Helpful Injury Terms
Exclusionary Rule: A rule that prevents illegally obtained evidence to be used in any trial. Also, it is a rule that prevents witnesses from watching each other testify or discussing testimony throughout trial.
Fraud: A false and deceptive statement of fact that intends to induce another person to give up a valuable thing or a legal right he or she is entitled to.
Gross Negligence: The intentional failure to perform an evident duty in reckless disregard of the consequences to another person's life or property.
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Habeas Corpus: A court order commanding that a person be brought before a judge. Most commonly, habeas corpus forces law enforcement authorities to produce a prisoner they are holding and to legally justify his or her incarceration.
Indictment: A written accusation by which a grand jury chares a person with a crime.
Jury: People selected by law and sworn to inquire into and declare a verdict on matters of fact.
Larceny: Obtaining property fraudulently or through deceptive ways.
Lawsuit or Suit: Generally, a court action brought by one person (the plaintiff) against another (the defendant) seeking compensation for some injury or rights violation.
Liability: An obligation that one is bound by law to perform; usually involves the payment of money damages.
Medical Malpractice: A claim brought against a health-care professional based on professional negligence in which the health-care professional violates the applicable standard of care, resulting in injury.
Mitigate: To reduce. In legal terms, it refers to the plaintiff’s obligation to reduce their loss or injury through rehabilitation, rest or treatment as recommended by their doctor.
Negligence: Carelessness. More precisely, any conduct below the legal standard of care established for the protection of others against unnecessary risks of harm. In order to succeed in a negligence action, the plaintiff must prove the following:
- that the defendant owed the plaintiff a duty of care;
- that the defendant violated that duty;
- that the defendant's violation caused the plaintiff's injury;
- that the plaintiff indeed suffered injury.
Occupational Disease: An illness resulting from long-term employment in a particular occupation, such as those employees exposed to asbestos, which later develop cancer.
Out-of-Court Settlement: An agreement reached between a plaintiff and a defendant to resolve a lawsuit privately, without a judge's authorization or approval.
Respondent: The party that wins at trial.
Search Warrant: A written order issued by a judge that mandates a law enforcement official to search a specific area for a particular piece of evidence.
Settlement: An agreement between the parties involved in a lawsuit.
Tort: Generally, a wrong or injury committed against a person’s body, property or legal rights (not including breach of contract).
User: In product liability law, a person who uses a product or good.
Void: Having no binding effect or legal validity; null.
Have you or someone you love suffered an injury and seeking a Texas injury attorney for representation? Contact our Texas injury attorney for help with your case today!
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