Wrongful Death Terms

Absolute Liability:  Type of liability that arises from extremely dangerous operations. With absolute liability it is usually not necessary for a claimant to establish that the operation is dangerous.

Allegation:  Something that someone says happened.

Assumption of Risk:  Defense raised in personal injury lawsuits. An Assumption of Risk asserts that the plaintiff knew that a particular activity was dangerous and thus bears all responsibility for any injury (or possibly a death) that resulted.

Have you lost a loved one due to the recklessness or negligence of someone else?  If so, contact one of our wrongful death attorneys in your area today!

BAC:  Blood alcohol content. The amount of alcohol in your bloodstream. The legal limit is .08%. For someone under the age of 21, the legal limit is .02%.

BAL:  Breath alcohol level or blood alcohol level. The amount of alcohol in your bloodstream. The legal limit is .08%. For someone under the age of 21, the legal limit is .02%.

Bodily Injury Liability:  Legal liability that may arise as a result of the injury or death of another person.

Catastrophic Injury:  An injury that is so severe that the injured person is not expected to fully recover. The injured person may require multiple surgeries, long hospital or rehabilitative stays, and full-time nursing or assistive care.

Compensation:  Monetary award transferred from defendant to plaintiff to make up for some wrong, damage or injury caused by the defendant's actions or inaction.

Contributory Negligence:  Prevents a party from recovering for damages if he or she contributed in any way to the injury.

Damages:  Monetary compensation claimed by a person who has suffered a loss or injury to his person, property or rights as a result of the negligence or unlawful conduct of another.

Have you lost a loved one due to the recklessness or negligence of someone else?  If so, contact one of our wrongful death attorneys in your area today!

Defective Product:

  A product that causes injury or death to a person because of a defent in the product (manufacturing defect, design defect, or inadequate warning).

Drunk Driving:  A general reference to those criminal cases that are called DUI, DWI, OUI, OWI, DUII, DWAI, or other acronyms. They generally describe two types of cases: first, where the driver is sufficiently impaired by alcohol, drugs, or a combination of the two that the driver cannot drive safely. Second, "drunk driving" relates to those cases where someone is above that state's legal limit, usually .08, no matter how safely the person is driving.

DUI:  Driving under the influence. Will either refer to driving under the influence of alcohol, driving under the influence of drugs, or driving under the influence of a combination of liquor and drugs.

DUII:  Driving under the influence of an intoxicant. The intoxicant in DUII cases can be either alcohol or other drugs.

Duty to Warn:  Legal obligation to warn people of a danger.

DWI:  Driving while intoxicated, or driving while impaired. Like DUI, DWI can refer to driving while intoxicated or impaired as the result of either drinking alcohol or taking drugs, or both.

Medical Malpractice:  When a person is injured, or if a death is caused, due to the negligence of a health care provider (e.g., doctor or hospital), the injured person (or the family member of the deceased patient) may pursue a medical malpractice claim.

Have you lost a loved one due to the recklessness or negligence of someone else?  If so, contact one of our wrongful death attorneys in your area today!

Misdiagnosis:

  A medical professional's failure to properly identify and diagnose a patient's medical condition. A doctor can be held liable for any damages that result from a misdiagnosis if the medical mistake was a result of negligence.

Prescription Error:  A form of medical malpractice that occurs when a patient does not receive the appropriate medication, at the right dose, at the right time. A prescription error can often cause harm to a patient, and in some cases, can even lead to death. A prescription error is considered medical malpractice when a medical professional's negligence or mistake led to patient harm or death. A wrongful death case can often follow if death occurs.

Punitive Damages:  In rare cases where the court determines that the defendant engaged in particularly reckless behavior, the court may assign to the plaintiff monetary awards over and above compensation.

Wrongful Death:  Death caused by the fault of another.  The death is usually caused by the negligent or intentional act of a wrongdoer.

Have you lost a loved one due to the recklessness or negligence of someone else?  If so, contact one of our wrongful death attorneys in your area today!