Personal Injury Vocabulary and Definitions PDF

Summary

This document provides definitions for various vocabulary words related to personal injury. It includes terms like '911 call', 'accident reconstruction', and 'agent of service', among others.

Full Transcript

Vocabulary Words: Defination: An emergency phone call made to request immediate assistance from local emergency services, such as police, fi...

Vocabulary Words: Defination: An emergency phone call made to request immediate assistance from local emergency services, such as police, fire, or medical responders. In the United States and many other countries, dialing 911 911 Call connects the caller to a public safety answering point (PSAP), where a trained dispatcher collects information about the emergency and coordinates the appropriate response. Accident Reconstruction Analysis of accident details to determine fault or cause. Adjuster or Claims Adjuster Insurance representative who assesses property damage claims. a person or business entity designated by a company or individual to receive legal documents, such as lawsuits, subpoenas, and other official notifications, on their behalf. The agent of service Agent of Service or Agent for Service of Process ensures that legal documents are received promptly and forwarded to the appropriate party for a response, helping businesses and individuals meet legal obligations and avoid missing important (AKA Registered Agent) deadlines. (Responsible for receiving legal documentsm forwarding documents, maintaining availability for delivery, compliance with legal requirements) An official document created by an animal control officer or agency detailing the circumstances, observations, and actions taken in response to an incident involving animals. These reports are often generated in cases involving animal bites, dangerous or stray animals, animal neglect, or public safety issues related to animals. The report provides essential information for legal cases, insurance Animal Control Report claims, or follow-up actions by animal control or public health authorities. A medical examination of a deceased person’s body performed to determine the cause and manner of death. Autopsies are conducted by a forensic pathologist or medical examiner and may be required when a death is sudden, unexplained, suspicious, or part of a criminal investigation. This procedure involves a thorough external and internal examination of the body, along with tests and Autopsy Report (Medical Examination) analyses, to understand the factors leading to death. Individuals who testify in personal injury cases to describe the plaintiff's physical, emotional, or lifestyle changes resulting from an injury. These witnesses provide valuable insights into how the plaintiff’s life has changed due to the incident, offering a comparison of the plaintiff's condition and abilities both before and after the injury. The testimony of before and after witnesses can help Before and After Witnesses establish the extent of the plaintiff's injuries, pain, suffering, and loss of enjoyment of life, which are critical for determining damages. Examples: co-worker, family members, pastor, friends, etc. Someone whose testimony may be influenced by personal, financial, or emotional interests rather than objective facts. In legal contexts, a biased witness might favor one party over another due to Bias Witness relationships, past experiences, or potential gains from a particular case outcome. A digital record created by a dispatch system to document the details of emergency or non-emergency calls handled by a dispatch center, typically for police, fire, or medical services. The CAD log CAD Log (AKA Computer-Aided Dispatch Log) includes real-time information about each incident, such as the nature of the call, the location, responding units, and updates on the situation as it unfolds. A postal service that provides the sender with proof of mailing and a record of delivery. It is often used when important documents need to be sent securely and tracked, ensuring that the recipient Certified Mail receives them. Certified mail requires the recipient to sign for the item upon delivery, creating an official record of receipt, which is useful for legal and business purposes. An official document prepared by a coroner that details the findings of an investigation into an individual’s death. This report is usually completed when a death occurs under unusual, suspicious, or unexplained circumstances and provides essential information for legal, medical, and investigative purposes. Coroner reports often include conclusions on the cause, manner, and time of death based Coroner Report (Death Investigation) on examination and evidence. Refers to whether the defendant was acting within the duties of their employment or responsibilities at the time of the incident. This concept is particularly important when determining if an employer may also be held liable for the actions of an employee under vicarious liability. If the defendant was acting within the “course and scope” of their job when the injury occurred, the employer may share responsibility for the plaintiff’s injuries. Example: Within Course and Scope: A delivery driver, while on a delivery route, accidentally causes a car accident. Since the driver was performing their job Course and Scope duties, they were acting within the course and scope of their employment, meaning the employer may be held vicariously liable for the accident. Acting on Behalf of the Employer: The defendant must be performing duties or tasks assigned by their employer or acting in furtherance of the employer’s interests. This typically includes activities related to job duties, assigned responsibilities, or tasks directly benefiting the employer. Within Authorized Time and Place: The actions must occur within the time and location boundaries of the employee's work. This means during work hours, on the employer’s premises, or at a location associated with the job. Employer’s Control: Generally, the defendant’s actions must be under the employer’s control, and the defendant should be following the employer’s directives or general work requirements. Deviation from Duties: If the employee significantly deviates from their work duties, especially for personal reasons (a concept known as a “frolic”), they may be found to be outside the course and scope of employment. A Course and Scope Examples minor deviation for personal reasons (known as a “detour”) may still fall within the course and scope. Dash Cam Footage Recorded video from a dashboard camera, used to verify accident details. An official document issued by a government authority that certifies an individual’s death. It provides essential details about the deceased and the circumstances of their death, serving as both a legal Death Certificate record and a public health document. Death certificates are typically required for legal and administrative purposes, such as settling estates, claiming life insurance, and closing accounts. A service that provides proof that a mail or package has been successfully delivered to the intended recipient. Delivery confirmation typically includes a tracking number that allows the sender to Delivery Confirmation or Proof of Delivery monitor the item's progress, along with a final update when the item reaches its destination. Some forms of delivery confirmation also require a signature from the recipient to confirm receipt. A device installed in many modern vehicles that records specific data related to the vehicle’s operation, particularly in the moments before, during, and after a collision. EDRs are sometimes referred EDR (AKA Event Data Recorder) to as "black boxes" for vehicles, as they capture crucial information that can help in understanding the circumstances surrounding an accident. Vehicle Speed: The speed of the vehicle at various points leading up to the collision. Brake Application: Whether the brakes were applied and, if so, the timing and intensity of braking. Steering Angle: The direction and extent of steering input by the driver. Throttle Position: How far the accelerator pedal was pressed, showing acceleration before the incident. Seat Belt Status: Whether seat belts were in use by occupants. Airbag Deployment: Details about airbag deployment, such as timing and whether it was triggered by the collision. EDR Data Collection Impact Severity: Data on the force of impact, often indicated by acceleration and deceleration rates. Employment History A record of an individual’s past and present employment, detailing their job roles, responsibilities, dates of employment, and employers. Evidence Documentation or testimony presented to prove facts in a case. Photographic Evidence Photos of the damage taken as proof for claims and assessment. A small, wearable recording device used by law enforcement officers to capture video and audio of their interactions with the public. The camera is typically worn on the officer’s chest, shoulder, or Police Body Cam glasses, and it provides a real-time record of events, which can serve as valuable evidence in investigations, promote transparency, and improve accountability in policing. A video recording device mounted inside a police vehicle, typically on the dashboard or windshield, designed to capture video (and sometimes audio) of events that occur in front of or around the vehicle. Dash cams are commonly used by law enforcement to record traffic stops, vehicle pursuits, and other incidents that happen within the camera’s range, providing valuable visual evidence for Police Dash Cam investigations and accountability. Police Report An official record by police detailing the facts of an incident. A formal application made by an individual, organization, or business to a government agency to access public records or information maintained by that agency. Public records requests are based on laws like the Freedom of Information Act (FOIA) in the United States and similar state laws, which grant the public the right to obtain information about government actions, decisions, and records to Public Records Request promote transparency and accountability. Public records requests are commonly used by journalists, researchers, legal professionals, and private citizens. a formal, typically audio-recorded account provided by a witness, claimant, or other involved party, often in the context of an insurance claim or legal investigation. In a recorded statement, the individual is asked questions about an incident, accident, or relevant facts, and their responses are documented to preserve an accurate and unaltered record of their testimony. Recorded statements are often used by insurance companies, attorneys, and law enforcement to gather details about an incident and to support or evaluate claims. When recording conversations, we must tell the Recorded Statement other person we are recording the call. A mailing service that requires the recipient (or an authorized person) to sign for a package or letter upon delivery, providing proof that the item was received by someone at the delivery location. This Signature Confirmation service adds an extra layer of security and is often used for high-value, sensitive, or important deliveries. The sender receives a record of the recipient’s signature, which acts as proof of delivery. 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 generally considered safe for wet areas and lower numbers indicating Slip Test (AKA COF - Coefficient of Friction) 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. Refers to the intentional, reckless, or negligent destruction, alteration, or concealment of evidence that is relevant to a legal proceeding. When evidence is spoiled, it may hinder one party’s ability to prove or defend a claim, and it can have serious consequences in court. Courts generally take spoliation of evidence seriously, as it interferes with the judicial process and can lead to Spoilation of Evidence sanctions, adverse inferences, or other legal penalties against the party responsible for the spoliation. A database managed by the California Highway Patrol (CHP) that collects and maintains information on traffic collisions occurring throughout California. SWITRS contains detailed data on various SWITRS (Statewide Integrated Traffic Records aspects of each reported traffic incident, including location, time, involved parties, and contributing factors. The system is used by government agencies, researchers, and safety organizations to System) analyze collision patterns, improve road safety, and guide policy-making. A unique identifier assigned to a mail item or package that allows both the sender and recipient to monitor its progress and delivery status. Tracking numbers are provided by shipping and postal Tracking Number services, such as USPS, FedEx, and UPS, and enable real-time tracking through online systems, apps, or customer service. An official document created by law enforcement officers detailing the facts, observations, and conclusions related to a motor vehicle accident. This report is typically generated when police respond to Traffic Collision Report (AKA TCR) an accident scene and includes essential information that can be used in insurance claims, legal proceedings, or investigations. Refers to electronic evidence or digital files associated with the accident and documented as part of the TCR. This can include photos, videos, and other digital records that capture details of the Traffic Collision Report Digital Media collision scene, vehicles, and surroundings. Digital media is often attached to or referenced in the TCR to provide visual support for the observations and conclusions recorded in the report. Refers to the programmed cycle of changes in traffic signals that control the flow of vehicles and pedestrians at intersections. This sequence typically includes a standard progression of lights—green, yellow, and red—along with any specialized signals (such as turn arrows or pedestrian signals) to ensure orderly and safe traffic movement. Traffic light sequences vary based on intersection design, Traffic Light Sequence traffic volume, and timing needs to optimize safety and traffic flow. A type of insurance that provides additional liability coverage beyond the limits of a standard homeowner's, auto, or watercraft insurance policy. Umbrella insurance offers an extra layer of financial protection for individuals or businesses by covering large liability claims and lawsuits that exceed the coverage limits of their primary insurance policies. It also covers certain types of liability not typically covered by standard policies, such as libel, slander, and certain legal fees. Umbrella policies provide both additional limits and broader protection. Typically to qualify for an umbrella Umbrella Policy policy, the auto limits need to be at least 100/300-250/500. Someone who provides testimony without any personal, financial, or emotional interest in the outcome of the case. An unbiased witness is considered neutral, and their testimony is based purely on Unbiased Witness their observations and knowledge of the facts, without favoring any party involved. Video Footage (AKA Surveillance Footage) Video evidence used to show events related to the incident. A formal, written account provided by a person who has directly observed or has relevant information about an event or incident. The statement records the witness’s account of what they saw, heard, or experienced, and is used as evidence in investigations, legal proceedings, or insurance claims. Witness statements are crucial in establishing facts, verifying timelines, and providing firsthand Witness Statement perspectives that can help clarify circumstances surrounding an incident. Please all statements need to be signed by the person providing a testimony. 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 understand an incident, determine liability, ensure Site Inspection (Expert) safety compliance, or assess property conditions.

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