Plain definitions of 32 terms we use on the job in East Point.
Term Index
Open any term below for a dedicated definition page.
Accident Reconstruction is the analysis of a crash using physical evidence, vehicle damage, roadway conditions, witness accounts, and other available records. The process helps explain how a collision occurred, where the vehicles moved, and which events may have contributed to the impact. A qualified specialist may present the analysis as expert evidence.
Also called: Crash Reconstruction
Admissible Evidence is information a court allows parties to present because it is relevant, reliable, and obtained in a legally acceptable way. The evidence may include testimony, medical records, photographs, expert opinions, or other documents. A judge may exclude evidence that lacks a proper foundation, contains unfair prejudice, or violates applicable legal rules.
Assumption of Risk is a defense in a personal injury claim based on a person’s knowing and voluntary acceptance of a specific danger. The defense may limit or defeat recovery when evidence shows the person understood the risk and chose to encounter it. Georgia courts examine the facts and the person’s conduct.
A Bad Faith Insurance Claim is a legal claim that an insurer handled a covered loss unfairly or dishonestly, such as by ignoring relevant evidence, delaying a decision without a reasonable basis, or denying benefits contrary to the policy. The claim focuses on the insurer’s conduct, not only on whether the underlying accident caused injury.
Also called: Insurance Bad Faith
Bodily Injury Liability is legal responsibility for physical harm caused to another person, often addressed through an auto insurance coverage that pays eligible injury-related claims up to the policy limit. In a car accident, the claim may involve medical treatment, lost income, or other damages linked to the insured driver’s negligence.
Also called: Bodily Injury Coverage
Causation is the connection between a healthcare provider’s conduct and a patient’s injury or loss. In a medical malpractice claim, causation requires evidence that the provider’s act or omission contributed to the harm. A medical condition alone does not establish causation because the claim must connect the provider’s conduct to the claimed result.
Also called: Cause in Fact
Comparative Negligence is a legal rule that assigns each party a share of responsibility for an injury. A person’s compensation may be reduced when that person’s conduct helped cause the harm. Courts and insurers assess evidence about the accident, the parties’ actions, and the connection between those actions and the claimed losses.
Also called: Comparative Fault
A contingency fee is a legal fee paid from a client’s recovery, usually after a personal injury claim settles or succeeds in court. The fee depends on the case outcome, so the client does not pay the attorney’s fee in the same way as an hourly billing arrangement. The written agreement explains the fee and case expenses.
Also called: Contingent Fee
Dram Shop Laws are laws that may hold an alcohol seller or provider responsible for injuries caused by a customer’s alcohol-related conduct in circumstances defined by applicable law. These laws focus on the provider’s conduct, the customer’s condition or age, and the connection between the alcohol service and the resulting harm.
Also called: Dram Shop Liability
Duty of Care is a legal responsibility to act with reasonable caution toward people who could foreseeably suffer harm. In negligent security claims, the duty may concern property owners, managers, or others responsible for protecting visitors. The required conduct depends on the location, known risks, relationship between the parties, and surrounding circumstances.
Economic Damages are measurable financial losses linked to an injury or death. In a wrongful death claim, they may include medical and funeral expenses, lost income, lost benefits, and the value of services the deceased provided. Records, employment information, bills, and other evidence help show the amount and connection to the loss.
Also called: Special Damages
An Expert Witness is a professional with specialized knowledge who gives an independent opinion to help explain technical issues in a legal dispute. In medical malpractice cases, the witness may address whether care met accepted standards, whether a mistake caused harm, or what treatment and losses followed.
Also called: Expert Testimony
Gross Negligence is conduct showing a serious disregard for the safety of others, beyond ordinary carelessness. In a construction injury claim, the conduct must connect to the harm through evidence about the worksite, decisions, warnings, supervision, or equipment. The legal effect depends on the facts and the applicable law.
Implied Consent is a legal principle that treats a driver’s use of a public roadway as agreement to certain lawful chemical testing procedures after an impaired-driving investigation. The principle can create administrative consequences for refusing a requested test, while test results or refusal evidence may also affect a related injury claim.
Also called: Implied Consent Law
Independent Medical Examination is a medical evaluation requested during a workers’ compensation claim to assess an employee’s injury, diagnosis, treatment, work limits, or connection to employment. A physician who is not providing ongoing treatment conducts the examination and prepares findings for the insurer, employer, employee, or legal decision-maker.
Also called: IME
Loss of Consortium is a civil claim for the harm an injured person’s spouse suffers when the injury disrupts companionship, affection, intimacy, or shared household support. The claim belongs to the spouse who experiences the relationship loss. It is separate from the injured person’s claims for medical expenses, lost income, and physical pain.
Maximum Medical Improvement is the point when a treating medical provider believes an injured worker’s condition has stabilized. Further treatment may still provide relief, but significant healing or lasting change is not expected. In workers’ compensation claims, this assessment can affect temporary disability benefits, permanent impairment issues, and the timing of claim decisions.
Also called: MMI
Medical Payments Coverage is optional auto insurance that helps pay reasonable medical expenses after a covered vehicle accident, regardless of who caused the crash. Coverage may apply to the policyholder, passengers, or other listed people under the policy. Payment usually depends on the policy terms, covered injuries, and available limits.
Also called: MedPay
Medical Records are written or electronic materials that document a person’s healthcare, including symptoms, examinations, diagnoses, treatment, prescriptions, and follow-up care. Providers create these records during medical services. In a malpractice claim, the records may show what care occurred, when it occurred, and how the care relates to the alleged injury.
Also called: Medical Record
Negligence is a failure to use reasonable care under the circumstances, causing harm to another person. In a personal injury claim, the injured person connects the property owner’s conduct to the accident and resulting losses. The analysis considers the duty owed, the conduct that fell below that duty, causation, and damages.
Also called: Negligent Conduct
A Notice of Claim is a formal communication that tells an employer, insurer, or claims administrator about a worker’s job-related injury or illness. In a workers’ compensation matter, the notice identifies the incident and the affected worker so the claim can be reviewed and handled. It may be separate from a filed legal claim.
Also called: Claim Notice
A preexisting condition is a health problem, injury, or symptom that existed before a later accident or event. In a personal injury claim, the condition may affect how the injury developed, how treatment is understood, or how damages are assessed. The accident may worsen the condition without causing the original problem.
Also called: Pre-Existing Condition
Punitive Damages are a separate monetary award meant to punish especially wrongful conduct and deter similar behavior. They differ from compensatory damages, which repay losses such as medical expenses, lost income, and pain. In a drunk driving case, the evidence must connect the defendant’s conduct to the accident and support a punishment beyond ordinary compensation.
Also called: Exemplary Damages
A rear-end collision is a traffic crash in which one vehicle strikes the back of another vehicle. The impact may occur while the front vehicle is stopped, slowing, or moving. These crashes often involve questions about driver attention, following distance, road conditions, vehicle damage, and whether the impact caused reported injuries.
Also called: Rear-End Accident
Settlement Demand is a formal written request for an insurance company or opposing party to pay an injured person a stated amount to resolve a legal claim. The document usually describes fault, injuries, losses, supporting evidence, and proposed settlement terms. It begins settlement negotiations but does not guarantee payment or end the claim.
Also called: Demand Letter
Spoliation of Evidence is the loss, alteration, destruction, or failure to preserve evidence that may relate to a legal dispute. The conduct may be intentional or careless. In a product liability case, relevant evidence can include the product, packaging, instructions, maintenance records, photographs, testing data, or electronic communications.
Also called: Evidence Spoliation
Subrogation is a legal process that allows an insurer or another party that paid a loss to seek repayment from the person or insurer responsible. In a car accident claim, health or auto insurers may assert reimbursement rights against a settlement or judgment. Those rights must be identified and addressed before funds are distributed.
Also called: Subrogation Claim
Temporary Total Disability is a workers’ compensation status for an injured employee who cannot perform any work during recovery. The status may support wage-replacement benefits while authorized medical treatment continues. Eligibility depends on medical evidence, work restrictions, and the rules governing the claim. The condition ends when the employee returns to work or reaches medical improvement.
Also called: TTD
Uninsured Motorist Coverage is insurance protection that may help pay for covered losses after a crash caused by a driver without liability insurance. Policy terms determine whether the protection applies to bodily injury, property damage, or both. The coverage may also address certain hit-and-run crashes when the policy requirements are met.
Also called: UM Coverage
Vicarious Liability is a legal doctrine that can hold one party responsible for harm caused by another party’s actions within an assigned role. In accident claims, the doctrine may connect a driver’s conduct to an employer, vehicle owner, or other responsible entity. The relationship and the driver’s actions determine whether the doctrine applies.
Also called: Imputed Liability
A Witness Statement is a written account of what a person personally saw, heard, or experienced during an event. In a pedestrian accident claim, the account may describe traffic conditions, vehicle movement, visibility, the collision, or what happened immediately afterward. The statement preserves the witness’s observations for insurance discussions or legal proceedings.
Also called: Witness Testimony
Wrongful Death Damages are financial losses and other legally recognized harms that surviving family members may seek after a person dies because of another party’s wrongful act. These damages can address lost financial support, funeral expenses, and the family’s loss of care or companionship. Available damages depend on the facts and governing law.
Also called: Wrongful Death Compensation
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 East Point, 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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