Acceleration: Rate of change of velocity, either scalar or vector.

Accelerometer: An inertial device for measuring acceleration, usually in three orthogonal axes; accelerometers usually consist of a mass, spring, and damper; accelerometers are usually included in inertial sensors, such as AHRS and INS.

Accuracy: Measure of exactness, possibly expressed in percent.

Acquire: To begin reception of useful data

Advisory: A signal to indicate safe or normal configuration, condition of performance, operation of essential equipment, or to attract attention and impart information for routine action purposes.

Affidavit: A written statement under oath.

Agreement: Mutual assent between two or more parties; normally leads to a contract; may be verbal or written.

Alignment: A basic control to a data source from controls and displays to align a device. Alignment may also be referred to as a procedure to align physical devices, usually navigation sensors, so that they provide the most accurate results possible.

Answer: Pleading filed by the defendant that responds to a complaint, petition, or motion.

Aperiodic: A process that executes based on events rather than a fixed rate, it is not synchronized to other processes of interest.

Appeal: A request to the higher court for review of the lower court’s decision and to request a reversal of the judgment.

Arbitrator: A person who conducts an arbitration.

Assumption of Risk: A doctrine that states if the plaintiff has knowingly accepted the danger of doing something, recovery from the defendant in an action brought for negligence will be barred.

BAC: Blood alcohol content. In most states, alcohol level may be determined by reference to breathe alcohol level as well, without having to convert to blood alcohol level.

Bad Faith: Dishonesty or fraud in a transaction, such as entering into an agreement with no intention of ever living up to its terms or knowingly misrepresenting the quality of something that is being bought or sold.

BAL: Breath alcohol level or blood alcohol level. Today, many states will allow the prosecutor to try to prove the defendant's guilt by direct reference to the breath alcohol level, rather than having to convert the breath alcohol level to blood alcohol level.

Bench Trial: Also called court trial. A trial held before a judge and without a jury.

Bifurcation: Splitting a trial into two parts: a liability phase and a penalty phase. In some cases, a new jury may be impaneled to deliberate for the penalty phase.

Blood Alcohol Content/Level (BAC): The amount of alcohol in your bloodstream. The legal limit is .08% in Massachusetts and most states. For someone under 21, the legal limit is .02%.

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

Bond: A document with which one party promises to pay another within a specified amount of time. Bonds are used for many things, including borrowing money or guaranteeing payment of money.

Breach of Warranty: Takes place when a seller fails to uphold a claim or promise about a product. The law expects companies to stand by their assertions and fulfill any obligations made to customers.

Brief: A written document that outlines a party's legal arguments in a case.

Burden of Proof: The duty of a party in a lawsuit to persuade the judge or the jury that enough facts exist to prove the allegations of the case. Different levels of proof are required depending on the type of case.

Business Liability: The term used to describe the liability coverages provided by the Business owners Liability Coverage Form. It includes liability for bodily injury, death, property damage, personal injury, advertising injury, and fire damage.

Caps on Damages: A damages cap is an arbitrary ceiling on the amount an injured party can receive in compensation by a judge or jury, irrespective of what the evidence presented at a trial proves compensation should be. A cap is usually defined in a statute by a dollar figure or by tying the cap to another type of damages (e.g. two times compensatory damages). Caps usurp the authority of judges and juries, who listen to the evidence in a case, to decide compensation based on each specific fact situation. Several states have declared caps unconstitutional.

Caps on Non-Economic Damages: Non-economic damages compensate injured consumers for intangible but real injuries, like infertility, permanent disability, disfigurement, pain and suffering, loss of a limb or other physical impairment. Caps or limits on non-economic damages have a disproportionate effect on plaintiffs who do not have high wages - like women who work inside the home, children, seniors or the poor, who are thus more likely to receive a greater percentage of their compensation in the form of non-economic damages if they are injured.

Caps on Punitive Damages: Punitive damages, also known as "exemplary damages," are assessed against defendants by judges or juries to punish particularly outrageous, deliberate or harmful misconduct, and to deter the defendant and others from engaging in similar misconduct in the future.

Case Evaluation: One of the most difficult challenges for a private individual handling his or her own personal injury claim is to know what their claim is worth. Most people simply don't feel comfortable in the bargaining process to settle a claim. And even those people who are comfortable with it are at a great disadvantage if they have no real idea where to start bargaining from. Likewise, an attorney who is inexperienced or unfamiliar with personal injury law may not yet have developed the necessary feel for the value of a client's case, and may not yet be familiar with the many resources available to help evaluate a claim. Personal injury attorneys who are well-experienced in resolving personal injury claims will have developed the knowledge of how particular factors will influence the value of a claim. Things such as comparative negligence issues (in which more than one person was at fault for an accident), punitive damages issues (in which the actions of a defendant, such as a drunk driver, were particularly reprehensible), and pre-existing medical conditions of the claimant which may either increase or decrease the value of their claim. Experienced personal injury attorneys will also have access to resources (some at considerable expense), both in book form and on-line, which give them up-to-date details about the claim value of particular types of injuries. An attorney should have an extensive, up-to-date library with medical and legal information that assist substantially in evaluating claims.

Case Law: Also known as common law. The law created by judges when deciding individual disputes or cases.

Case of First Impression: A novel legal question that comes before a court.

Catastrophic Injury: A catastrophic injury is one 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. Some examples of catastrophic injuries include certain types of brain injuries, spinal cord injuries, severe burns, loss of limb, amputation, and paralysis or paraplegia.

Certiorari: Latin that means "to be informed of." Refers to the order a court issues so that it can review the decision and proceedings in a lower court and determine whether there were any irregularities. When such an order is made, it is said that the court has granted certiorari.

Challenge for Cause: Ask that a potential juror be rejected if it is revealed that for some reason he or she is unable or unwilling to set aside preconceptions and pay attention only to the evidence.

Chambers: A judge's office.

Change of Venue: A change in the location of a trial, usually granted to avoid prejudice against one of the parties.

Charge to the Jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.

Charge: The law that the police believe the defendant has broken.

Charging Lien: Entitles a lawyer, who has sued someone on a client's behalf, to be paid from the proceeds of the lawsuit before the client receives their proceeds.

Chief Judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.

Circumstantial Evidence: Indirect evidence that implies something occurred but doesn't directly prove it.

Civil Lawsuit: A lawsuit in which one does not need to prove criminal liability.

Claimant: The claimant in a personal injury case is the person (or persons) injured as a result of the negligence of one or more other parties. If a formal lawsuit is filed, the claimant becomes the plaintiff in the lawsuit and the negligent party becomes the defendant. An insurance claim is the formal beginning of a personal injury case, and is made when the personal injury attorney informs an insurance company (or a self-insured business or government entity) that the injured person will be seeking compensation for damages that were sustained. It is very important when making an insurance claim to know what information must be given to an insurance company, what information need not be given, and what information should never be given. Providing more information than required by law may seriously damage the value of a personal injury claim. Also note that a claimant may be a family member in the case of a wrongful death suit.

Clear and Convincing Evidence: The level of proof sometimes required in a civil case for the plaintiff to prevail. It is more than a preponderance of the evidence but less than beyond a reasonable doubt.

Clerk of the Court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.

Collapse: Literally, to cave in or give way. Term usually used in a case where a building under construction collapses and causes injury or death to those working in the area.

Common Law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.

Comparative Negligence: The degree to which the plaintiff is at fault (if at all) when compared to the fault of the defendant. A jury determines comparative negligence after hearing the facts of the case and the relevant law as instructed by the Judge. Damages may be reduced or apportioned as a result of plaintiff's comparative negligence.

Compensable Claim: A claim for which a person is entitled to receive compensation.

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.

Compensatory Damages: Reimburse the plaintiff for actual dollar value that the plaintiff has lost due to the injury (e.g. medical expenses, lost income, loss of future earning capacity, may also include pain and suffering, etc.). A family member may be entitled to compensatory damages in the event of a wrongful death.

Complaint: The formal start of a lawsuit once filed with the court. A complaint will outline the circumstances (parties, nature of damages, desired relief, etc.) of the incident that form the case.

Comprehensive General Liability: A policy covering a variety of general liability exposures, including Premises and Operations, Completed Operations, Products Liability, and Owners and Contractors Protective. Contractual Liability and Broad Form coverages could be added. In most jurisdictions, the "Comprehensive" General Liability policy has been replaced by the newer "Commercial" General Liability (CGL) forms which include all the standard and optional coverages of the earlier forms.

Comprehensive Personal Liability: This coverage protects individuals and families from liability for nearly all types of accidents caused by them in their personal lives as opposed to business lives. It is most commonly a part of the protection provided by a Homeowners policy.

Conflict of Interest: Refers to a situation when someone, such as a lawyer or public official, has competing professional or personal obligations or personal or financial interests that would make it difficult to fulfill his duties fairly.

Consideration: The price in a contract for the other party's promise. The price may be a promise or an act (e.g. promise of payment). A party can only sue on a promise if he has given consideration in return for the promise. Consideration is often a monetary amount, but does not have to be.

Contempt of Court: An action that interferes with a judge's ability to administer justice or that insults the dignity of the court. Disrespectful comments to the judge or a failure to heed a judge's orders could be considered contempt of court. A person found in contempt of court can face financial sanctions and, in some cases, jail time.

Contingent Fee Agreement: When an injured person, or the family member of a deceased person, hires an attorney to represent them in a lawsuit, they both sign a contingent fee agreement. This is a document which is essentially the employment contract with the attorney that lays out in detail all of the terms of that employment. "Contingent fee" refers to the fact that the attorney is being hired on the basis that they will only receive a fee from the client contingent upon the client receiving money from the person(s) causing their injuries. This means that the personal injury attorney only receives payment from the client when the attorney has secured a settlement, binding arbitration award, or jury verdict for the client. This allows even clients of very modest means to hire the very best attorneys for their cases. A good personal injury attorney will be experienced in all phases of case work, and will be able to properly guide the client's case while it is an insurance claim, and, if necessary, on through the stages of lawsuit, discovery, arbitration, mediation, and/or trial.

Contingent Liability: A liability imposed because of accidents caused by persons other than employees for whose acts an individual, partnership or corporation may be responsible. For example, an insured who hires an independent contractor can in some cases be held liable for his negligence.

Contributory Negligence: Prevents a party from recovering for damages if he or she contributed in any way to the injury. Not all states follow this system.

Counsel: Legal advice; a term used to refer to lawyers in a case.

Counterclaim: A claim that a defendant makes against a plaintiff.

Cross Examination: The process of challenging the evidence presented by a witness, typically a police officer in these cases.

Damages: Damages are awarded in various categories. Compensatory damages compensate the plaintiff for actual dollar-value losses (e.g., medical expenses, both past and future), lost income, loss of future earning capacity, etc. General damages, which are also a form of compensatory damages, cover more intangible losses, such as pain, suffering, humiliation, the loss of enjoyment of life as well as grief suffered from the loss of a loved one. Punitive damages (which are rare) serve to punish a defendant for extreme behavior and which serve to deter others from similar conduct.

Decision: The judgment rendered by a court after a consideration of the facts and legal issues before it.

Defective Product: A "defective product" is one that causes injury to a person because of some defect in the product (e.g., manufacturing defect, design defect, or inadequate warning). Product liability litigation and claims are usually more complicated than ordinary cases because of the necessity of securing experts in the field from which the product was manufactured. These experts can show alternative designs, and can demonstrate that the manufacturer could have prevented the injury, or death, by making modifications, installing safety guards, or having designed a completely different product.

Deposition: A deposition is a form of discovery in which a plaintiff, a defendant, a witness, or an expert witness with relevant information about a lawsuit is formally questioned under oath by the attorneys representing all parties in the lawsuit. The deposition is similar to the giving of oral testimony in a trial, but takes place under less formal circumstances and in advance of a trial. The deposition is typically before a court reporter and the witness is subjected to examination by attorneys for all parties.

Defendant: A person who is sued or accused in a court of law.

Design Defect: In these cases, a poor design causes injury to the person. The injured person must prove that the manufacturer acted unreasonably in designing the product, that this conduct proximately caused the injury, and one of the following: the design of the product was so unreasonable that a reasonable person, aware of the facts, would not use or consume a product of this design; or the manufacturer unreasonably failed to adopt a safer, practical, feasible and otherwise reasonable design and that the better design would have prevented or substantially reduced the risk of harm without substantially impairing the usefulness, practicality or desirability of the product.

Direct Evidence: Evidence that stands on its own to prove an alleged fact.

Direct Examination: The initial questioning of a witness by the party that called the witness.

Directed Verdict: A judge's order to a jury to return a specified verdict, usually because one of the parties failed to prove its case.

Disbursements: Expenditures of money. When lawyers charge clients for disbursements, they seek to recover costs for expenses such as photocopying, long-distance phone charges, etc.

Discovery: The use of depositions, interrogatories, requests for production of documents, requests for admissions, and demands for independent medical examinations, and other procedures to discover relevant evidence possessed by the other parties or by independent witnesses.

Dismissal with Prejudice: An order to dismiss a case in which the court bars the plaintiff from suing again on the same cause of action.

Dismissal without Prejudice: An order to dismiss a case in which the court preserves the plaintiff's right to sue again on the same cause of action.

Dismissal: The judge may dismiss your case at motion hearing if there is evidence that your rights were violated during the stop of the vehicle, or a host of other reasons, if the evidence against you is weak. The judge can dismiss a case with prejudice, which means the DA can't re-file the case against you, or without prejudice, which means the DA can chose to re-file and try again to convict you.

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. This is the most widely used acronym for drunken driving cases. The standard for what it means to be under the influence will vary from state to state. It is important to contact a lawyer in your area that knows DUI law if you have been accused of DUI or a related drunk driving offense.

DUII: Driving under the influence of an intoxicant. The intoxicant in DUII cases can be either alcohol or other drugs. There is no difference between a charge of DUII and DUI. A DUII charge is no more or less serious than that of DUI. However, Oregon, the state that refers to drunk driving as DUII, does have a pre-trial diversion program that many other states do not offer. Before you get involved in any diversion program, please talk to a DUI defense lawyer, as there are pros and cons to these types of programs.

Duty to Warn: The legal obligation to warn people of a danger. Typically, manufacturers of hazardous products have a duty to warn customers of a product's potential dangers and to advise users of any precautions they should take.

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. This is the second most widely used acronym for drunken driving cases. Like DUI, the question of how to define being intoxicated or impaired is at the heart of a drunken driving case in jurisdictions that use DWI. It is critical to consult with a DWI lawyer in your area that understands these sophisticated issues.

Enhancements: Those factors that can operate to increase the punishment in a drunk driving, DUI, DWI, OUI, OWI, or related driving under the influence case. These enhancements may include driving above a certain speed while DUI, having minors in the car while drunk driving, having a BAC above a certain level (.20, for example), refusing to take a chemical test after being arrested for DUI, being involved in a traffic accident while DUI or DWI, or having prior convictions for DUI, DWI, or a related drunk driving offense.

Exculpatory Evidence: Evidence that the District Attorney may possess that could establish your innocence.

Expert Witnesses: Expert witnesses are individuals trained in some particular specialty, such as medicine, engineering, accident reconstruction, or economics. By virtue of this training they are qualified to render "expert opinions" or "expert testimony" regarding the facts of a case. Some expert witnesses may have had direct involvement in the personal injury case prior to the beginning of a lawsuit, such as a treating physician (who directly provided medical care to an injured person) or a police officer at a traffic accident scene who has been trained in accident reconstruction (although very few officers actually have more than minimal training in this specialty). Most expert witnesses, however, are hired by one side or the other in a personal injury case for the purpose of analyzing complex information that falls within their area of expertise. Expert witnesses may be vital to a personal injury case's successful conclusion, especially in cases where the facts are highly disputed or particularly complicated. As personal injury attorneys gain experience in their specialty, they will become more and more familiar with whom the most qualified and respected expert witnesses are.

Failure to Diagnose: A form of medical malpractice committed on behalf of a medical doctor. Florida failure to diagnose has the potential to cause serious damage and even death to patients who do not receive prompt and adequate medical care as needed because of medical malpractice.

Field Sobriety Test (FST): Any number of tests used by law enforcement officers, usually on the roadside, to determine whether a driver is impaired. Most FSTs test balance, coordination and the ability of the driver to divide his or her attention among several tasks as once. Other tests, such as the horizontal gaze nystagmus test, are used to measure a subject's impairment level.

Foreseeability: A key issue in determining a person's liability. If a defendant could not reasonably have foreseen that someone might be hurt by his or her actions, then there may be no liability.

Hold Harmless Agreement: A contractual arrangement whereby one party assumes the liability inherent in a situation, thereby relieving the other party of responsibility.

Hospital Malpractice: Occurs when a patient suffers damages as a result of a medical professional's failure to follow the standards of care set forth for his/her medical field. Hospital malpractice can be the result of an intentional act or negligence which causes injury, or even death, to a patient. Hospital malpractice is often the result of a heath care provider failing to prevent injury, illness, or death to a patient as a similarly situated medical professional would have done.

Impairment or Intoxication: Those states that refer to Driving While Intoxicated (DWI) or Driving While Impaired (DWI) usually have definitions that are similar to being under the influence.

Implied Warranty of Merchantability: Warranty that guarantees that goods purchased by consumers are reasonably fit for their ordinary purpose.

Inadequate Warning: These cases refer to injuries, or even death, caused as a result of a product which was sold without a proper warning to the consumer.  An injured person must prove that the manufacture acted unreasonably in failing to provide such a warning, that the failure to provide such warning proximately caused the injury, and also one of the following: when the product without an adequate warning left control of the manufacturer, it created an unreasonably dangerous condition that the manufacturer knew, or should have known, posed a substantial risk of harm; or after the product left the manufacturer’s control, the manufacturer became aware of or should have known that the product posed a substantial risk of harm to a reasonably foreseeable user and failed to take reasonable steps to give adequate warning. In wrongful death cases, a family member could attempt to provide this information/ evidence on behalf of the deceased person.

Injury: Detrimental changes to a victim's physical, mental or emotional state for which the victim should be entitled to reasonable compensation.

Investigator: Often, a lawsuit will require more extensive investigation. An experienced law firm can properly provide a private investigator for collection of additional evidence, such as witness statements, photographs of an accident site, or background research and/or location of potential defendants.

Insurance Defense Attorney: When the negligent parties in a personal injury claim become the defendants in a lawsuit and the formal complaint is served upon them, their insurance company will secure the services of a defense attorney to represent their interests. The defense attorney is legally representing the defendant, but is actually being paid by the insurance company. This can occasionally produce conflicts of interest which an experienced personal injury attorney can make use of to his client's benefit.

Joint and Several Liability Limits: The doctrine of joint and several liability is a fairness rule, developed over centuries to protect injured consumers. It applies when more than one defendant is found fully or substantially responsible for causing an injury or even death to a consumer. For example, if one wrongdoer is insolvent or cannot pay their share, the other fully-responsible wrongdoers must pay the bill, to make sure the innocent victim is fully compensated.

Joint Liability: Liability which rests upon more than one person.

Jurisdiction: A legal area, such as a province or state.

Lawsuit: A lawsuit is a formal legal action made by the injured party (the plaintiff) against another accused negligent person or corporation (the defendant) in which recovery is sought for damages suffered by the plaintiff. The lawsuit is formally initiated with the filing of a complaint in the proper court of law.

Liability: Just stating that someone caused an injury or death isn't enough. It has to be proven, and it has to meet the legal requirements to establish liability. This legal conclusion, that someone is formally responsible for injuries, or death, suffered by another, is far more complicated than just reading a traffic collision report to see whom a police officer has concluded was the cause of an accident, for example. It may be necessary to establish liability for many different people, corporations, or government entities involved directly or indirectly in an incident. For example, it might involve proof that one negligent person was driving a vehicle and was responsible for causing the death of another, proof that a second person owned the vehicle and gave the first person permission to use it, proof that a third person or corporation employed the driver and that the driver was in the "course and scope" of his employment, and so on. Establishing liability for injuries is every bit as important as establishing the value of the damages that the injured person has suffered. An experienced attorney will carefully review all the facts of an incident and apply the law to those facts in order to prove the liability of all responsible parties.

Litigation: The process of carrying on a lawsuit.

Mediation: Mediation is a form of alternative dispute resolution, similar in many ways to arbitration in that the parties to a personal injury case come together before a neutral referee (the mediator) in an effort to resolve their dispute. Unlike arbitrations, however, mediations are entirely at the discretion of the parties, so the event can be as formal or informal as desired. And unlike arbitrators, mediators are not expected to render a decision in favor of either of the parties. Rather, the mediator's place is to aid the opponents in negotiating with one another and coming to a mutually agreeable resolution for their dispute. Mediation can take place at any time in the case. Many courts are now strongly recommending the use of mediations before a lawsuit may be brought to trial. It is critical to be properly prepared for mediation because it is a prime opportunity for settlement of a lawsuit without the expense of a court trial. It is also extremely important to know what information should or should not be provided to an opponent at the time of mediation.

Medical Incident: Any act, error or omission during the providing of professional services.

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. This type of claim has many additional rules and requirements that are not common to other types of serious injury claims. Many attorneys are not experienced in this field of litigation.

Medical Practitioner: A person entitled to practice medicine.

Medical Records: In a lawsuit, insurance claim, or wrongful death case, the injured person's medical records are typically the single most important piece of documentary evidence. These records, showing the treating physicians' diagnoses, prognoses, and treatments will establish what specific injuries have been sustained, will show what the long-term expectations are either for recovery from the injuries or for permanent disability, and will specify the types and costs of medical treatment that has been and will be received. It is critically important to know which of an injured person's medical records an opposing insurance company or party to a lawsuit is entitled to receive and which other records are irrelevant and protected by the patient-physician privilege. An insurance adjustor will usually seek to have the injured person sign a "medical records release" as soon as possible so that the insurance company can go on a "fishing expedition" through the injured person's records to see what they might turn up in the way of potentially embarrassing (and often irrelevant) information. For this reason especially, it is important to consult with a personal injury attorney as soon as possible to determine what type of record release is or is not proper. Similarly, once a case is in litigation, a defense attorney will attempt to subpoena the medical records of every one of the plaintiff's physicians. Again, it is important that the personal injury attorney carefully guard his client's privacy by limiting these subpoenas to only those records that are relevant.

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. Medical negligence (a subtype of medical malpractice) is defined as a medical professional's failure to exact the degree of care, skill, and prudence that a reasonable medical professional would in a similar situation.

Misrepresentation: False advertising, especially when ads claim that a product is safer than it truly is.

Motion to Suppress Hearing: A court appearance where papers are filed and evidence is argued that all evidence against you should be thrown out because your constitutional rights were violated.

Motion: Asking the court to do something. These motions may include discovery motions (i.e. forcing the prosecutor to turn over evidence), motions to suppress evidence, motions to dismiss the case, and many others.

Negligence: Negligence generally means that a person's conduct falls below a legally recognized standard of taking reasonable care under the circumstances. It may develop from carelessness or thoughtless conduct, or a failure to act when a reasonable person under the same circumstances would have so acted. Negligence is the basis for liability in the majority of serious injury, or wrongful death lawsuits. The essential elements of actionable negligence are the existence of a duty in the face of a foreseeable danger owing to the injured party, a breach of that duty, injuries proximately resulting from that breach and damages.

Notice of Claim: Notification to an insurance company that an injury has been sustained and that the injured is filing a claim in which he or she is requesting monetary recovery for damages from the injury.

Notice of Defective Condition: Notification to a manufacturer or other entity responsible for putting a product into the stream of commerce that an injury has been sustained because of a defect in its product for which the injured is requesting monetary recovery for damages from the injury.

Net Wage Loss: Typically, gross income lost, minus liability for taxes and Employment Insurance premiums. For example, a gross income of $60,000 per year, reduced by taxes of $20,000 and E.I. premiums of $1,000, would produce a net income of $39,000. Therefore, in this example, someone not able to work for a year would have suffered a $39,000 net wage loss.

Not Guilty: The verdict you hope to hear in your DUI, DWI, or drunken driving case after being represented by one of our well-qualified DUI defense lawyers.

Per Se Laws: Laws that declare it illegal to drive a vehicle above a certain alcohol level, as measured by a blood or breathe test. In most states, the per se limit is .08% or greater. Violating the per se law has nothing to do with one's ability to drive a car safely; it is based solely on body chemistry. The only question is whether the driver was above the legal limit at the time of driving. The alcohol level at the time of testing may be higher, lower, or the same, when compared to the time of driving.

Personal Injury Attorney: A professional personal injury attorney (sometimes referred to as a PI attorney) is dedicated to representing clients who have suffered physical and emotional injuries resulting from the negligence (or intentional actions) of other people and/or corporations. Often times, these attorneys will be hired by a family member of a deceased person who was killed in a car accident, died while getting surgery, etc. A personal injury attorney is hired by an injured person when both the injured person and the attorney have signed a Contingent Fee Agreement, which states the conditions of the attorney's employment by and representation of the client. In most cases, the personal injury attorney only receives payment from the client when the attorney has secured a settlement, binding arbitration award, or jury verdict for the client. This allows even clients of very modest means to hire the very best attorneys for their cases. A good personal injury attorney will be experienced in all phases of case work, and will be able to properly guide the client's case while it is an insurance claim, and, if necessary, on through the stages of lawsuit, discovery, arbitration, mediation, and/or trial.

Physician-Patient Privilege: The records that a physician has regarding his or her patients, as well as any communications between the doctor and patient have a special degree of confidentiality under the law referred to as the "patient-physician privilege." When an injured person files a personal injury lawsuit with a court to recover for their damages, the injured person waives this confidentiality, but only to a certain specific degree. Only medical records relating legally to the injuries they have suffered can be released. An experienced personal injury attorney will carefully guard his client's medical confidentiality for all medical matters not relating to the lawsuit. This is very important, because insurance adjustors and defense attorneys will often seek access to all of an injured person's medical histories; an inattentive person handling his or her own claim may inadvertently give access to more of their medical records than is necessary.

Plaintiffs and Defendants: When a lawsuit is filed with a court, it will name the people, corporations, business organizations, and government entities involved in the case. The individual who has suffered injury and is seeking recovery for damages by filing the lawsuit is referred to as the "plaintiff." Plaintiffs would be family members in the event a death occurred from the applicable injury. If recovery is sought, prior to the lawsuit, by way of an insurance claim, the individual is referred to as a "claimant." The person (or persons) who are alleged to have caused the injury is named in the lawsuit as "defendants." For example, in an automobile accident case, the defendants may include parties such as the negligent operator of a motor vehicle, the owner of the vehicle, the driver's employer (if the driver was on-the-job), a public entity that may have had responsibility for an improperly designed roadway or malfunctioning traffic signal, and so on. It is very important not to overlook any possible defendants, because if they are not brought into a lawsuit in a timely manner, the injured person's right to recover from them may be forever lost.

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.

Pretrial Conference: The first court appearance after an arraignment. It is a meeting with the DA, where they usually make a plea offer if you agree to plead guilty, and other procedural issues are dealt with, such as court date scheduling and discovery issues. In some courts, there is a separate and distinct date for a "pre-trial hearing", where these procedural issues are divided up.

Probation: A common element of a penalty for certain first offenses. A person on probation may be subject to a one-year unsupervised probation, where they would have to send their probation officer a postcard form once a month.

Product Liability: A generic term used to describe the onus on a producer or others to make restitution for loss related to personal injury, property damage or other harm caused by a product or service. Products liability refers to the legal liability of manufacturers and sellers to compensate purchasers for damages, injuries, or death caused by defects in the products purchased.

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

Reasonable Doubt: The definition varies from state to state. Before someone may be found guilty, the jury (or judge) must be convinced in the defendant's guilt beyond a reasonable doubt. It represents the highest legal standard in our country; it generally requires an abiding conviction in the truth of each and every element of the charges.

Rising Alcohol Defense: This defense is based on the idea that alcohol levels change over time, as the body absorbs alcohol, reaches a peak level, and then eliminates alcohol. Breath or blood testing is done after driving; these test results tell us what the alcohol level is at the time of testing, not at the time of driving. The rising alcohol defense is simply that at the time of driving the alcohol level was below the legal limit, even if it continued to rise until the time of testing.

Settlement Demand: The "settlement demand" is often the most important document prepared in a personal injury claim. If the case settles before a lawsuit is filed, it is usually as the result of a settlement demand that the attorney has prepared and delivered to the opposing insurance adjustor. And even if the case does not resolve after a settlement demand is prepared, the demand can often set the tone for continuing attempts at settlement as case goes forward into litigation. When an attorney prepares a settlement demand, they must carefully analyze all factors that relate to liability (how and why the other parties are responsible for the injuries or death that occurred) and damages, including the actual injuries that were suffered, past and future medical expenses, past and future wage loss, and general damages (often referred to as "pain and suffering"). There are a great many factors that can affect the value of a claim, and all of these must be carefully weighed in order to present a settlement demand that is high enough to achieve a full-value settlement for the client, but not so ridiculously high that the insurance adjustor dismisses it out of hand. Many people who attempt to resolve their own claims without knowing what the claim is worth will either present a demand that is either too low to get them what they deserve or too high to be taken seriously.

Settlement: A "settlement" refers to the resolution of a claim or lawsuit at any stage, prior to a jury verdict or a binding arbitration award. This simply means that the involved parties have decided to "settle" their dispute at some agreed upon value. This is done entirely at the discretion of the people involved. However, once a settlement agreement is entered into, it becomes binding upon the parties. An experienced attorney will always have two goals for settling a client's case: to do so efficiently (at the least cost to the client) and at a full and fair value.

Statute of Limitations: A statute of limitations is an established legal deadline that requires a person who has suffered a serious injury to file a lawsuit within a certain time after the date of injury or lose forever his or her rights to sue for compensation.

Strict Liability: In the past, "buyers beware" was the prevailing legal notion. Current law, however, imposes strict liability on corporations or individuals who make defective products. Strict liability makes everyone involved in the making of consumer products potentially accountable for any resultant personal injury. It assumes that manufacturers and sellers must reasonably try to protect consumers , whether they do so by providing warnings when potential hazards accompany specific products or by ensuring that defective or malfunctioning parts are not used in their wares. Failure to do so can result in their being slapped with a product liability lawsuit.

Subpoena Duces Tecum: If there are records which will help your defense such as medical records indicating back or leg problems that affected your ability to perform field sobriety tests, I will subpoena those records from your doctors so that they are part of the court record.

Surcharge: An extra charge added to the base price of something.

Suspended License: Your license will be suspended license after a drunk driving/ DUI / OUI arrest. You license is suspended for 180 days after a first offense arrest if you refuse to take a breath test, or 45 days if you take a breath test and fail (register over a .08 BAC). Higher license suspension penalties are applied if you are under 21.

Terminal Illness: A medical condition which is expected to result in a person's death within six (6) months; no recovery expected.

Tort: Any action or inaction that wrongs, damages, or injures another, and thus forms the basis of a civil lawsuit.

Trial: Many cases do not settle out of court. For whatever reason, the opposing sides just don't see eye-to-eye on important issues of liability and/or damages. Typically, the case has already gone through the filing of a lawsuit, discovery, settlement demand stage, arbitration and/or mediation, and is now ready for the formal conclusion of the court process, which is a trial and a jury verdict. There is no stage in the entire process of resolving a personal injury claim in which an individual claimant or an inexperienced attorney will be more vulnerable than at trial. The attorney must be completely familiar with both the statewide rules and the rules of the local court that may apply to trial scheduling, jury selection, introduction of evidence, questioning of witnesses, requests for jury instructions, and so on.

Under the Influence: The precise definition used in court will vary from state to state; however, it will relate to the inability of the driver to operate a motor vehicle with the same caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. It is not necessary for someone to have an alcohol level that is above the legal limit to be under the influence. However, most states do allow a jury to infer or presume that if someone is above the legal limit at the time the test was taken, and if the test was given close in time to the time of driving (within two or three hours), that the driver is under the influence. The manner in which the vehicle is driven is relevant, but not usually determinative in and of itself.

Vicarious Liability: When one person is liable for the negligent actions of another person, even though the first person was not directly responsible for the injury.

Voir Dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."

Wrongful Death: When a person dies due to the negligence of someone else, a "wrongful death claim" results. The rules for wrongful death insurance claims and wrongful death lawsuits are generally the same as for claims and lawsuits resulting from non-fatal injuries. However there are at least two important factors which are different: (1) if the deceased did not die immediately, then compensation for certain damages sustained by the deceased may be pursued by their estate. (2)It must be determined which of the deceased person's surviving relatives are entitled to receive compensation by way of a wrongful death claim or lawsuit.