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- Cause of Action
- A legally recognizable and actionable claim.
Claimant
One who is asserting a right or claim. A personal injury victim is usually referred to as a claimant until suit is filed and then the victim is usually referred to as the Plaintiff.
 Contingency Fee
This is a percentage fee that is contingent or dependent upon a recovery being made. Where the client receives a recovery, the attorney earns a percentage of the recovery as the attorney's fee. Where no recovery is made, no contingent fee is due.
Comparative Fault
A modernization of the doctrine of contributory negligence, which barred recovery in most cases where the plaintiff was found to have been even slightly at fault. Under comparative fault, generally, a plaintiff may still recover her damages from a negligent defendant so long as the jury finds the defendant more than 50% at fault. The plaintiff's award of damages is then reduced by the percentage of fault, if any, the jury or judge allocated against her. Both Tennessee and Georgia are comparative fault jurisdictions, while Alabama retains the doctrine of contributory negligence.
Court Reporter
A certified legal stenographer who records testimony given under oath at depositions, hearings, and Court proceedings, and later prepares a transcript of the recording, certifying the accuracy of the transcription.
Defendant
Any party against whom relief or recovery is sought in an action or suit.
Discovery
That part of a lawsuit where the facts of a case are investigated (or discovered) by all parties. Discovery proceedings include written questions (interrogatories), requests for documents, and oral examinations under oath (depositions).
General Damages
A plaintiff's damages that cannot be easily quantified, such as loss of the enjoyment of life, pain and suffering, mental anguish, permanent medical impairment, loss of consortium, and permanent scarring or disfigurement, if applicable.
Insurance, First Party
The phrase first party generally refers to a contract relationship, such as a relationship between a driver and his own auto insurance carrier.
Insurance, Third Party
This refers to the insurance coverage of an adverse driver who is responsible for the injuries and damages to someone else. If the driver of vehicle A is negligent and hits vehicle B injuring the driver of vehicle B, the insurance carrier for vehicle A is third party insurance as to the injuries and damages to vehicle B and vehicle B's driver.
Liability
Legal responsibility for injuries and/or damages.
Litigation
A Court proceeding that involves a judicial controversy.
Mediation
A non-binding settlement conference attended by all parties to a controversy conducted by a mediator for the purpose of helping the parties reach a compromise settlement. The mediator is typically a senior lawyer or retired judge. If the mediator's findings were binding, it would be called an "arbitration."
Medical Lien
A lien by a medical provider who has provided medical care and/or treatment to the claimant, but who has not been paid in full. The medical provider places a lien on claimant's claim against any adverse party so at the time of any recovery by claimant, the medical lienholder is paid directly out of the claimant's recovery proceeds.
Medical Malpractice
Medical malpractice is a legal term which means that a health care provider (doctor, hospital, etc.) failed to meet acceptable professional standards causing an injury to the patient. We often use the term, "medical negligence," interchangeably with "medical malpractice."
MedPay Coverage
This is insurance coverage found in a first party insurance policy that pays for medical expenses incurred by someone injured while on or in the insured's property, without regard to liability. For example, if passenger C is injured while riding in A's car, if A's auto insurance policy includes MedPay coverage, passenger C's medical expenses will be paid under A's MedPay coverage up to the limits of liability of the coverage.
Minor
A person under the age of legal competence. In Tennessee, for most purposes a minor is generally anyone less than 18 years of age.
Negligence
A failure to exercise reasonable care under the circumstances. Negligent conduct is not intentional or even necessarily reckless conduct but is carelessness, inadvertence, thoughtlessness, inattention, and the like which results in injury or other damages.
Paralegal
Paralegals are a distinguishable group of persons who assist attorneys in the delivery of legal services. The titles, "paralegal," and "legal assistant," are used interchangeably. Paralegals possess knowledge and expertise regarding the legal system and substantive and procedural law which qualify them to do work of a legal nature under the supervision of an attorney.
Plaintiff
A person who files a lawsuit and is named as the party filing suit on the record.
Specials
This is short for special damages, which are a claimant's medical expenses, lost wages and other readily quantifiable damages.
Subrogation
The substitution of one person in place of another with reference to a claim or right. For example, where your own auto insurance company pays for the property damages to your vehicle that were caused by another driver, your insurance company has a right to bring a claim against the driver who caused the damage to your vehicle (this is a right of subrogation) to recover the money they paid for these damages. Your insurance company is said to be subrogated to your right to pursue a claim for this property damage against the driver at fault.
Tort
Where a crime is considered a wrong against society (or a "public wrong"), a tort is a private wrong (other than a breach of contract) which is actionable. Generally, most crimes are also torts, but many torts are not crimes. While there are many types of torts, most injury claims involve the tort of negligence. For example, Billie is driving inattentively and rear-ends Sheryl's vehicle, which was stopped at a red light, injuring Sheryl and damaging her car. Sheryl probably has a claim against Billie under the tort theory of negligence because she was injured due to Billie's failure to exercise reasonable care under the circumstances (i.e. to watch where he was going)!
Tortfeasor
A person who commits a tort.
Uninsured/Underinsured Motorist Coverage
Automobile insurance coverage which exists to protect the driver and their occupants from the negligence of others who either may not be insured, or may not possess adequate liability insurance coverage to fully compensate the injured parties. Arguably U/M is the most important coverage a person can have on their automobile policy, and it usually costs very little. The higher the amount of your coverage, the better, although state laws generally prohibit your U/M limits from exceeding your liability limits.
These definitions are provided only as a general guide inside the jurisdictions in which we regularly practice. They are not necessarily court-approved, statutory or common law definitions, and cannot and should not be relied upon as such. They furthermore cannot take the place of legal advice and counsel. Contact us if you think you may have a legal matter which needs to be addressed. Even if it involves an area of law in which we do not practice, we will gladly refer you to a firm which does handle such matters.
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