation intended to reduce liability costs by placing limits or “caps” on punitive damages that may be won for personal injuries and also by modifying liability rules.

TRAUMATIC BRAIN INJURY (TBI)

Damage caused to the human brain as a result of sudden trauma to the head, typically either a sudden or violent blow to the head or a piercing of the skull. Symptoms from TBI may appear to be severe, but many victims of TBI may not exhibit obvious symptoms, or may only experience symptoms days or even weeks after the injury is sustained. As a result, many insurance companies may try to settle personal injuries involving head injuries quickly in order to avoid liability for longer-term problems.

VERDICT

A judge or jury’s decision on a case.

VICARIOUS LIABILITY (ALSO REFERRED TO AS “DANGEROUS INSTRUMENTALITY”)

In Florida, the owner of a vehicle who expressly or impliedly gives consent to another to drive the vehicle can be held liable for the driver’s negligence.

WRONGFUL DEATH ACTION

A lawsuit filed against an individual or company for the death of a person due to negligent or wrongful behavior. In Florida, controlled by Florida Statute Section 768.16, called the Wrongful Death Act. Such cases are generally filed by a surviving family member (typically spouse), who can recover damages for mental and physical suffering, lost wages, funeral and medical expenses for the deceased, loss of income and earning capacity, loss of consortium, and more.