Legal
Definitions
- cause of action
A legally recognizable claim. For example, a person who is
injured as a result of a defective product can only recover once for his injuries
sustained, but may have several causes of action against various Defendants in the case.
There may be a cause of action for negligence against the manufacturer of the product, a
cause of action for strict liability against the manufacturer of the product, and a breach
of warranty claim against the manufacturer of the product. In addition, there may be a
strict liability claim against the seller of the product, a negligence claim against the
seller of the product, and a breach of warranty claim against the seller of the product.
Each of these is a separate cause of action and is based on a different theory of
liability.
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.
contingent 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.
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).
Industrial Commission
Legislatively created entity in Illinois that is
responsible for adjudicating all Workers' Compensation claims.
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 settlement conference attended by all parties to a
controversy, usually conducted by a mediator. Typically a mediator is a senior lawyer or
retired judge, whose purpose is to help all parties resolve the case.
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.
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 Illinois, a
minor is anyone less than 18 years of age.
negligence
A failure to exercise reasonable care under the
circumstances. Negligent conduct is not intentional conduct but is carelessness,
inadvertence, thoughtlessness, inattention, and the like.
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 and lost wages.
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
A private wrong or injury in which the claim is not based
on a contract between the parties. Most injury claims are tort claims. For example, where
the driver of vehicle A causes damage through his negligence to vehicle B and its driver,
driver B's claim against driver A will be based on driver A's negligence, which is a tort
claim.
tortfeasor
A person who commits a tort.
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R. F. Wittmeyer, Ltd.
1635 N. Arlington Heights Rd., Suite 104
Arlington Heights, Illinois 60004
(847) 577-1123
Fax (847) 577-2827
E-mail: rfw@injurylawattys.com

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