Legal Dictionary
There are a plethora of legal terms involved in your case. Our legal dictionary helps define terms that can become confusing from A-Z.
Settlement
An resolution between two parties in a case. Generally a settlement involves one party foregoing litigation or stopping current litigation in exchange for a price. In the context of personal injury, a settlement usually involves payment from a defendant to a plaintiff, and the plaintiff agrees to release the defendant from further liability.
Standard of Care
Acting as a reasonable person. Ordinarily, the standard of care owed to a plaintiff under tort law is “acting in a manner a reasonably prudent person would use in the same situation.” Children (18 and under): the law evaluates on a reduced level and considers a child of the same age and intellect. Children (18 and […]
Standing
Standing means that a plaintiff has the right to pursue a legal remedy because they have suffered actual damages. A court will dismiss a claim if a plaintiff “lacks standing.”
Statute of Limitations
The period of time a plaintiff is able to file a lawsuit. This time period varies depending on the type of claim and area of law the plaintiff is pursuing. Example: The court will not allow a plaintiff to file a claim once the statute of limitations has expired.
Strict Liability
A defendant may be held strictly liable for negligence if a plaintiff is injured by (i) an ultra-hazardous activity, so dangerous the activity is subject to strict regulation and licensing requirements; or in some cases (ii) activities of a defendant involving dangerous or exotic animals.
Subrogate
To substitute one thing for another. Subrogation is common insurance law where a lawful claim may sometimes be substituted from one person to another.
Survival Claim
A type of action brought by a person on behalf of a descendant’s estate, typically a child, spouse, or loved one. A survival claim is a legal claim that would have been brought prior to the death of the defendant and can be filed by family members or the executor of the estate.
