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Practice Areas
Legal Terms
Glossary of Legal Terms
Damages: In a wrongful death action, damages might include economic loss (including loss of guidance, education, training, consortium, etc.), survival damages (for the decedent’s pre-death pain and suffering) and exemplary or punitive damages. In a personal injury case, damages include economic damages (lost earnings, property damages, medical expenses and future damages), general damages, emotional damages, loss of consortium, and punitive or exemplary damages.
Negligence: The failure to act with reasonable care under the circumstances. A negligence claim focuses on the defendant's conduct, and if sufficiently egregious can justify an award of punitive damages.
Personal Injury Action: A lawsuit brought by an individual who has suffered physical or mental harm as the result of the wrongful conduct of another.
Product Liability: Many jurisdictions hold manufacturers strictly liable for design defects or manufacturing defects in their products when those defects lead to harm. The conduct of the manufacturer is not considered. This doctrine seeks to ensure that manufacturers strive to produce products that meet consumers expectations and are as safe as reasonably possible.
Proof of Negligence: Requires that the plaintiff demonstrate that the defendant owed a duty to the plaintiff, the duty was breached, the breach of duty was the cause of the damages and damages are quantifiable. Manufacturers of products are generally held to a basic duty of exercising care to prevent foreseeable injuries from the reasonable use of their products.
Wrongful Death Action: A lawsuit brought on behalf of a deceased person’s family or beneficiaries that alleges the death was attributable to the willful or negligent act of another.
