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.
Commutation
A judicial order by a workers’ compensation judge to allow a lump sum payment of part or all of your permanent disability award.
Comparative Negligence
Comparative negligence: reduces the amount of damages a plaintiff can recover based upon the plaintiff’s own negligent contribution to the injury. Pure comparative negligence: Plaintiffs can recover some percentage from a defendant who is liable regardless of the extent of their own negligence. Modified comparative negligence: Plaintiffs are allowed a partial recovery just like pure […]
Contributory Negligence
Contributory negligence: is only followed in a few states and is not the law in Kansas. In tort law, contributory negligence bars recovery for an injury where a plaintiff had any fault whatsoever in contributing towards the cause of the injury. Example 1: A plaintiff and defendant crash into each other on the road. A […]
Cumulative injury (CT)
An injury caused by repeated events or repeated exposure at work. Examples: hurting your wrist doing the same motion over and over or losing your hearing because of constant loud noise.
Damages
Damages A monetary award to plaintiff, generally (but not always) measured by the injury suffered by the plaintiff. Damages are sometimes presumed, and sometimes must be proven through negotiations or in court. Special damages: compensate clients for various out of pocket expenses. General damages: compensate clients for pain and suffering. General damages may also include […]
Date of Injury
The date an accident occurred or the date you became ill. If an injury was caused by one event, the date it happened is the date of injury. If the injury or illness was caused by repeated exposures (CT: cumulative injury), the date of injury is the date you knew or should have known the injury was […]
De Novo
Beginning again; or starting over. Example: If an appeal is granted, a case may be sent back tried again, De Novo.
Death benefits
Benefits paid to the surviving dependents when a work related injury or illness results in death.
Defendant
The party opposing you in a dispute. The defendant will generally be represented by an insurance company, they may represent themselves, or use the services of another attorney.
Delay letter
A letter sent by insurance companies offering an explanation on why payments may be delayed. The letter will generally include what information is necessary for the insurance company to process a claim and timelines on when a decision will be finalized for the insurance payment.
