“What Did You Just Say?” Your Guide to Confusing Legal Terms

The language of the law can be very confusing. Some legal phrases date back to the early days of America. Some words even date back to the legal systems of England, Rome, and Greece. When a lawyer starts spouting off this “legalese,” it can be a bit overwhelming.

Here at Rocky McElhaney Law Firm, we always encourage our clients to ask questions to understand every part of their case. But how do you know what questions to ask when your lawyer (or a judge, or an insurance agent, or anyone involved in the justice system) sounds like they’re speaking another language? To help explain some terms that many clients find confusing, we offer a few explanations of words and phrases used in cases.

The jargon of personal injury claims

• Accident report. After an accident, the police are normally called to the scene of the accident. After attending to anyone who is hurt, clearing traffic, and investigating the claim – the officer normally writes down his/her findings in a written report. The written report is called an “accident report.”
• Act of God. Defendants sometimes argue that an accident or injury couldn’t have been avoided – and that this unavoidability means they shouldn’t be held accountable. The legal system does recognize that some actions such as earthquakes and lightning strikes are “Acts of God” – natural events that the defendant couldn’t anticipate. Many bad weather events such as rain, snow, sleet, and ice are not acts of God because all the drivers had to do was listen to the weather report.
• Bodily injury. In every personal injury, the victim must suffer some bodily injury caused by the negligence of another person or caused by a defective product. Bodily injury includes any physical harm such as broken bones, spinal cord damage, a traumatic brain injury, or other harm. In most cases, the victim will seek medical help to treat their bodily injuries. Victims may also suffer emotional injuries. Generally, in order to file a claim for emotional injuries, the victim must also suffer a bodily injury.
• Causation. This is a tricky term which means that the conduct of the misconduct of the defendant is what caused your injuries.
• Contingency fee. In personal injury cases, your lawyer agrees that he/she will only be entitled to his/her fee if the case settles (with your permission) or this is a verdict in your favor.
• Damages. Damages refer to the losses you sustained because you were injured. They can be economic (things like medical bills and lost wages) or non-economic (like pain and suffering).
• Liability. This term refers to the person or entity who will be held accountable for your injuries. If you are rear-ended at a red light, for example, by a distracted driver, that distracted driver would be held liable for your injuries.
• Negligence. This term means that a person or company owed you a duty of care, failed to meet that duty of care, and that the breach of that duty caused your injuries.
• Product liability. Manufacturers, distributors, and retailers of products have a duty to make their products safe. They can’t place profit before your safety. If a product is defective at the time of the accident and the defect causes your injuries, you are entitled to damages. The defendants are strictly liable – there’s no need to prove negligence. Products such as cars, medications, and toys may be defective due to poor design, shoddy manufacture, or inaccurate or unclear instructions.

Common insurance words and phrases

• Bad-faith claim. The insurance company for the defendant or for you has a duty to review your claim fairly. When an insurance company takes positions they know aren’t true, fails to respond to inquiries in a reasonable time, denies coverage even though it’s clear there was a contract for insurance and the premiums were current – the insurance company is negotiating in bad faith. We file bad faith claims when insurance companies act outside the bounds of fair negotiation practices. In bad faith claims, we ask for payment of the core claim, payment for legal damages, and other penalties the law permits. For example, if the policy limits in a case are$50,000 and your case is worth $75,000, the insurance company is normally liable for just the policy limits – $50,000. If the insurer acts in bad faith, they may be liable for the full $75,000.
• Claims adjuster. This person is a representative of the insurance company that has the responsibility to pay for your damages if you’re injured. The claims adjuster investigates your claims, reviews the evidence and reports submitted by your personal injury lawyer, and makes settlement recommendations. The claims adjuster is not your friend. He/she works for the insurance company. The insurance company wants to pay you as little as possible.
• Underinsured motorist coverage (UM). Many defendants don’t have car insurance even though they are required to have minimum liability coverage for your bodily injury and property damage (your medical bills, lost income, pain and suffering, and car damage). If the defendant doesn’t have insurance, you can then demand that your UM carrier pay your bodily injury and property damages – provided you can show the defendant is liable.
• Underinsured motorist coverage (UIM). If the driver who struck you doesn’t have enough insurance coverage to pay for your damages, then you can ask your UIM carrier to pay the difference (the damages due minus the insurance the defendant does have) – up to the policy limits of the UIM policy.

General “legalese” for any kind of civil case

• Appeal. If your case isn’t settled, then a jury decides your fate. In some cases, we or the defendants might claim that there were legal errors committed during the trial that affected the outcome. When errors occur, either side can request that a higher court, called an appellate court, decides whether there really were errors and if the result of the case should be examined. The request to the appellate court is called an appeal.
• Defendant. This is the person or entity against whom a lawsuit, claim, or criminal charge is filed.
• Deposition. Both the plaintiff and the defendants have the right to ask each other oral questions while they and their lawyers are present. The deposition, the oral questions, normally takes place at a lawyer’s office or at the courthouse. The questions are recorded by a court reporter.
• Interrogatories. These are written questions that each party submits to the other party. The questions are answered, with the help of your lawyer, under oath.
• Plaintiff. This is the person who files a lawsuit or claim in civil court.
• Punitive damages. The law permits plaintiffs to recover punitive damages if the defendant acted maliciously, recklessly, intentionally, or fraudulently. Punitive damage awards are meant to punish the defendants. Tennessee caps the amount of punitive damages to the greater of two times the compensatory damages or $500,000. Compensatory damages are the amount you’re entitled to for your medical bills, lost income, property damage, and your pain and suffering.

Do you have questions about your rights if you were involved in an accident? Do you want a lawyer who will guide your through each phase of your case? The Nashville personal injury lawyers at Rocky McElhaney Law Firm are here to help. We fight to obtain the strongest recoveries possible. To speak with a strong advocate, call us at 615-239-5331 or fill out our contact form to schedule a free consultation. We represent clients in Nashville, Hendersonville, and Clarksville.