If you, a family member or a friend has been diagnosed with malignant mesothelioma, you may hear a lot terms you might not be familiar with. We have put together this glossary of legal terms as a resource for you.
- Additur
- When a judge thinks that the jury has not recommended enough money for the plaintiff and orders that an additional amount be added to the total.
- Amendment
- A change to the plaintiff’s or the defendant’s pleadings, responses, or other papers filed in a lawsuit. All amendments are filed with the court and given to the opposing side.
- Answer
- The defendant’s formal written response to the allegations made by the plaintiff in the plaintiff’s Petition (or Complaint).
- Appeal
- After a trial court enters a judgment, one of the parties may ask a higher-level court to review the judgment to make sure that it was justified. This is called an appeal.
- Appellate
- A word used to describe things having to do with the process of appealing a judgment entered by a lower court. For example: the “appellate” court is a court with higher authority than the one where the trial took place, and it hears the appeal brought by a party who is not satisfied with the judgment of the lower court.
- Award
- A decision made by a jury or a court, usually involving money. A plaintiff may get an “award” of money from the defendant as damages for injuries. (See also Recovery, Damages)
- Breach of Warranty
- A legal theory, most often associated with buying goods and services, that says that a party should pay for promising that a product or service would contain certain things, perform a certain way, or was safe for use when it did not perform as promised.
- Client
- The person who hires a lawyer for legal services.
- Complaint
- The formal document filed with a trial court to start a lawsuit that explains the facts of a particular case and lists the legal theories that justify an award or recovery from the defendant. (See also Petition)
- Contingency fees
- A method of payment for legal fees frequently used in personal injury and wrongful death actions in which the client pays the attorney a percentage of any recovery or award achieved for the client, but does not pay any legal fees if no recovery is won.
- Damages
- The term “damages” refers to the sum of money awarded to a plaintiff injured by the negligence or other unlawful act of the defendant. (See also Award, Recovery)
- Defendant
- The person, company, or entity being sued that must answer the lawsuit filed by the plaintiff.
- Deliberate
- What a jury does at the end of a trial when it considers the evidence presented in court so it can render a verdict for either the plaintiff or the defendant.
- Deposition
- The sworn testimony a person gives about a particular case, usually in a scheduled meeting with the opposing side’s lawyers.
- Disbursement check
- The form in which money from a settlement or a judgment reaches the plaintiff.
- Discovery
- The process after a lawsuit is filed, but before trial begins, in which both sides gather and disclose as much information about a case as possible. “Interrogatories,” “Depositions,” and “Requests for Production” are all part of the discovery process.
- Durable Power of Attorney
- A Durable Power of Attorney is a document authorizing another to act as one’s agent or attorney. With a Durable Power of Attorney, an agent may continue to act on a patient’s behalf even after that person has been diagnosed with an incapacitating illness. If the Durable Power of Attorney so provides, the agent can use the patient’s funds to pay bills, contract for hospice services for the patient’s care, and can also make basic health care decisions for the patient.
- Estate Planning
- A branch of the law that tries to maximize the benefit of the laws of wills, trust, taxes, insurance, and property while helping a person carry out their wishes for the disposition of their property upon death.
- File a lawsuit
- To prepare a set of papers (a Complaint or Petition) describing the facts and legal issues and deposit them with the court.
- Interrogatory
- A set or series of questionnaires exchanged by the parties during the discovery process for the purpose of gaining information about issues and facts in the lawsuit.
- Judgment
- The official decision of a court, setting out the rights and obligations of the parties to the lawsuit. Based usually on the jury’s verdict but sometimes on the judge’s rulings in the matter.
- Judgment Not Withstanding the Verdict
- A judge’s decision to throw out the jury’s verdict altogether and enter the opposite result.
- Last Will and Testament
- A last Will and Testament is a statement of what a person wants done with their estate after they die. It is always a good thing for even the healthiest of people to maintain a current and updated Will. It is even more imperative that a person with a serious illness should do so.
- Liable
- To be legally responsible for causing an injury or harm.
- Living Will
- A Living Will is a declaration that a person desires to forego heroic measures and artificial means of life support if there is not a reasonable expectation of meaningful recovery. A Living Will generally states that they would prefer not to have extraordinary medical treatment or artificial nutrition or hydration used to keep them alive if there is no reasonable hope of recovery. A Living Will generally states that they would prefer not to have administered such extraordinary medical treatment or artificial nutrition and hydration and gives the doctor permission to withhold or withdraw life support systems under certain conditions. If a person is unable to make these decisions for themselves, a Living Will can state who will make those decisions.
- Motion
- An application, usually written, made to a judge asking for an order or ruling on a particular problem in a lawsuit.
- Negligence/negligent
- Actions taken without reasonable care that lead to someone’s injury. To be “negligent” is to be legally at fault for causing a person’s injuries.
- Paralegal
- A lawyer’s assistant, also referred to as a Legal Assistant. A person who often has legal skills but who is not a licensed attorney and who works under the supervision of a lawyer.
- Party
- A person or company that is participating in a lawsuit either as a Plaintiff or a Defendant.
- Personal Injury
- In a narrow sense, a personal injury is a hurt or harm done to the body of a person, such as a cut or a broken limb, as distinguished from an injury to a person’s property or reputation. Generally though, the term Personal Injury is used in a broader sense to describe a variety of legal actions based on Tort theories for any injury considered an invasion of a personal right, whether it is to one’s physical body, psychological state, or reputation and the like.
- Personal Representative
- The person who by law has the right to bring a lawsuit on behalf of the estate of someone who is deceased. A personal representative may include, depending on the law of the state, executors, administrators, heirs, or next of kin.
- Petition
- Formal document filed with a trial court to start a lawsuit that explains the facts of a particular case and lists the legal theories that justify an award of recovery from the defendant. (See also Complaint)
- Plaintiff
- The person or company that files a lawsuit.
- Pleading
- Pleadings include such documents as a plaintiff’s Petition (or Complaint) and a defendant’s Answer, as well as all subsequently amended Petitions and Answers filed by the parties during the course of the lawsuit.
- Power of Attorney
- A “Power of Attorney” is a document authorizing another to act as one’s agent or attorney. A Power of Attorney is revoked as a matter of law upon the principal’s death, and even upon incapacity in most instances. A Durable Power of Attorney is a document that is valid even upon the death or incapacity of the principal. (see Durable Power of Attorney)
- Product Liability
- Refers to the legal liability of manufacturers and sellers to compensate buyers, users, and bystanders for injuries suffered because of defects in goods purchased or used.
- Recover/recovery
- To obtain a judgment of money. The money “recovered” is called the “recovery.” The recovery is usually for an amount agreed to in settlement of the case or awarded by the court or jury. (See Award, Judgment)
- Remittitur
- When a judge determines that the jury’s verdict for the plaintiff is too high and orders that an amount be subtracted from the total.
- Reply
- This usually refers to the Defendant’s written response to the allegations made by the Plaintiff in the Plaintiff’s pleadings, but a Plaintiff can also be in the position of filing a Reply document.
- Request for Production
- A demand by one party during the discovery process that the other party disclose certain documents connected to a lawsuit.
- Retain
- To hire a lawyer.
- Settlement/Settle
- The agreement reached between parties to a lawsuit to resolve the lawsuit without going to trial. The parties agree to “settle” the lawsuit, usually for a particular sum of money.
- Statute of Limitations
- The period of time allowed by law for bringing a lawsuit. If a Plaintiff files a lawsuit after the Statute of Limitations period has expired on a legal action, a defendant may object and seek to have the case dismissed.
- Sue
- To bring a legal action against a person, company, or other entity by filing a lawsuit.
- Summons
- When a Plaintiff files a Complaint or Petition, the clerk of the court issues a summons that gives the Defendant notice of the lawsuit and commands the Defendant to answer by a certain date in a particular manner. A summons is generally served on the Defendant by a sheriff, marshal or other Process Server.
- Survival Action
- This term refers to actions for personal injuries, which by statute survive the death of the injured person. A Personal Representative may bring survival actions on behalf of the deceased.
- Tort
- A branch of the law as well as the legal term used to define wrongs committed on a person (usually physical or mental injuries) or on their property (usually destruction to personal belongings). Tort law is usually distinguished from contract law. (See Personal Injury, Wrongful Death)
- Verdict
- The response given by the jury after deliberations to legal questions raised by the evidence in trial.
- Wrongful Death Action
- A type of lawsuit brought on behalf of a deceased person’s heirs or beneficiaries alleging that the death was attributable to the willful or negligent act of another.