Plain definitions of 35 terms we use on the job in Atlanta.
Term Index
Open any term below for a dedicated definition page.
Accident Reconstruction is a technical process that examines how a collision happened by analyzing physical evidence, vehicle damage, roadway conditions, witness accounts, and available records. The process may help identify vehicle movements, impact points, and contributing conditions. Lawyers may use the resulting analysis to assess fault and explain disputed collision facts.
Also called: Collision Reconstruction
An assumption of risk is a legal defense based on a person knowingly and voluntarily accepting a specific danger. In a slip and fall claim, a property owner may argue that the injured person recognized the condition and chose to encounter it. The defense depends on the facts, warnings, visibility, and circumstances surrounding the incident.
At-Fault Driver is the person whose careless, reckless, or unlawful conduct caused a car crash or contributed to its harm. Fault may rest on one driver or be shared among several parties. Investigators and courts assess facts such as traffic movements, statements, vehicle damage, roadway conditions, and available records.
Also called: Negligent Driver
Black Box is a vehicle data recorder that preserves information about a truck’s operation before, during, and after a collision. In commercial trucking, the device may record speed, braking, engine activity, seat belt use, and other system data. Investigators and lawyers can examine this information when evaluating how a crash occurred.
Also called: EDR, Event Data Recorder
Burden of Proof is the responsibility to present enough reliable evidence to establish a claim or defense under the legal standard that applies to a case. In a Georgia car accident injury claim, the injured person generally must prove that another party acted negligently and that the conduct caused legally recognized harm.
Chain of custody is a documented record that tracks physical evidence from collection through storage, transfer, testing, and presentation. The record identifies who handled an item, when the transfer occurred, and how the item was secured. In a medication error claim, the process can help show whether a medicine or package remained reliable evidence.
Comparative Negligence is a legal rule that assigns each party a share of fault for an injury. A claimant’s recovery may be reduced by the claimant’s assigned responsibility. The rule helps courts and insurers evaluate how each person’s conduct contributed to a crash and resulting losses.
Also called: Comparative Fault
A contingency fee is a legal fee paid from a client’s financial recovery, usually after the attorney obtains a settlement or court award. The client and attorney agree to the fee arrangement before representation begins. If no recovery occurs, the agreement determines whether the client owes attorney fees.
Also called: Contingent Fee
Damages are the monetary compensation sought or awarded for harm caused by another party’s wrongful conduct. In a personal injury claim, damages may address financial losses, physical pain, emotional distress, and lasting effects on daily life. The amount depends on the evidence, the nature of the injury, and the legal issues in the case.
Dram Shop Laws are state rules that may allow an injured person to seek compensation from an alcohol provider whose conduct contributed to an impaired person's harmful act. These laws create a possible claim against a bar, restaurant, store, or host that is separate from the claim against the intoxicated driver.
Also called: Dram Shop Liability
Economic Damages are measurable financial losses linked to an injury or property damage claim. In a car accident case, they may include reasonable medical expenses, lost income, vehicle repair costs, and future treatment costs supported by records or other proof. They differ from non-economic damages, which address pain, emotional distress, and reduced quality of life.
Also called: Special Damages
Emergency Medical Treatment is urgent care provided after a sudden injury or medical crisis. In a car accident claim, treatment may include evaluation, diagnostic testing, stabilization, wound care, or referral to another provider. Medical records from this care can document the reported symptoms, observed injuries, treatment decisions, and need for follow-up care.
An Expert Witness is a qualified professional who gives specialized opinions in a legal case. The opinion must rely on relevant training, experience, education, or technical knowledge. In an injury claim, an expert may explain aircraft operations, maintenance practices, accident causes, or the effect of an injury when those subjects exceed ordinary knowledge.
Also called: Expert Testimony
Future Medical Expenses are projected costs for medical care a person may need after an injury claim resolves. They can include ongoing treatment, rehabilitation, medication, medical equipment, home care, and follow-up services. The estimate should connect the expected care to the injury and reflect the person’s likely long-term treatment needs.
Also called: Future Medical Costs
Gross Negligence is a serious failure to use even slight care in circumstances where a person or organization should recognize a clear risk of harm. The conduct goes beyond ordinary carelessness. In a workplace injury claim, evidence of gross negligence may affect how responsibility, damages, or available claims are analyzed under the facts.
Implied Consent is a legal principle that treats a person's conduct or decision as agreement to a condition, even without a signed or spoken statement. In drunk driving cases, the principle may concern a driver's agreement to chemical testing under applicable state law after an arrest. The exact effect depends on the facts and jurisdiction.
Lost Wages are income you could not earn because an injury prevented you from working or reduced your ability to work. The loss may involve missed salary, hourly pay, commissions, or self-employment income. In a personal injury claim, lost wages are generally treated as economic damages and require records connecting the loss to the accident.
Also called: Lost Income
Medical Malpractice is professional negligence by a healthcare provider that causes patient harm during diagnosis, treatment, surgery, medication management, or follow-up care. A claim generally examines the provider’s conduct, the accepted standard of care, the connection between the conduct and injury, and the losses that resulted.
Also called: Medical Negligence
Medical Records are written or electronic documents that track a person’s healthcare, including examinations, diagnoses, treatments, test results, and care instructions. Hospitals, doctors, therapists, and other providers create these records during care. In a legal claim, the records can show the condition, treatment history, and changes connected to an injury.
Also called: Medical Record
Negligence is a failure to use the level of care that a reasonably careful person would use in similar circumstances. In a car accident claim, negligence may involve unsafe driving, such as distraction, speeding, or failing to yield. The claim must connect that conduct to the collision and the resulting injury or loss.
Also called: Negligent Conduct
Non-Economic Damages are losses from an injury that do not have a fixed market price. They can address physical pain, emotional distress, loss of enjoyment, scarring, disfigurement, and effects on daily life. Courts and insurers assess these losses through the injury’s nature, treatment, recovery, and impact on the person’s work and relationships.
Also called: General Damages
Notice of Claim is a formal written communication that tells a government agency, public entity, or other responsible organization about an injury claim. The notice usually identifies the incident, the injured person, and the conduct or event involved. It preserves a clear record while the claimant investigates losses and considers further legal action.
Also called: Claim Notice
Pain and Suffering is a type of non-economic damage that addresses the physical discomfort, emotional distress, and reduced enjoyment of life caused by an injury. Unlike medical bills or lost income, this damage does not have a fixed invoice. Evidence may include medical records, treatment effects, personal observations, and changes to daily activities.
Also called: Pain and Suffering Damages
Personal Jurisdiction is a court’s authority over a person, company, or other legal entity involved in a case. The authority usually depends on the defendant’s connection to the place where the court sits, such as living there, doing business there, or causing an injury there. Without it, the court may not decide the dispute.
A Preexisting Condition is a health condition or injury that existed before a later accident. In a personal injury claim, the condition may affect how the accident relates to symptoms, treatment, or losses. It does not automatically prevent recovery, but evidence must separate prior problems from accident-related harm.
Also called: Pre-Existing Injury
Preservation of Evidence is the process of protecting, documenting, and maintaining physical items, records, digital data, and other information that may help establish what happened in a legal dispute. The process aims to keep evidence in its original condition, track who handled it, and prevent alteration, loss, or destruction before review.
Also called: Evidence Preservation
A product recall is a manufacturer’s or distributor’s action to remove, repair, replace, or warn about a product that may create an unreasonable risk of injury or fail to meet a safety standard. In a medical device case, the recall may identify affected devices, explain the defect, and provide corrective instructions.
Also called: Safety Recall
Proximate Cause is the legal connection between a person’s conduct and an injury that makes the conduct a sufficiently direct cause of the harm. In a car accident claim, the connection must be supported by facts showing that the defendant’s negligent act led to the collision and resulting injuries without an unrelated event breaking the chain.
Also called: Legal Cause
Punitive damages are a monetary award intended to punish exceptionally wrongful conduct and discourage similar behavior. They differ from compensatory damages, which repay losses such as medical expenses, lost income, and physical pain. In a personal injury case, punitive damages may be considered when evidence shows deliberate misconduct, fraud, malice, or extreme indifference to safety.
Also called: Exemplary Damages
Rehabilitation Costs are expenses for services that help an injured person regain function, manage lasting impairments, or adapt to daily life after an accident. They may include physical therapy, occupational therapy, speech therapy, cognitive treatment, assistive equipment, and related care. A claim may address both current services and reasonably supported future needs.
Also called: Rehab Costs
Settlement Demand is a formal written request that an insurance company or opposing party pay a stated amount to resolve a personal injury claim. The demand explains the accident, identifies the injuries and losses, presents supporting evidence, and sets out the legal basis for payment. It begins settlement negotiations without filing a trial judgment.
Also called: Demand Letter
A statute of limitations is a legal deadline for starting a civil lawsuit. The deadline usually begins when an injury occurs or when a claim becomes discoverable. If a lawsuit is filed after the applicable period ends, the court may dismiss the claim, subject to exceptions that depend on the facts and governing law.
Also called: Filing Deadline
Subrogation is a legal process that allows an insurer or other payer to seek reimbursement from the person or party responsible for a loss after paying related expenses. In an injury claim, subrogation may involve health insurance, medical benefit providers, or an insurer that covered accident-related costs.
Also called: Subrogation Claim
Third-Party Liability is legal responsibility assigned to someone other than the injured worker’s employer for harm connected to a workplace accident. In workers’ compensation matters, the outside party may be a property owner, equipment maker, contractor, or another driver. A separate claim may address losses that workers’ compensation does not fully cover.
Also called: Third-Party Claim
Wrongful Death is a civil claim brought after a person dies because another party’s negligent, reckless, or intentional conduct caused the death. The claim may seek compensation for losses suffered by eligible surviving family members or the estate. It is separate from a criminal prosecution, which addresses punishment by the government.
Also called: Wrongful Death Claim
The information on this website is for general informational purposes only and is not legal advice, does not create an attorney-client relationship, and may not reflect current law in Atlanta, Georgia, United States. Every situation is different; consult a licensed attorney about your specific matter. Prior results do not guarantee a similar outcome.
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