September 04, 2010

Personal Injury Glossary
Legal Dictionary
Glossary of terms that are frequently used on this site.
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There are 27 entries in the glossary.
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Term Definition
plaintiffThe person, corporation or other legal entity that initiates a lawsuit. In certain states and for some types of lawsuits, the term petitioner is used instead of plaintiff.
 
preponderance of the evidenceThe level of proof required to prevail in most civil cases. The judge or jury must be persuaded that the facts are more probably one way (the plaintiff's way) than another (the defendant's).
 
punitive damagesSometimes called exemplary damages, awarded over and above special and general damages to punish a losing party\'s willful or malicious misconduct.
 
respondentIn criminal cases, the person accused of the crime. In civil matters, the person or organization that is being sued. In majority of states, the respondent is called the defendant.
 
special damagesDamages that cover the winning party's out-of-pocket costs. For example, in a vehicle accident, special damages typically include medical expenses, car repair costs, rental car fees and lost wages. They are often called "specials".
 
statutory damagesDamages required by statutory law. For example, in many states if a landlord doesn't return a tenant's security deposit in a timely fashion or give a reason why it is being withheld, the state statutes give the judge authority to order the landlord to pay damages of double or triple the amount of the deposit.
 
treble damagesLawyerspeak for triple damages. To penalize lawbreakers, statutes occasionally give judges the power to award the winning party in a civil lawsuit the amount it lost as a result of the other party's illegal conduct, plus damages of three times that amount.
 


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