The Law Offices of Michael A. DeMayo, L.L.P. ® have provided you with a legal dictionary
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.
Partial Disability- In a workers’ compensation case, this refers to any disability that is less than total. Workers’ compensation benefits are generally measured by earning power in this situation.
Personal Injury – A personal injury is any injury that occurs to your body, emotions, or mind.
Personal Jurisdiction – The power of a court over a person. Compare with subject matter jurisdiction.
Petition to Terminate, Modify or Suspend Benefits – In a workers’ compensation case, this is the petition filed by the employer/insurance carrier in an attempt to modify, suspend or terminate an injured employee’s compensation.
Possessor of Land – A person who occupies land and intends to control it. Most often, it is the owner of the property.
Post-Concussive Syndrome – Complex somatic, cognitive, and emotional symptoms that a person my experience from mild traumatic brain injury.
Precedent – Decision by a court that provides an example or authority for later cases involving a similar question of law. See binding authority.
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.
Preponderance of the Evidence – The amount of evidence needed for a plaintiff to win in a civil action. A preponderance of the evidence is the greater weight of the evidence or the more convincing evidence in comparison to the evidence offered in opposition. A plaintiff can win by a preponderance of the evidence even if plaintiff’s evidence merely tips the scales in plaintiff’s favor.
Presumptively Capable of Negligence – North Carolina law places minors in three categories based on age. Minors under 6 are conclusively presumed incapable of negligence. Simply put, under the law, they cannot commit torts. Minors between 6 and 12 are presumed incapable of negligence, but the presumption is rebuttable or disputable, and the presumption grows weaker as the child nears his or her 12th birthday. Minors over 12 are presumptively capable of negligence. Simply put, under the law they are presumed as being able to commit torts. The burden is on the minor to prove incapacity.
Prevailing Party – Generally, the winning party in a lawsuit.
Prima Facie – Literally means “at first sight” or “on the face of it.” “Prima facie evidence” is evidence that is good and sufficient on its face. A plaintiff makes out a “prima facie case” when he or she presents “prima facie evidence,” which means that the plaintiff is permitted to prevail on that evidence alone, unless the defendant can put forth sufficient evidence to overcome it.
Primary Care Physician (PCP) – A physician that is employed by or contracts with a managed health care system like an HMO that coordinates all of the member’s medical care. A PCP is usually a family practitio
ner. PCP’s are also known as “gatekeepers” because they control a member’s access to medical care within a health plan.
Privileged Communication – Statement protected from forced disclosure in court because the statement was made within a “protected” relationship such as attorney/client. See attorney-client privilege.
Procedural Law – Generally, the body of law establishing the method or procedure of enforcing rights or obtaining redress for invasion of rights. Compare with substantive law which establishes rights.
Products Liability – Area of the law involving the liability of manufacturers and sellers of dangerous or defective goods or products.
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.
Proximate Cause – The proximate cause of an injury is a cause which in a natural and continuous sequence produces a person’s injury and is a cause which a reasonable and prudent person could have foreseen would probably produce such injury or some similar injurious result.
Punitive Damages – Also known as “Exemplary Damages.” Compensation greater than is necessary to pay a plaintiff for a loss. These damages are awarded because the loss was aggravated by violence, oppression, malice, fraud or wanton and wicked conduct on the part of the defendant. Such damages are intended to punish the defendant for his/her evil behavior or make an example of him/her.
Purchaser – In products liability law, a person who buys a product.