Plain definitions of 35 terms we use on the job in Atlanta.
Term Index
Open any term below for a dedicated definition page.
Admissible Evidence is information a court allows parties to present because it meets applicable rules of relevance, reliability, and legal procedure. In a medical malpractice claim, admissible evidence may include medical records, qualified expert testimony, witness statements, or other materials that help establish the standard of care, breach, causation, or damages.
Assumption of Risk is a legal defense based on a person's voluntary knowledge and acceptance of a specific danger. In a boating injury claim, the defense may argue that an injured person understood a particular hazard and accepted its consequences. The defense does not automatically defeat a claim, because consent, conduct, warnings, and the boat operator's negligence all matter.
Bad Faith is an insurer’s unfair or dishonest handling of an insurance claim, such as ignoring relevant evidence, delaying review without a sound reason, or refusing payment without a reasonable basis. In an uninsured motorist claim, bad faith concerns the insurer’s conduct during claim investigation, evaluation, negotiation, or resolution.
Also called: Insurance Bad Faith
Bodily injury is physical harm to a person that may support a claim for losses after an accident. The term covers harm caused by contact, impact, or another event connected to the incident. A bodily injury claim may involve medical treatment, reduced ability to work, pain, and other effects tied to the physical harm.
Also called: BI
Burden of Proof is the obligation to present enough reliable evidence to establish a legal claim or defense. In a civil injury case, the person bringing the claim generally must show that the defendant caused the harm and that the claimed losses followed. The required level of proof depends on the type of proceeding.
Causation is the connection between a healthcare provider’s conduct and a patient’s injury or loss. In a medical malpractice claim, causation requires evidence that the provider’s act or omission contributed to the harm. A poor medical outcome alone does not establish causation because illness can worsen without negligent care.
Also called: Legal Causation
Comparative negligence is a legal rule that assigns each party a share of fault for an injury. A person’s recovery may be reduced by that person’s assigned responsibility. The rule helps courts and insurers assess how each person’s conduct contributed to a car crash and resulting damages.
Also called: Comparative Fault
A contingency fee is a legal fee paid from a client’s recovery after a successful personal injury claim or lawsuit. The lawyer and client agree on how the fee will be calculated before representation begins. If the case does not produce a recovery, the fee arrangement may not require payment for legal services.
Also called: Contingent Fee
Damages are the money a claimant seeks or a court awards to address losses caused by another party’s wrongful conduct. In a wrongful death claim, damages may address financial losses, funeral expenses, lost support, and the family’s loss of care or companionship. The available categories depend on the facts and governing law.
A deposition is a formal question-and-answer session in which a witness gives sworn testimony before trial. Attorneys ask questions, a court reporter records the answers, and the testimony may help establish facts, test credibility, or preserve evidence. In medical malpractice claims, a deposition may involve the patient, healthcare provider, or expert witness.
Also called: Deposition Testimony
Discovery is the formal exchange of information and evidence between parties in a civil lawsuit. Each side may request documents, written answers, admissions, and sworn testimony relevant to disputed issues. In a construction accident claim, discovery can address the worksite, safety practices, contracts, insurance coverage, medical records, and the events that caused the injury.
A Dram Shop is a legal claim involving an alcohol seller or provider whose conduct may contribute to an injury caused by an intoxicated person. The claim focuses on the alcohol transaction and the provider’s knowledge or conduct, not only on the impaired driver. State law determines when this form of liability applies.
Also called: Dram Shop Law
Duty of Care is a legal obligation to act with reasonable caution toward people who could foreseeably suffer harm from an activity or condition. In negligent security claims, the obligation may apply to property owners, managers, or other responsible parties when site conditions or known risks call for reasonable protective action.
Economic Damages are measurable financial losses tied to an injury or other legal harm. These losses may include medical treatment, rehabilitation, assistive services, lost income, reduced earning ability, and necessary future care. Courts and insurers assess supporting records to determine whether the claimed costs arose from the injury and were reasonably necessary.
Also called: Special Damages
An Expert Witness is a qualified professional who offers specialized knowledge to help explain facts, opinions, or technical issues in a legal dispute. In a medical malpractice claim, an expert may review medical records, assess the care provided, and address whether that care relates to the claimed injury. The expert’s opinion must rest on relevant knowledge and reliable reasoning.
Also called: Expert Testimony
Gross Negligence is a serious departure from the care a reasonable person would use in similar circumstances. The conduct shows more than ordinary carelessness. It may reflect a conscious disregard for a known risk of serious harm. In a construction injury claim, evidence must connect the conduct to the worker’s injury and resulting losses.
Also called: Reckless Negligence
Hearsay is an out-of-court statement offered to prove that the statement’s content is true. A court may exclude hearsay unless an exception or another rule permits its use. The rule focuses on the purpose of the evidence, not simply where or when someone made the statement.
An Independent Medical Exam is a medical evaluation requested during a legal claim to assess an injury, diagnosis, treatment, or related limitation. A doctor who is not the treating provider conducts the examination and prepares findings for the requesting party. The exam does not create a doctor-patient treatment relationship.
Also called: IME
Liability is legal responsibility for harm, loss, or damage caused by a person, company, product, or other party. In a product liability claim, liability may arise when a defective design, manufacturing flaw, or inadequate warning makes a product unreasonably dangerous and causes injury. Evidence must connect the product and the harm.
Also called: Legal Liability
Mediation is a voluntary settlement process in which a neutral mediator helps people in a legal dispute communicate, assess possible resolutions, and negotiate an agreement. The mediator does not decide who wins. In a car accident claim, mediation can help the injured person and insurer address liability, damages, and settlement terms before trial.
Also called: Mediation Conference
Medical Records are written or electronic documents that describe a person’s medical care, including symptoms, examinations, diagnoses, treatment, and recovery. In a birth injury claim, these records may cover prenatal visits, labor and delivery, newborn assessments, imaging, therapy, and specialist care. They provide a timeline for evaluating injury, treatment, and possible causes.
Also called: Medical Documentation
Mitigation of Damages is a legal duty to take reasonable steps to limit losses after an injury or other harmful event. In a car accident claim, the concept may affect compensation when a person unreasonably fails to seek appropriate care, follow medical guidance, document losses, or avoid conduct that worsens the harm.
Also called: Duty to Mitigate
Pain and Suffering is a category of non-economic damages in a personal injury claim. It addresses physical discomfort, emotional distress, loss of enjoyment, and other personal effects linked to an injury. Unlike medical bills or lost income, this category concerns harm that does not come with a fixed invoice or paycheck.
Also called: Pain and Suffering Damages
Permanent Disability is a lasting physical or mental impairment that substantially limits a person's ability to work, care for themselves, or perform ordinary activities. In an injury claim, permanent disability describes an ongoing effect, not simply the length of medical treatment. Medical evidence and functional limitations help establish its nature and extent.
Also called: Permanent Impairment
Premises Liability is a legal concept that may hold a property owner or occupier responsible for injuries caused by an unsafe condition on the property. A claim usually examines the owner’s duty, the hazard, notice of the condition, and whether the condition caused the injury. The rules depend on the facts and applicable law.
Also called: Property Owner Liability
Proximate Cause is the legal connection between a person’s conduct and an injury that makes the conduct sufficiently related to the harm for liability analysis. The connection must be direct enough that the injury was a foreseeable result of the conduct. Courts examine the events, intervening acts, and surrounding circumstances.
Also called: Legal Cause
Punitive Damages are a type of money award intended to punish exceptionally wrongful conduct and discourage similar behavior. They differ from compensatory damages, which repay losses such as medical expenses, lost income, and pain. In a personal injury case, punitive damages may be considered when evidence shows especially reckless, malicious, or oppressive conduct.
Also called: Exemplary Damages
A settlement demand is a written request for an insurance company or opposing party to pay a specified amount to resolve a personal injury claim. The document explains liability, describes the claimant’s injuries, summarizes financial losses, and presents supporting evidence. A settlement demand seeks negotiation, but it does not itself end the claim or require payment.
Also called: Demand Letter
A statute of limitations is a legal deadline for starting a lawsuit. The deadline begins when a claim arises or when a law says it begins. The applicable period depends on the claim, the parties involved, and facts that may pause or change the deadline. Filing after expiration can bar recovery.
Also called: Limitations Period
Subrogation is the process that allows an insurer or another party that paid for a loss to seek repayment from the person or insurer responsible. In an uninsured motorist claim, subrogation may involve pursuing the at-fault driver after an injured person receives benefits. The process can affect settlement discussions and claim resolution.
Also called: Subrogation Claim
Third Party Liability is a legal responsibility that may fall on someone outside the direct relationship between an injured worker and the worker’s employer. In a construction accident claim, the responsible party could include a subcontractor, property owner, equipment maker, or other contractor whose conduct helped cause the injury.
Also called: Third-Party Liability
Underinsured Motorist Coverage is insurance that may help pay covered injury losses when an at-fault driver has liability limits too low to cover the injured person's damages. The injured person generally seeks payment through their own policy, subject to policy terms, coverage limits, exclusions, and the facts of the accident.
Also called: UIM Coverage
Vicarious Liability is a legal rule that may hold an employer or other responsible party accountable for harm caused by a worker acting within assigned duties. The responsible party may face liability even without personal negligence. In a rideshare claim, the driver's work status, company relationship, and conduct help determine whether the rule applies.
Also called: Employer Liability
Voir Dire is the court process for questioning prospective jurors before trial. The judge and attorneys use the process to identify bias, personal experiences, or conflicts that could affect a juror’s fairness. Answers may support removing a juror for cause or using a limited peremptory challenge under applicable court rules.
Also called: Jury Selection
A witness statement is a written account of what a person personally saw, heard, or experienced about an event. In a personal injury claim, the statement may describe the crash, the fleeing vehicle, road conditions, or the injured person’s actions. Its value depends on firsthand knowledge, accuracy, clear timing, and consistency with other evidence.
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 Atlanta, 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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