Glossary

Allegation:
A claim made by a plaintiff and documented in a complaint.
Assault:
Willful harm or threat to harm another.
Burden of proof:
Degree to which a plaintiff must prove his or her claims; usually plaintiffs are supposed to convince judge or jury that the evidence points to their claims’ validity.
Compensatory damages:
Monetary compensation awarded to directly address the effects of an injury. Examples of compensatory damages include money for past and future medical treatment and lost wages.
Complaint:
Document that initiates the lawsuit process for a civil lawsuit.
Damages:
Moneys awarded when a plaintiff wins a personal injury lawsuit.
Decedent:
A deceased person.
Defendant:
Person or persons accused of causing or contributing to a personal injury in a civil suit.
Discovery:
The process of collecting and producing evidence that takes place before a civil lawsuit.
Emotional distress:
Mental anguish or suffering.
Gross negligence:
Intentional or reckless failure to perform a duty or live up to a standard of care.
Liability:
Responsibility for an act that led to a personal injury.
Medical malpractice:
Failure of a medical professional to act with reasonable standard of care.
Negligence:
Failure to act with reasonable care, causing personal injury.
Pain and suffering:
Mental or physical anguish; often forms a basis for monetary damages.
Plaintiff:
The injured party bringing a civil lawsuit for a personal injury.
Product liability:
A branch of law dealing with defective products.
Punitive damages:
Damages designed to punish a defendant and/or deter future negligence on the part of other parties.
Statute of limitations:
A time frame in which a lawsuit must be filed to be valid.
Venue:
Place in which a court has jurisdiction; place of trial.
Wrongful death:
A death that takes place as the result of someone else’s negligence or lack of care.