PERSONAL INJURY LEGAL GLOSSARY

Glossary of Personal Injury Law Terms

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z #

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Temporary Relief: Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.

Temporary Restraining Order: A judge's order forbidding certain actions until a full hearing can be held. Usually of short duration. Often referred to as a TRO.

Technical Errors: Errors committed during a trial that have not prejudiced the losing party's rights and therefore are not grounds for reversal on appeal.

Testamentary Capacity: The legal ability to make a will.

Testamentary Trust: A trust set up by a will.

Testator: Person who makes a will (female: testatrix).

Testimony: Evidence delivered by a witness at trial either orally at trial or in the written form of an affidavit or deposition.

Third Party: A person, business, or government agency not actively involved in a legal proceeding, agreement, or transaction.

Third Party Benefit:. In insurance law, third party benefits refer to the amount of available coverage that the at-fault party has in bodily injury and property damage.

Third Party Lawsuit: In workers' compensation law, when an injury is caused by the act or failure to act of a party other than the employer, that party is the "third party," and the injured worker may file a lawsuit against that party. An example of a third party lawsuit in workplace injury would be a products liability suit against the manufacturer of a defective tool.

Third Party litigation: When a lawsuit is brought against a defendant and that defendant wants to add another party to the suit, the original defendant may file a �third party complaint� which results in a third party litigation or lawsuit.

Third-Party Claim: An action by the defendant that brings a third party into a lawsuit.

Thrombotic Stroke: Occurs when a blood clot forms in an artery and blocks blood flow to the brain.

Tipstaff: Court-appointed officer whose duty it is to serve the judge in a variety of ways while court is in session. See bailiff.

Title: Legal ownership of property, usually real property or automobiles.

Tort: In civil law, generally, a wrong or injury committed against a person or property. A tort does not include breach of contract.

Tort-Feasor: One who commits a tort.

Tortious: Having the quality of a tort; the wrongdoer.

Total Disability: In a workers' compensation case, this is the compensation paid when an injured employee is totally impaired due to a work-related injury. Benefits at the total disability rate are generally two-thirds of wages up to a maximum compensation rate

Transcript: Official written copy of proceedings in a case, including hearings, depositions, and trial. Usually made by a court reporter.

Traumatic Brain Injury: An insult to the brain caused by an external physical force that may produce a diminished or altered state of consciousness that results in an impairment of cognitive abilities or physical functioning and/or a disturbance of behavioral or emotional functioning.

Trespasser: In civil law, a person who enters land without invitation, permission or privilege.

Trial: The judicial examination and determination of issues between the parties to an action.

Trial Calendar: List maintained by the clerk of court or the trial judge of cases awaiting trial, which includes trial dates, names of attorneys representing parties, and other such information.

Trial Court: The first court to hear the case, as opposed to an appellate court which hears appeals of decisions made in trial courts.

Trust: A legal device used to manage real or personal property, established by one person (the grantor or settlor) for the benefit of another (the beneficiary). A third person (the trustee) or the grantor manages the trust.

Trust Agreement or Declaration: The legal document that sets up a living trust. Testamentary trusts are set up in a will.

Trustee: The person or institution that manages the property put in trust.