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.
Thin Skull Rule
When a person’s normal state is more fragile than a normal person, due to an inherent weakness or a pre-existing vulnerability or condition; the person who has committed a harm (tortfeasor) is responsible for the injured victim as they are; the tortfeasor is required to compensate for all damages he caused, even if damages are […]
