Glossary

The Law Offices of Michael A. DeMayo, L.L.P. has provided you with a legal glossary
so that you can better understand some of the legal vocabulary used throughout our website
and during your personal injury claim.

Contact the Law Offices of Michael a. DeMayo, L.L.P. to schedule a free initial consultation.

Abuse – Abuse occurs when one person causes physical or emotional injury or harm to another person. Abuse can also be sexual, if a sexual act is performed on another person without their consent. When older individuals are abused, like in nursing home abuse, the results can be very serious.

Accident – An incident that occurs that causes one either economic or non-economic loss. Accidents can occur almost anywhere, anytime, and can include auto accidents, truck accidents, and motorcycle accidents.

Appeal – After a court decision has been made, the decision can be appealed to a higher court to have the decision reduced or dismissed.

Attorney – A lawyer who is licensed to practice law and represent another person in legal matters.

Beneficiary – A person who is entitled to part or all of an estate left by the death of another person.

Breach of Warranty – The failure or violation of a warranty, written, expressed, or implied, due to a defect in a product.

Cause – The circumstance that brings about a result or effect. A cause is the reason for bringing a legal action.

Claim – A claim is an assertion of your legal right to demand compensation for a loss you have endured.

Comparative Negligence – The process of apportioning damages and liability to multiple parties, determined by the proportion of fault in an incident.

Compensation – The act of making up for a loss. The court can award monetary compensation for losses that you have endured.

Contributory Negligence – Contributory negligence is an old law that says if you had any part in the cause of your injuries, you are unable to recover any compensation from the defendant.

Damages – Damages is the legal term for the monetary compensation received for losses endured.

Decision – A determination made from a consideration of law and facts.

Defective Product – A defective product is any product that causes you to suffer loss as the result of some defect, whether it is a design defect, manufacturing defect, or failure to warn.

Defendant – The defendant is the party who is being accused of causing the losses endured by another person. In a personal injury claim, the defendant or their insurance company can be held accountable for compensating you for your losses.

Disability – Being unable to gain employment due to mental or physical impairment.

Dispute – The disagreement or opposition of views or claims.

Fault – The responsibility of the negligence that caused injury or damage.

Guardian – A person who is either legally appointed or entitled to manage and care for another person and their property.

Immunity – The exemption of personal or civil liability from civil torts or criminal cases.

Income – A reoccurring gain or benefit of money determined by labor or capital.

Injury – The harm, loss, or damage sustained as the result of another person's negligence.

Judgment – A formal decision made by a court official or judge.

Juvenile – A person who has not yet reached an age specified by law, usually 18, and thus cannot be punished as an adult.

Liability – Liability, in the legal sense, is similar to responsibility or accountability for injuries or losses endured by another person.

Limitation – The amount of time you have to bring a legal action against the party that caused you loss. This amount of time begins from the time that you learn you have been a victim.

Loss – The detriment or harm of your physical being, emotions, or property (economic loss).

Malpractice – Malpractice can occur in any professional setting when a person is injured as the result of breach of duty, negligence, or lack of ordinary skill. Medical malpractice is a common form of malpractice that our lawyers deal with.

Mental Anguish – The pain, torment, distress, or suffering of emotions as the result of the negligence of another.

Negligence – Negligence causes many different personal injuries. When a person fails to exercise care, or acts in a way that causes injury, harm, or loss. Negligence can be difficult to show, which is why a negligence lawyer is very helpful in personal injury claims.

Personal Injury – A personal injury is any injury that occurs to your body, emotions, or mind.

Premises – Any part of a building or tract of land and the area or easements around it.

Premises Liability – If you are injured on another person's property, premises liability holds the owner or manager of the property responsible for your injuries.

Product Liability – Holds the manufacturer, distributor, wholesaler, or retailer responsible for injuries suffered as the result of a defective product. See more product liability information.

Proof – The effect of providing sufficient evidence as to persuade another person that a fact exists.

Property – Anything that is owned or possessed, as in land, products, interests, etc.

Property Damage – Property damage occurs when you are involved in an incident in which harm is done to your personal property. A property damage claim can be settled at no additional cost when our car accident attorneys are handling your car accident claim.

Recover – To gain back or obtain a settlement through a legal judgment or claim.

Risk – The possibility of suffering a loss or injury.

Settlement – A legal agreement between two parties, reducing or resolving a difference.

Social Security – Social Security is a government-funded program to provide people who are unable to work with compensation so that they are able to live. Social security disability can be difficult to apply for and receive without the aid of a social security disability lawyer.

Strict Liability – Strict liability is imposed on a party that caused injuries or other losses to another. Strict liability is common in workers' compensation and product liability claims.

Warranty – A promise or guarantee of the integrity of a product written in a contract, expressed verbally, or imposed by law in recognition of the nature of the product or transaction.

Witness – A person who can be called on to provide evidence, establishing the authenticity of an occurrence.

Workers' Compensation – Workers' compensation is payment provided to employees when they are injured while at work. Negligence does not need to be shown in order to receive workers compensation.

Wrongful Death – A wrongful death is the death of a person caused by the negligence, willful act, or wrongful act of another. In most cases, only the immediate family is able to file a wrongful death claim.