Plain definitions of 33 terms we use on the job in Georgia.
Term Index
Open any term below for a dedicated definition page.
Accident Reconstruction is a technical analysis that explains how a collision occurred by examining physical evidence, vehicle damage, roadway conditions, witness accounts, and available vehicle data. The analysis may address vehicle movements, impact points, travel paths, and contributing conditions. Lawyers use these findings to assess fault and support a personal injury claim.
Also called: Crash Reconstruction
Assumption of Risk is a legal defense that argues an injured person knew about a specific danger and freely chose to encounter it. The defense may limit or defeat a personal injury claim when evidence shows actual knowledge, understanding of the danger, and voluntary acceptance. Ordinary carelessness does not automatically establish assumption of risk.
Bad Faith is an insurer’s unfair handling of a valid insurance claim, shown by conduct such as unreasonable denial, delay, or refusal to investigate. In an uninsured motorist claim, the issue focuses on whether the insurer treated the claim fairly under the policy and the available facts, not simply whether the insurer disputed payment.
Also called: Insurance Bad Faith
Bodily Injury Liability is a form of auto insurance coverage that pays for injury claims made by people harmed in a crash caused by the insured driver. The coverage may address medical expenses, lost income, and other legally recoverable losses, subject to the policy terms, exclusions, and available limits.
Burden of Proof is the legal responsibility to present enough reliable evidence to support a claim or defense. In a personal injury case, the party bringing the claim usually must establish the required facts. The strength and type of evidence depend on the legal issue, the claim, and the forum handling the dispute.
Causation is the connection between an act or omission and the harm that follows. In a surgical error claim, causation requires evidence that the medical mistake caused or substantially contributed to the patient's injury. The analysis separates the alleged error from the underlying condition, expected risks, and later events that may have affected recovery.
Comparative Negligence is a legal rule that assigns each party a share of fault for an injury. A person’s financial recovery may be reduced by that person’s assigned responsibility. The rule helps courts and insurers assess how the actions of multiple people contributed to a car crash and resulting losses.
Also called: Comparative Fault
A crash data recorder is an onboard vehicle system that captures selected information about a collision and the moments surrounding it. The recorded information may include vehicle speed, braking activity, seat-belt use, airbag deployment, and impact forces. Investigators can use this data with other evidence to examine how a crash occurred.
Also called: Black Box, Event Data Recorder
Damages are the monetary compensation sought or awarded in a personal injury claim for losses caused by another party’s conduct. They may cover financial harm, physical pain, emotional distress, property damage, and other legally recognized losses. The amount depends on evidence, the nature of the injury, and the connection between the conduct and the loss.
A demand letter is a formal written request for payment sent to an insurer or responsible party after an injury claim. The letter explains the facts, identifies the losses, describes supporting evidence, and states the amount sought to resolve the claim. It may begin settlement discussions before a lawsuit is filed.
Also called: Settlement Demand Letter
Duty of Care is a legal responsibility to act with the level of caution that a reasonably careful person would use in similar circumstances. In a pedestrian accident claim, the duty may apply to drivers, property owners, or other responsible parties. A breach of that duty can support a negligence claim when the breach causes injury.
Economic Damages are the measurable financial losses linked to an injury or workplace accident. They may include reasonable medical expenses, lost income, reduced earning ability, and costs for needed services or equipment. In a legal claim, records and other evidence help connect each claimed loss to the accident and establish its value.
Also called: Special Damages
Evidence Preservation is the process of identifying, collecting, protecting, and documenting information that may support a legal claim. In a product liability case, it can include the product, packaging, purchase records, photographs, medical records, repair records, and communications about an injury. Proper preservation helps maintain reliable evidence for later review.
Also called: Preservation of Evidence
An Expert Witness is a qualified professional who gives specialized opinions to help a court understand technical, medical, scientific, or other evidence. The expert bases opinions on education, training, experience, records, testing, or accepted methods. An Expert Witness may prepare a report, testify under oath, or explain whether evidence supports a claimed injury or defect.
Gross Negligence is a serious departure from the care a reasonable person would use under similar circumstances. The conduct shows a failure to recognize an obvious risk or a disregard for another person’s safety. Gross negligence exceeds ordinary negligence and can affect liability, available damages, and the evidence needed to prove a personal injury claim.
An Independent Medical Examination is a medical evaluation arranged by an employer, insurer, or another party to assess a worker’s injury, diagnosis, treatment, or ability to work. A physician who is not the worker’s treating provider conducts the examination and prepares findings for use in a workers’ compensation claim or dispute.
Also called: IME
Liability is legal responsibility for harm, loss, or damage caused by a person, business, or other responsible party. In a rideshare accident claim, liability focuses on who caused the collision and whether that party must pay damages. More than one person or entity may share responsibility when their actions contributed to the injuries.
A Medical Lien is a legal claim or payment agreement that allows a medical provider to seek payment from a personal injury recovery for treatment related to an injury. The arrangement may help coordinate care when insurance does not pay immediately. The lien is resolved from the recovery according to its terms before funds are distributed.
Also called: Hospital Lien
Medical Malpractice is professional negligence by a healthcare provider that causes harm through a treatment decision, procedure, diagnosis, or failure to provide appropriate care. A claim usually examines the provider’s duty, the departure from accepted practice, the patient’s injury, and a connection between the conduct and the harm.
Also called: Medical Negligence
Medical Records are written, electronic, or recorded information about a patient’s care. They may document symptoms, examinations, diagnoses, medications, treatment decisions, test results, and follow-up instructions. In a medication error claim, these records help show what care was ordered, what care was given, and how the patient’s condition changed afterward.
Also called: Medical History Records
Negligence is a failure to use reasonable care under the circumstances, causing harm to another person. In a slip and fall claim, negligence may involve a property owner or occupier failing to address a dangerous condition or warn visitors about it. The claim depends on duty, breach, causation, and resulting damages.
Non-Economic Damages are compensation for personal effects of an injury that do not come with a direct bill or receipt. They may address pain, emotional distress, reduced enjoyment of life, disfigurement, or loss of companionship. In a Georgia car accident claim, these damages are considered separately from medical expenses and lost income.
Also called: General Damages
Pain and suffering is a category of non-economic damages that addresses physical discomfort, emotional distress, reduced enjoyment of life, and related effects after an injury. Unlike medical bills or lost wages, this category concerns personal harm that does not come with a fixed invoice. Evidence may include medical records, treatment history, and personal descriptions.
A personal injury claim is a legal demand for compensation after another party’s conduct causes physical harm, emotional distress, or related losses. The claim identifies who may be responsible, connects the conduct to the injury, documents damages, and seeks payment through negotiation or a lawsuit. A claim may resolve without trial.
Proximate Cause is a legal connection between conduct and harm that makes the conduct sufficiently related to the injury for liability analysis. The connection requires more than showing that an event came before an injury. The evidence must show that the injury was a foreseeable result of the conduct under the circumstances.
Also called: Legal Cause
Punitive Damages are court-awarded damages intended to punish exceptionally wrongful conduct and discourage similar behavior. They differ from compensation for medical bills, lost income, property damage, or personal suffering. In a Georgia injury case, the claim usually depends on evidence showing more than ordinary carelessness, such as willful misconduct, fraud, or conscious indifference to consequences.
Also called: Exemplary Damages
A release is a legal document in which a person gives up specified claims against another party. In a car accident case, a release often relates to a settlement and identifies the claims, parties, and payment covered. Signing one may limit further recovery for the matters described in the document.
Also called: Settlement Release
Spoliation is the loss, alteration, concealment, or destruction of evidence that may be relevant to a legal claim. The issue can involve physical products, records, photographs, electronic data, or testing results. In a product liability case, spoliation may affect how a court evaluates missing evidence and the party responsible for preserving it.
Also called: Evidence Spoliation
A statute of limitations is a legal deadline for filing a lawsuit after a claim arises. The deadline can depend on the type of injury, the parties involved, and facts that affect when the claim became known. If a lawsuit is filed after the applicable period ends, the court may dismiss the claim.
Subrogation is a legal process that allows an insurer or other payor to seek repayment from the person responsible for a loss after covering related costs. In an uninsured motorist claim, subrogation may involve resolving another insurer’s payment interest before the injured person receives final claim proceeds.
Underinsured Motorist Coverage is insurance on your auto policy that may help pay covered injury losses when the at-fault driver’s liability insurance cannot cover the full value of your claim. The coverage applies subject to its policy language, limits, exclusions, and the facts of the crash.
Also called: UIM Coverage
Vicarious Liability is a legal principle that can make one person or organization responsible for another person’s actions. In an auto accident, the principle may connect a driver’s conduct to an employer, vehicle owner, or rideshare company. Responsibility depends on the relationship, the driver’s role, and the facts surrounding the crash.
Also called: Employer Liability
Wrongful Death is a legal claim arising when another party’s negligent, reckless, or intentional conduct causes a person’s death. The claim may allow eligible surviving relatives or the estate to seek compensation for losses connected to the death. It differs from a personal injury claim because the injured person cannot bring the 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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