Legal Glossary

Accident Reconstruction Engineer:

These engineers investigate, evaluate, recreate, and explain what series of events led to an accident, such as an automobile wreck, tractor-trailer collision, fire and burn accident, or defective product case.

Administrative Code:

Rules and regulations passed by a state governmental agency that have the full effect of law.

Administrative Law Judge:

(ALJ) A judge who presides over Social Security Disability hearings. An ALJ has the power to administer oaths, take testimony, rule on questions of evidence, make findings of fact and of law, and make determinations of disability.

Administrator of Estate:

Someone appointed by a court to manage the estate of a deceased person who died without a will or testament.

Affidavit:

A written and sworn statement made in front of a public notary—or authorized administrator.

Agency:

A relationship between two people where one person (the agent) has the legal power to act on behalf of another person (the principal). Agency can occur between an employee and an employer or between anyone who gives legal powers to another to act on his behalf (see also— respondeat superior).

Agent:

A person who legally acts on behalf of another.

Annuity:

Fixed money payments set to be paid in a specified amount of time.

Answer:

A written response by a defendant to the allegations made in a complaint filed by a plaintiff.

Appeal:

A request by one side of a legal case for a higher court to review a lower court’s decision regarding questions of law or fact.

Appellate Court:

A court that reviews a lower court’s decisions regarding questions of law or fact.

Arbitration:

An alternative to trial in court, arbitration is where the parties agree to appoint an individual or panel to make an award or decision based on the evidence presented. Arbitration may either be binding, which means it can’t be appealed, or non-binding, which means it can be appealed. When a group of individuals is chosen to arbitrate a case, they are called a panel, which is usually a group of three.

Arbitration Agreement:

An arbitration agreement states if a dispute arises, the dispute will be resolved by arbitration rather than by a court. Arbitration agreements are common in nursing home, hospital, and medical provider admission agreements. They are also common in other legal agreements, such as banking and credit card agreements.

Arbitrator:

An arbitrator is someone chosen to hear both sides of a dispute and make a decision and is usually a lawyer, retired judge, or other expert specializing in the field that is at issue in the case.

Impairment:

An anatomical, physiological, mental, or psychological loss to a person that results in a loss of function or ability.

Impairment Rating:

The degree of permanent impairment assigned to a person with residual pain or loss of function once the person has reached maximum medical improvement.

Independent Medical Examination:

Independent medical examination (IME) is when a medical doctor who has not previously been involved in a person’s care examines an individual in order to offer opinions to a court regarding cause of injuries, permanent impairment ratings, future expected treatment, or other factors relating to the individual. In North Carolina, independent medical examinations are controlled by Rule 35 of the NC Rules of civil procedure.

Industrial Commission:

The governmental agency in charge of administering the North Carolina Workers’ Compensation Act.

Insurance Claims Adjuster:

An insurance claims adjuster is a person who works for an insurance company that investigates claims, inspects property damage, reviews medical records and bills, and other factors to determine responsibility on behalf of the insurance company. Adjusters usually negotiate the claim on behalf of the insurance company and the people they ensure.

Insured:

A person who purchases an insurance policy or is otherwise covered by it.

Insurer:

A company that sells an insurance policy.

Interrogatories:

Written questions submitted by one party to another party in a lawsuit that require written answers sworn under oath are interrogatories. Interrogatories are part of the discovery process.

Joinder:

The joining of two parties in a single lawsuit.

Judgment:

A final order that concludes a lawsuit or legal claim is a judgment. A judgment typically will set out the final ruling of a judge or jury, as well as the amount of money one party must pay another.

Juror:

A member of the jury.

Jury:

A jury is a group of persons selected in court that are empowered to indict a person for a criminal offense and determine innocence or guilt, or in a civil case, to decide questions of fact and award money damages for someone who was harmed by another. In personal injury cases, either party may ask for a trial by jury, under the North Carolina Constitution. A jury in North Carolina typically consists of 12 people, and verdicts must be unanimous.

Jury Trial:

A jury is a case heard and decided by a jury.

Last Clear Chance:

The last clear chance is a reply pled by a plaintiff in response to a defendant’s allegation of contributory negligence. Under the doctrine of last clear chance, a plaintiff may recover if he is able to show that the defendant had the last clear chance to avoid the accident, but failed to do so.

Lawsuit:

A claim or cause of action instituted against persons or entities in a court of law is a lawsuit. In order to properly commence a lawsuit, a complaint must be filed with the court and the defendant must be served or given a copy of the summons and complaint.

Lay Witness:

A lay witness is a person with knowledge based on his firsthand observation of facts or events. A court will allow a lay witness to testify at trial if the testimony may help determine a fact at question in the trial.

Leading Question:

A question that suggests an answer with which the witness is asked to agree and usually illicit a “yes” or “no” response, leading questions are allowed during cross examination, but typically are not allowed during a direct examination.

Liability:

Responsibility or fault for an incident resulting in injuries and damages to a person or property.

Liability Insurance:

Insurance coverage that protects the insured in the event he or she is sued for claims that fall within the coverage of the insurance policy.

Libel:

Publishing an untrue statement that is considered damaging to a person’s reputation.

Lien:

A right to take, hold, or sell property in order to secure payment of a debt.

Life Care Plan:

A life care plan is created by a medical expert and outlines the future needs for a seriously injured person. Plans typically take into consideration the need for: future medical care, surgeries, therapies, counseling, prescriptions, medical equipment or devices, adaptive equipment, transportation needs, specialized housing, daily attendant or nursing care, education, vocational rehabilitation, etc.

Liquidated Damages:

An amount of money agreed upon by the parties in a contract that must be paid by one or the other in the event that the contract is breached.

Litigation:

Malpractice:

Misconduct in a professional capacity through negligence, carelessness, lack of skill, or malicious intent.

Maximum Medical Improvement:

When a doctor diagnoses that a patient has recovered from his or her injuries as much as possible, the person has reached maximum medical improvement. If the patient’s level of permanent function is less than prior to the injury or illness, then the patient may be entitled to a permanent impairment rating.

Mediation:

A procedure by which an impartial third person, called a mediator, meets with both parties in a dispute and attempts to informally settle the claim is mediation. Personal injury and wrongful death cases filed as lawsuits in North Carolina must go through mandatory mediation. Cases are occasionally mediated prior to the filing of a lawsuit.

Mediator:

An impartial third person in a dispute who works with both parties in a lawsuit in an attempt to reach a settlement or agreement is a mediator. A mediator can’t force the parties to resolve their claim or differences, but instead works to encourage a free exchange of information and open discussions regarding reaching a settlement. In most cases, a mediator is a lawyer, retired judge, or expert in the field of the dispute.

Medicaid:

Medicaid is a joint federal and state program that provides healthcare for people with very limited income and resources. Every state has different rules for who qualifies for Medicaid. In many states, including North Carolina, people who qualify for Supplemental Security Income (SSI) automatically qualify for Medicaid.

Medical Lien:

Medical lien a legal security measure placed on a personal injury or wrongful death case by a healthcare provider to guarantee that any outstanding bills are paid when the case concludes. In North Carolina, medical liens are controlled by N.C. General Statutes 44-49, 49-50, and 44-50.1.

Medical Payment Coverage:

Optional insurance coverage on automobile insurance policies that will pay medical expenses regardless of fault for an insured or anyone in an insured’s automobile is medical payment coverage (MP). In North Carolina, most medical payment coverage has a limit of $1,000, $2,000, $3,000, or $5,000, although some can provide even greater coverage.

Medically Determinable Impairment:

A medical condition severe enough that a person can’t perform even basic work activities; a medically determinable impairment is the basic requirement in order to be eligible for Social Security Disability benefits.

Medicare:

Medicare is a federal program that provides healthcare for those older than the age of 65 or the disabled. People who qualify for Social Security Disability benefits are eligible for Medicare benefits after a wait period.

Mental Suffering:

Any emotional, psychological, or non-physical injury.

Minor:

In North Carolina, a person younger than 18 years of age is legally considered a minor—or legally incompetent.

Minor Settlement:

In North Carolina, when a minor receives money from a personal injury or wrongful death claim, an application must be filed with the court for appointment of a guardian ad litem, approval of the settlement, and disbursement of funds. The purpose of this judicial review is to ensure the proposed settlement is fair to the minor child and all interested parties. Except in very limited circumstances, any money that belongs to the minor child from the settlement will be held by or through the court until the child reaches the age of 18.

Mistrial:

A trial that is terminated before a final verdict is reached is a mistrial. A judge may declare a mistrial because of some extraordinary event, prejudicial error that can’t be corrected, or because a jury can’t reach a unanimous verdict. In personal injury or wrongful death cases, a judge may also declare a mistrial if a jury learns that a defendant has liability insurance, such as automobile insurance.

Mitigate:

To diminish or reduce; an injured party has a duty to mitigate his or her losses by taking reasonable steps to get better.

More Likely Than Not:

This is the legal standard of proof that requires a party to prove it is more likely an event happened than not, or in percentages terms, more than 50 percent likely. In many personal injury or wrongful death cases in North Carolina, a plaintiff must only prove that it is more likely than not his or her injuries were caused by the defendant.

Motion:

A formal written request submitted by a party in a lawsuit for a judge to make a decision or determination on law or fact.

Motion In Limine:

A motion requesting a judge exclude or limit certain evidence or facts not relevant to the trial or that are unfairly prejudicial

Negligence:

Failure to exercise the degree of care considered reasonable under the circumstances, resulting in an unintended injury to another party.

Nominal Damages:

Objection:

A lawyer may use an objection in court to call attention to improper evidence or procedures. Objections also can be used to identify evidence or legal issues that can be taken up on appeal to a higher court. When a lawyer cites an objection in trial, the judge will then determine whether to sustain (agree with) or overrule (disagree with) the objection.

Opening Statement:

An attorney’s first opportunity to tell a judge or jury what the case is about and to forecast the evidence that will be presented at trial.

Party:

A person or entity that takes part in a legal proceeding.

Past Due Benefit:

A benefit that should have been paid, but was not.

Pattern Jury Instructions:

A set of legal rules read to a jury before deliberations that instruct them on the rules of court, what evidence to consider, what law should be followed, and how they are to reach a decision.

Peremptory Challenge:

Refers to a right in jury selection for a party to reject a certain number of potential jurors who appear to have an unfavorable bias without giving reason, additional potential jurors may be challenged by presenting a reason why they might be unable to reach a fair verdict.

Perjury:

The telling of a lie under oath.

Personal Injury Protection:

Personal injury protection (PIP) is automobile insurance coverage available in some states that covers medical expenses, lost wages, and other damages. It is also frequently known as “no-fault” coverage. North Carolina automobile insurance policies do not provide personal injury protection coverage.

Piercing the Corporate Veil:

When a court allows individual owners, shareholders, or directors of a corporation to be held personally responsible for the acts of the corporation.

Plaintiff:

The party who files a lawsuit or claim that goes to court; in the pre-litigation process, the plaintiff is referred to as the claimant (see also—claimant).

Pleading:

A formal written document by a party stating claims, defenses, and/or arguments.

Policy Limits:

The maximum amount of insurance coverage an insurance company will pay in the event of a claim, regardless of the amount of damage done.

Power of Attorney:

A legal document that appoints a person or agency to use your money to pay your bills, make medical decisions, or any other choices necessary for you.

Pre-emption:

The legal principle that states a federal law rules over a conflicting state law.

Preponderance of the Evidence:

Preponderance of the evidence is the legal standard of proof that requires a party to prove it is more likely an event happened than not, or in percentages terms, more than 50 percent likely. In most personal injury or wrongful death cases in North Carolina, a plaintiff must only prove it is more likely than not that his or her injuries were caused by the defendant.

Preservation of Evidence Letter:

A letter sent to a party or person requiring the retention or protection of specific items, documents, videos, evidence, vehicles, equipment, computer files, or anything else that might be potential evidence in a case.

Primary Insured Amount:

The amount of monthly benefits a claimant would be entitled to receive from the Social Security fund, in the event he or she is approved for Social Security Disability benefits.

Principal:

A person who authorizes an agent to act legally on his or her behalf.

Pro-se:

When a party does not retain a lawyer and appears in court unrepresented.

Probate:

An official copy of a will that is legally certified as genuine and given to the executors to follow.

Property Damage:

This is damage to public or private property. In an automobile wreck claim, property damage includes any damage sustained to the vehicle, personal belongings in the vehicle, pets inside the vehicle, and any other objects damaged such as houses, signs, poles, etc.

Property Damage Adjuster:

An insurance claims adjuster who evaluates the circumstances of an automobile wreck and resulting property damage, and makes an offer on behalf of the responsible insurance company and the insured to resolve the property damage claim.

Punitive Damages:

Money awarded by a judge or jury intended to punish the defendant and deter similar future conduct.

Release:

A legal document issued when a claim or lawsuit is settled, which forfeits the right of a plaintiff to make any similar future demands or claims.

Request For Admission:

A request for admission is a set of statements from one party to another in a lawsuit for the purpose of having the opposing party admit or deny the truth of each statement. Requests for admission are part of the discovery process.

Request for Production of Documents:

A legal request in a lawsuit to view or obtain copies of documents, electronically stored information, or other tangible items.

Residual Functional Capacity:

The resulting physical or mental limitations a person has after a significant injury or illness is residual functional capacity. In Social Security Disability cases, treating physicians will often conduct a residual functional capacity evaluation for a claimant and outline any limitations that a claimant has.

Respondeat Superior:

A legal principle that states an employer is responsible for the actions of an employee.

Rules of Evidence:

Court rules that control which testimony, documents, or objects can be submitted for consideration by a judge or a jury, and the weight that any admitted evidence should be given in determining a question of fact.

Service Connected Disability:

A disability condition that has resulted from or was aggravated by an injury or illness while a veteran was serving on active duty in the military.

Service of Process:

The rules regarding how a party is notified of a lawsuit against them.

Settlement:

A final resolution agreement by both parties in a claim.

Slander:

A false verbal statement that harms a person’s reputation.

Social Security Disability:

Social Security Disability (SSD) is a financial aid program designed to help those who are unable to work due to disability. All working Americans contribute to the SSD fund through a mandatory deduction in each paycheck.

Social Security Income:

Social Security Income (SSI) is a federal income supplement program for the aged, blind, and disabled people who have little or no income. The assistance is funded through general tax revenues of the government and pays people based on need. It provides cash to meet basic needs for food, clothing, and shelter.

State Law:

Law passed by a state legislature or governor, which applies to those who live in or do business within that state.

Statute of Limitations:

The period of time in which a legal claim must be made is the statute of limitations. If a claim is brought forth after the statute of limitations deadline, it is barred by law. In most North Carolina personal injury cases, the statute of limitations is three years from the date of injury. In most North Carolina wrongful death cases, the statute of limitations is two years from the date of death. There are exceptions to these general rules.

Statute of Repose:

The time period after the manufacture and purchase of a product within which a plaintiff can make a claim for an injury that results from that product is the statute of repose. As a general rule, for cases occurring after October 1, 2009, in North Carolina, a defective product claim must be filed or resolved within 12 years from the date of sale of a defective product. Defective products that involve real property have a six year statute of repose. In addition, a case is also controlled by a statute of limitations in North Carolina. Both statutes of repose and statutes of limitations apply to products cases. There may be exceptions to this general rule.

Structured Settlement:

A structured settlement is when a plaintiff’s money is paid in a series of payments, rather than as a lump sum. Structured settlements are typically paid through insurance annuity contracts.

Subpoena:

A written command requiring a person to appear at a certain time and place to provide testimony at a deposition or other court proceeding; typically, a subpoena must give the person five days’ notice to be valid in North Carolina.

Subpoena Duces Tecum:

A written command requiring a witness to produce all documentation or tangible evidence he or she possesses or controls that is relevant to matters at issue in the case.

Subrogation:

A claim for reimbursement out of a plaintiff’s settlement proceeds by a health insurer for medical bills he or she paid on behalf of the plaintiff.

Summary Judgment:

A procedure in which one party seeks to persuade the court that there is no genuine controversy regarding the material facts, and therefore, that the party filing the motion is entitled to prevail as a matter of law.

Summons:

Notice to defendants that a lawsuit has been filed, that they have been named as defendants, and that they must respond within 20 days or a default judgment may be taken against them.

Superior Court:

The highest level of trial court in North Carolina that includes civil and criminal divisions is the superior court. Civil superior court handles all matters with more than $10,000 in dispute. Criminal superior court generally handles higher level crimes.

Testimony:

A formal written or verbal statement made by a party or witness under oath in a lawsuit.

Tort:

A wrongful act for which damages can be sought by an injured party.

Total Temporary Disability:

Total temporary disability (TTD) is a term used in workers’ compensation cases that refers to a person’s inability to work for a period of time.

Toxicology:

The study of the nature, effects, and detection of poisons and the treatment of poisoning.

Transcript:

A transcript is a written record of a legal proceeding prepared by a court reporter. After an oral deposition, a court reporter types a written transcript of all of the questions asked and answered.

Treating Physician:

A doctor who provides medical care to a plaintiff.

Tricare:

A federally-funded program that provides healthcare for military personnel and other United States uniformed service members.

Underinsured Motorist Coverage:

Automobile insurance coverage that protects an insured in the event he or she is injured negligently by someone who does not have enough automobile insurance.

Uninsured Motorist Coverage:

Automobile insurance coverage that protects an insured in the event he or she is injured negligently by someone who doesn’t have any automobile insurance.

Upside Down On A Loan:

Owing more on a wrecked car than the vehicle is worth.

Venue:

The proper place where a plaintiff can sue a defendant is the venue. In North Carolina personal injury and wrongful death cases, the plaintiff may sue a defendant in either of the counties in which the parties involved reside.

Vocational Expert:

A professional in the area of vocational rehabilitation who gives opinions on a plaintiff’s ability to perform work, lost earning capacity, and any accommodations at work that might make work feasible for the plaintiff.

Vocational Rehabilitation:

Services and support that may help a person with disabilities obtain employment, go to school, or get a volunteer position such as job counseling, special training, and job search assistance.

Voir Dire:

Voir dire is the process of selecting a jury for a trial. Potential jurors are called and seated in the jury box. The judge and lawyers then ask a series of questions designed to disclose any predispositions or biases that may impact each juror’s judgment. Jurors may be excused from servicing for cause.

Will:

A document that gives specific instruction for the distribution and management of a person’s estate in the event of their death.

Witness:

Someone with knowledge in a case who testifies in court.

Wrongful Death:

A wrongful death claim is a claim against another for negligently causing death. The claim is brought in a civil action by either an administrator or family member.