Injury and Accidents Glossary Terms

The common term for emotional damages experienced because of an injury, malpractice, defamation, or other issue. Pain and suffering may include embarrassment, harm to reputation, disfiguring scars, permanent physical disabilities, and other negative results of a legal problem. Financial awards or insurance settlements are sometimes calculated to compensate someone in consideration of “pain and suffering” they have experienced.

A person who possesses or controls property or is otherwise allowed to be on it is justified in using reasonable physical force to the extent he reasonably believes it to be necessary to stop an aggressor from trespassing or attempting to trespass in or upon it. The owner can use deadly physical force to defend himself or a third party when he believes an aggressor is about to inflict deadly or serious bodily harm, when he reasonably believes it is necessary to prevent the trespasser from attempting to commit arson or any violent crime, or to the extent he reasonably believes it is necessary to stop someone from forcibly entering his home or workplace. A person is not justified in using deadly physical force if he knows he can safely retreat (except from his home or office), surrender possession of property if the aggressor claims to own it, obey a demand not to take action he is not required to take, or if he is the initial aggressor. The test for the degree of force in self-defense requires the jury to view the situation from the defendant's perspective and then decide whether the defendant's belief was reasonable.

In common law, the law that details the maximum period of time that legal proceedings may be enacted after certain events - either criminal or civil. The statute of limitations will vary by the event and by state and country.

An agreement for the financial settlement of a lawsuit to be paid out in installments rather than in a lump sum. Structured settlements usually result from large settlements and are often created through the purchase of annuities. The payments can be structured in any way the parties choose (monthly, yearly, quarterly, etc.). Structured settlements are common in large recovery cases, often in anticipation of long-term financial and health care costs.

This literally means substitution. In law, it refers to the fact that once a person or entity (i.e. insurance company) has paid expenses or a debt for someone else, they can then assume the legal rights of that person related to that debt. For instance, after a car accident, if an insurance company has paid for property damages and personal injuries for their client, they can then turn around and sue the other motorist responsible for causing the accident. Subrogation comes up often when an insurance company’s client has been in an accident with an uninsured motorist. It also can also arise when the injured party is required to reimburse the insurance company or hospital for medical expenses from their award.