Important Legal Terms
Common legal and personal injury terms
Medical malpractice or medical negligence occurs when a physician, or other healthcare provider, breaches their duty to perform treatment on a patient in a manner consistent with the applicable “standard of care.” In California, the “standard of care” requires medical providers to exercise the level of skill, knowledge and care that would be exercised by other members of the profession acting under similar circumstances and conditions. Medical malpractice insurance is professional liability coverage for physicians against suits alleging negligence or errors and omissions that have harmed patients.
The written record of a driver’s traffic violations and accidents. A driver’s Motor Vehicle Record is one of the things an insurance company will review prior to giving a quote for auto insurance rates.
The failure to use such care as a reasonably prudent and careful person would use under similar circumstances. Negligence can be either an act or an omission to act, i.e. the doing of something which a reasonably prudent person would not do in the situation, or the failure to do something which a reasonably prudent person would have done in the situation. Negligence is a common Cause Of Action in personal injury cases. To prove a negligence claim, the plaintiff must generally show that the other person owed a legal duty of care to the plaintiff under the circumstances, they failed to fulfill (or “breached”) that duty through their action or inaction, and the breach caused the accident or injury which resulted in damages to the plaintiff.
Automobile insurance coverage available in many states which pays for each driver’s own injuries regardless of who was at fault in the accident.
An insurance policy which covers losses above the limit of an underlying policy or policies such as automobile or homeowners insurance.
A term used to describe a motorist whose automobile insurance maximum is insufficient to cover the amount of a specific loss. Underinsured motorist insurance pays the policyholder for personal injuries or property damage resulting from an accident where the other driver was at fault but does not have sufficient insurance to cover the losses.
A motorist who does not have any automobile insurance. Uninsured motorist insurance protects a policyholder, up to the limits of their policy, for personal injuries or property damage resulting from an accident where the other driver was at fault but does not have any insurance.
Short for Vehicle Identification Number. Each car has a unique VIN number assigned to it which can typically be found on a small engraved metal plate on the dashboard.
A system of laws which governs the specific benefits a person is entitled to when injured at work and the procedures for obtaining those benefits. Workers’ compensation laws vary among the states with regard to benefits paid and other compensation provisions. In California, all employers are required to carry workers’ compensation insurance. Workers’ compensation insurance generally pays for medical care and rehabilitation of persons injured at work and may help to replace lost wages while they are unable to work.
When a person is killed due to the negligence or misconduct of another person, company or entity. An action for wrongful death can be brought by the deceased person’s immediate family.
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Important Legal Terms
Legal definitions and explanations of various topics related to personal injury claims and insurance issues.
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