Personal Injury Non-Auto PDF

Vocabulary Words: Defination: Catastrophic Injury Severe injuries that may lead to permanent disability, such as brain or spinal damage. Claim...

Vocabulary Words: Defination: Catastrophic Injury Severe injuries that may lead to permanent disability, such as brain or spinal damage. Claim A demand for compensation due to injury or loss. Claimant A person filing for damages to their property. An insurance contract designed to protect businesses and their assets from financial losses due to various risks and liabilities associated with operating a business. Commerical Policy Examples: Walmart, Target, Amazon, Fedex, etc. - Commerical policies typically have high policy limits 500k+. Damages Monetary compensation sought by the plaintiff for losses. Defendant (At Fault Party) The person or party being sued or accused. A situation where one party or their insurance company explicitly refuses to accept responsibility for an incident, accident, injury, or damage. This denial means they do not believe they are at fault or legally obligated to cover any claims or compensation related to the incident. Denied liability can lead to disputes, delays in settlement, and often Denied Liability requires the claimant to provide additional evidence or pursue legal action to challenge the denial. When there is disagreement over who is responsible or at fault for causing an accident, injury, or damage. In cases of disputed liability, the involved parties (often through their insurance companies or legal representatives) cannot agree on who should be held accountable or to what extent each party contributed to the incident. This can delay Disputed Liability settlements or claims and may lead to further investigation or litigation to determine fault. Refers to an incident in which a dog’s teeth puncture, scratch, or cause harm to a person or another animal. Dog bites can range from minor scratches to severe injuries, and they often lead to medical treatment, infection risk, and potential legal or insurance claims. In legal and personal injury contexts, dog bites can create liability issues for the dog’s owner, especially if the bite occurred due to the owner's negligence or failure to control the dog. In states like California, dog owners are strictly liable for injuries Dog Bite Case **Refer to strict liability** caused by their dog biting someone, regardless of the dog’s prior behavior or the owner's knowledge of potential aggression. Economic Damages Economic Damages The process of proving that one party (the defendant) is legally responsible for causing harm, injury, or damages to another party (the plaintiff). In personal injury cases and Establishing Liability other civil disputes, establishing liability is essential for determining who is at fault and should therefore compensate the injured party for their losses. A type of insurance that provides additional coverage beyond the limits of an underlying primary insurance policy. It acts as a secondary layer of protection that kicks in only after the primary policy’s limits have been exhausted. Excess policies are designed to increase the total available coverage for significant claims, helping protect policyholders from large losses and financial liability. Excess policies strictly provide higher limits without expanding coverage types. Typically to qualify for an Excess Policy umbrella policy, the auto limits need to be at least 100/300-250/500. A formal request for compensation submitted to a government entity or agency for damages, injuries, or losses caused by the government’s actions or negligence. This type of claim is often necessary when the responsible party is a government agency, such as for accidents involving government vehicles, unsafe public properties, or alleged Government Claim misconduct by government employees. Any organization, agency, or department that operates as part of the federal, state, or local government. Government entities are responsible for carrying out public functions and services, such as law enforcement, education, public health, infrastructure, and regulatory oversight. Government immunity aims to allow officials and entities to perform their duties without fear of constant litigation. However, partial waivers and exceptions are in place to ensure that individuals have avenues to seek justice when Government Entity (Federal, State, Local) harmed by the government’s actions, especially in cases of negligence or misconduct. A legal doctrine that protects government entities and their employees from being sued for performing official duties, except in certain circumstances where the government Government Immunity has waived immunity. This immunity originates from the idea that the government cannot be sued without its consent. A type of insurance coverage that protects homeowners against financial losses related to their property and personal liability. A Homeowner’s Policy can apply to personal injury in several ways, primarily through its liability coverage and medical payments coverage. These components protect homeowners from financial responsibility if someone is injured on their property and may also cover minor medical expenses for guests injured on the premises. Examples: Slip and fall, trip and fall, dog bite, and Homeowner's Policy other injuries. Refers to insufficient or substandard security measures that fail to protect people and property from potential harm, theft, or criminal activity on a premises. In legal contexts, inadequate security may form the basis for premises liability claims, where a property owner or manager can be held responsible if someone is injured or experiences a Inadequate Security crime due to a lack of appropriate security measures. A document that records details of incidents, observations, or conditions on a specific property or premises. This type of report is often prepared after an accident, safety inspection, or maintenance issue on the property. The report serves as an official record that can be used by property owners, managers, insurers, and legal entities to Incident Report (Premise) assess and address safety, liability, or operational concerns on the premises. Liability (Why a person is at fault) Legal responsibility for one’s actions or omissions. A professional who has obtained the necessary state or local government certification or license to legally perform construction, remodeling, repair, or other types of building work. The license verifies that the contractor has met certain standards and qualifications, such as relevant training, experience, and knowledge of building codes and Licensed Contractor safety regulations, and is authorized to operate within specific types of work or project sizes. Maintenance Records (Show upkeep) Maintenance records are comprehensive logs that document all maintenance activities performed on the property, including repairs, inspections, and upkeep of facilities and equipment. Negligence Failure to take reasonable care to avoid causing injury or loss. The property owner or occupier had no knowledge of the hazardous condition—can significantly affect the outcome, often making it more difficult for the injured party (plaintiff) to prove liability. The plaintiff must generally demonstrate that the property owner had actual or constructive notice of the dangerous condition to hold them No Notice **See slip test for more information** responsible. Refers to the failure of a property or specific components within it (such as stairs, electrical systems, structural elements, etc.) to meet the minimum standards set forth in local, state, or national building codes. Building codes are regulations designed to ensure the safety, health, and accessibility of buildings. When a building or part of a Non-Compliance with Buidling Codes building does not comply with these codes, it can create hazardous conditions, expose property owners to liability, and potentially result in fines or other penalties. Objective Fact-based that is uninfluenced by personal feelings, opinions, or interpretations. Refers to an insurance policy without a predetermined or fixed payout limit for claims related to personal injury. Instead, the payout is based on the actual damages incurred by the injured party, which can include medical expenses, lost wages, pain and suffering, and other compensable losses. Open Policy  Vocabulary Words: Defination: Pain and Suffering Physical and emotional distress caused by an injury. An individual, organization, or entity directly involved in a legal proceeding, contract, or insurance claim. Each party has specific rights, responsibilities, and a vested interest Party in the outcome of the case or agreement. Personal Injury Harm caused to a person’s body, mind, or emotions. Plaintiff (Our Client) The person bringing a lawsuit against another party. Policy Limits/Coverage Limit (AKA "Limits") The maximum amount an insurer will pay for a covered loss. a safety risk created by inadequate or insufficient lighting in an area, which can lead to accidents, injuries, or unsafe conditions. Poor lighting can cause difficulty in seeing obstacles, navigating spaces, and identifying potential hazards, making it a common concern in premises liability cases, especially if an injury occurs in an area where Poor Lighting Hazard adequate lighting could have prevented it. A legal concept in personal injury law that holds property owners and occupiers responsible for accidents and injuries that occur on their property due to unsafe or hazardous conditions. This type of liability arises when someone is injured as a result of the property owner’s or occupier’s negligence in maintaining, repairing, or warning about potential dangers on their premises. Premises liability applies to both residential and commercial properties, covering a wide range of hazards, from wet floors and Premise Liability broken stairs to inadequate security. A legal concept that holds manufacturers, distributors, retailers, or other parties in the supply chain responsible for injuries or damages caused by defective or unsafe products. Under product liability law, anyone involved in making or selling a product that reaches consumers can be held liable if that product is found to be defective and causes harm. This area of law is intended to protect consumers by ensuring that products are safe and that responsible parties are held accountable when unsafe products Product Liability lead to injury. The operation, control, and oversight of real estate on behalf of an owner. Property management involves managing various types of properties, including residential, commercial, and industrial properties, to ensure they are well-maintained, comply with regulations, and generate income. Property managers are responsible for day-to-day Property Management tasks that maintain the property's value, ensure tenant satisfaction, and maximize return on investment for the property owner. Renter's Policy A type of insurance coverage designed to protect individuals who rent their home, apartment, or other residential space. Refers to a safety risk caused by improperly constructed or uneven stair dimensions, specifically related to the rise (vertical height of each step) and run (horizontal depth of each step). Incorrect stair rise and run can lead to tripping, missteps, or falls, especially if the steps are inconsistent in height or depth, which disrupts a person's natural Rise over Run Hazard (Stairs) rhythm while ascending or descending the stairs. An online tool or database provided by the Secretary of State's office in each U.S. state that allows the public to search for information about businesses registered within that state. This search tool provides access to essential business details, including registration status, ownership, and other public records associated with the entity. It is Secretary of State Business Search used frequently by entrepreneurs, legal professionals, and the general public to verify business information for compliance, due diligence, and other purposes. Settlement An agreement between parties to resolve the case without going to trial. a detailed examination of a specific location by a professional with specialized knowledge or expertise, usually in fields such as engineering, construction, environmental science, or accident reconstruction. The purpose of an expert site inspection is to gather information, document conditions, and provide insights that can be used to Site Inspection (Expert) understand an incident, determine liability, ensure safety compliance, or assess property conditions. A type of personal injury accident where a person loses their footing and falls due to a slippery or hazardous surface. Slip and fall incidents often occur on public or private property, such as stores, sidewalks, or workplaces, and can result in injuries ranging from minor bruises to serious fractures or head trauma. These cases can lead to legal Slip and Fall claims if the property owner or manager is found negligent in maintaining safe conditions. A procedure used to measure the slip resistance of a surface, typically floors or walkways, to determine how likely a person is to slip or lose traction while walking on it. The slip test measures the COF, which is a numerical value representing the amount of friction between a surface and an object moving across it. A higher COF means greater slip resistance, while a lower COF indicates a higher risk of slipping. Higher COF numbers mean more slip resistance and less risk of slipping, with 0.60 or higher Slip Test (AKA COF - Coefficient of Friction) generally considered safe for wet areas and lower numbers indicating a higher potential for accidents, especially in slick conditions. Low COF (below 0.40): Surfaces with a COF below 0.40 are generally considered slippery and pose a higher risk of slip and fall accidents. Example: Polished tile in a wet condition may have a COF below 0.40, making it risky in high-traffic or wet areas. Moderate COF (0.40 - 0.60): COF values in this range indicate moderate slip resistance. These surfaces may still be somewhat slippery, especially when wet, but are considered acceptable in many dry environments. Example: Smooth concrete flooring may fall in this range and could be safe in dry conditions but slippery when wet. High COF (above 0.60): A COF of 0.60 or higher is generally regarded as slip-resistant and safe for most walking surfaces, even in wet conditions. Higher COF values are recommended in areas where slip risks are higher, such as around pools, kitchens, or entryways. Slip Test COF Values Example: Textured or rubberized flooring might have a COF above 0.60, providing excellent traction and minimizing slip risk. Soft Tissue Injury Damage to muscles, ligaments, or tendons, often difficult to quantify. Statement of Facts A concise, factual summary of the relevant events, circumstances, or details surrounding a particular case, issue, or dispute. Statute of Limitations The time limit for bringing a lawsuit after an injury occurs. A legal doctrine under which a person or entity is held liable for damages or injuries caused by their actions or products, regardless of fault, intent, or negligence. In cases of strict liability, the injured party does not need to prove that the defendant acted carelessly or knowingly; they only need to demonstrate that the defendant's action or product Strict Liability caused the harm. Strict liability is commonly applied in certain areas of law, such as dog bite cases, product liability, and abnormally dangerous activities. Subjective Refers to a perspective, opinion, or assessment based on personal feelings, beliefs, interpretations, or experiences rather than on objective facts or universal truths Sweep Sheets (Routine monitoring for safey hazards) Sweep sheets are specifically used to document regular inspections or "sweeps" of certain areas, often high-traffic zones, to check for hazards like spills, debris, or obstacles.  Vocabulary Words: Defination: Refers to any incident that results in injury or harm in or around a swimming pool. Such accidents may involve drowning, slip and falls, diving injuries, or other types of injuries that occur due to the specific risks associated with pool environments. These accidents are particularly concerning because they often result in serious injuries or Swimming Pool Accidents **See Attractive Nuisance fatalities, especially for young children. Property owners, pool operators, or managers may be held liable for swimming pool accidents if negligence or unsafe conditions Doctrine** contributed to the incident. Involves formally requesting that another party (typically another insurer or a third party) assume responsibility for a claim or provide defense and indemnity in connection with the claim. This is common when multiple parties or insurers may share liability, or when a party believes that another is contractually or legally obligated to cover the Tender of Claim (To another party) costs associated with the claim. Tender Policy Limit By tendering the policy limit, the insurer aims to resolve the claim entirely by paying out the maximum coverage available, potentially ending their involvement in the claim. Third-Party Claim (3P) A claim filed against someone else’s insurance policy for damage to your property. Traumatic Brain Injury A serious injury to the brain resulting from an impact. A type of personal injury incident where a person trips over an object, uneven surface, or obstacle, leading to a fall and potentially resulting in injuries. Trip and fall accidents Trip and Fall often occur on public or private property due to hazardous conditions and may give rise to a legal claim if the property owner was negligent in maintaining safe conditions. An individual or business performing construction, remodeling, repair, or other types of contracting work without the required state or local government license. Unlicensed contractors may lack formal certification or approval to operate legally in their field, which can pose risks for both the contractor and the client. Many states have licensing requirements to ensure contractors meet standards for experience, knowledge of building codes, and proper insurance, and hiring unlicensed contractors may violate local Unlicensed Contractor laws or regulations. A type of insurance that provides financial protection for boats and other watercraft, such as yachts, jet skis, and sailboats. This policy covers damages, liabilities, and potential losses related to owning and operating a watercraft. Coverage typically includes protection against physical damage to the watercraft, liability for bodily injury or Watercraft Policy property damage to others, and medical expenses for injuries sustained on the watercraft.