Accident Report
An official document detailing the facts, parties involved, and circumstances surrounding a car accident. This report is often filed by law enforcement and used as key evidence in insurance claims or legal cases.
Acquittal
A legal judgment that officially clears a defendant of criminal charges. An acquittal is essentially the same as a “not guilty” verdict.
Act of God
A natural event that occurs without human involvement and that couldn’t have been predicted or prevented, such as a flood, earthquake, or storm. In legal and insurance contexts, an Act of God may relieve individuals or companies from liability for damages resulting from such unforeseeable natural events.
Administrator
A court administrator manages the day-to-day operations of a court, making sure it runs smoothly and efficiently.
Affidavit
A written statement of facts voluntarily made under oath and signed by the person making it. An affidavit is legally binding and often used as evidence in legal proceedings.
Appeal
A legal request for a higher court to review and possibly change a decision made by a lower court after a case has already been tried. An appeal is typically used when someone believes a legal mistake was made and seeks to overturn the judgment or reduce the penalty.
Arbitration
A private process where a neutral third party (called an arbitrator) hears both sides of a dispute and makes a binding decision. Arbitration is often used as an alternative to going to court.
Attorney
A legal professional authorized to represent and advise clients in legal matters and advocate on their behalf in court.
Beneficiary
A person or entity entitled to receive benefits or assets from a will, trust, insurance policy, or other financial arrangement. While a primary beneficiary is the first in line to receive benefits, a contingent beneficiary receives them only if the primary beneficiary is unable or unwilling to do so.
Causation
In personal injury law, causation refers to the connection between the defendant’s actions and the plaintiff’s injury, showing that the injury was directly caused by those actions.
Civil Case
A civil case is a legal dispute between individuals or organizations seeking compensation or specific actions, rather than criminal punishment.
Claim Adjuster
Claim adjusters investigate insurance claims, evaluate damages, and determine the amount the insurer should pay.
Claimant
A person who makes a formal request for compensation or benefits, often in the context of an insurance claim or legal dispute which can lead to a court case.
Compensatory Damages
The claimant is the individual seeking compensation from another party and is referred to as the plaintiff in a personal injury court case.
Complaint Court
A court where a legal case is initially filed by the plaintiff through a formal complaint to start the lawsuit.
Contributory Negligence
A legal defense where the plaintiff is found to have partly caused their own injury, which can reduce or bar their ability to recover damages.
Damages Lawsuit
A damages lawsuit is a legal case in which the plaintiff seeks monetary compensation for harm or loss caused by the defendant’s actions.
Executor
A person appointed to carry out the instructions of a will, managing the deceased’s estate and distributing assets to beneficiaries.
Fault
The responsibility for causing harm or damage in an accident or dispute. While fault simply means being at blame, negligence specifically refers to failing to take reasonable care, which leads to that fault.
General Damages
General damages compensate for non-monetary losses like pain and suffering, while special damages cover specific, measurable expenses such as medical bills and lost wages.
Gross Negligence
Gross negligence is a severe form of carelessness. It shows a blatant disregard for the safety or rights of others, going beyond ordinary negligence.
Income Replacement Benefits
Income Replacement Benefits (IRB) provide financial support to injured individuals who are unable to work due to their injuries. These benefits typically cover a portion of lost wages.
Independent Medical Examination
An evaluation by a neutral doctor to assess the extent of a person’s injuries. An Independent Medical Examination (IME) is often requested by insurance companies for a claim such as workers compensation.
Indictment
A formal charge issued by a grand jury stating there is enough evidence to prosecute someone for a criminal offense.
Interrogatories
Written questions sent by one party to another in a lawsuit. Interrogatories are used during the discovery process to gather information relevant to the case.
Bill Of Particulars
A detailed statement explaining the claims or defenses in a lawsuit; it should be filled out with clear, specific facts supporting your case.
Judgment
A formal decision by a judge resolving a legal dispute and stating the obligations of the parties. In many jurisdictions, a court judgment can last 10 years and may be renewed if not yet satisfied.
Lawsuit Loan
The term ‘lawsuit loan’ is a misnomer for pre-settlement funding. Pre-settlement funding provides funds to plaintiffs involved in a pending lawsuit. It is a non-recourse debt obligation. It allows plaintiffs to access a portion of their expected settlement or judgment before their case resolves.
Liability
The legal responsibility for one’s actions or omissions that cause harm or loss to another person.
Lien
A legal claim against a person’s property or settlement to secure payment of a debt or obligation. Liens must typically be resolved before the property can be sold or the settlement funds are fully disbursed.
Mediation
Court mediation is where a neutral third party helps disputing parties reach a mutually agreeable resolution outside of trial. It is a voluntary or court-ordered process.
Mistrial
A trial that is invalidated due to a significant error or issue preventing a fair verdict. After a mistrial, the case may be retried, dismissed, or settled.
Mitigation Of Damages
A legal requirement that states the injured party must take reasonable steps to minimize their losses after harm occurs. For example, someone injured in a car accident must seek medical treatment promptly to avoid worsening their condition.
Negligence
The failure to exercise reasonable care, resulting in harm to another person. Criminal negligence involves a more serious disregard for safety, showing reckless indifference that may lead to criminal charges.
No-fault
A type of insurance system where each party’s own insurer pays for their damages regardless of who caused the accident. No fault states require drivers to carry this insurance, limiting lawsuits over minor injuries.
Nonrecourse Debt
Nonrecourse debt means the borrower only repays if they win or settle their case, with repayment coming solely from the lawsuit proceeds. Legal funding companies provide this type of funding to personal injury plaintiffs.
Out of Pocket Expenses
Costs a person pays directly, such as medical bills or repairs, not covered by insurance. Deductible expenses are a specific type of out-of-pocket expense that must be paid before insurance benefits begin.
Pain and Suffering
The physical and emotional distress caused by an injury. It’s typically calculated in settlements using factors like the severity of the injury, recovery time, and impact on quality of life.
Pecuniary Damages
Pecuniary damages compensate for financial losses like medical bills and lost income. Non-pecuniary damages cover intangible harms such as pain, suffering, and emotional distress.
Personal Injury
Physical, emotional, or psychological harm caused to a person due to someone else’s negligence or intentional act. A personal injury claim seeks compensation for these injuries through legal action.
Plaintiff
Person who initiates a lawsuit by filing a complaint against another party, seeking legal remedy or compensation.
Pre-settlement Funding
Pre-settlement funding provides cash to plaintiffs involved in ongoing lawsuits, allowing them to cover expenses while they await a settlement or court judgment.
Punitive Damages
Financial awards granted in a lawsuit to punish the defendant for especially harmful or reckless behavior.
Quality of Life
A person’s overall well-being and ability to enjoy daily activities, which can be significantly affected by illnesses and injuries. In lawsuits, reduced quality of life may be used to claim compensation for long-term physical or emotional impacts.
Settlement
When both sides agree on a payout to avoid going to trial, ending the legal claim.
Statute of Limitations
The legal deadline for filing a lawsuit, starting from the date of injury or discovery. It varies by state and case type, so deadlines can differ widely depending on where the incident occurred.
Third Party Claims
When someone seeks compensation from a party other than their own insurer, which is usually the at-fault party’s insurance company in an accident.
Workers’ Compensation
Insurance that provides medical and wage benefits to employees injured on the job, regardless of fault. It’s paid for by employers, not employees.
Wrongful Death
A wrongful death lawsuit is a legal claim filed by surviving family members seeking compensation for a loved one’s death caused by someone else’s negligence or misconduct. There is a statute of limitations for filing, which varies by state.
Civil Rights Violation
Occurs when someone’s legally protected rights, such as freedom from discrimination or unlawful arrest, are infringed by an individual or government entity. Civil rights violations do have a statute of limitations, which varies depending on the type of claim and the state.
Construction Negligence
Involves claims that a party failed to exercise reasonable care during a building project, causing injury or property damage. Construction negligence cases seek compensation for losses resulting from these careless acts.
Federal Employer’s Liability Act (FELA)
A federal law that allows railroad workers to sue their employers for injuries caused by negligence on the job. FELA provides compensation beyond standard workers’ compensation.
General Negligence
The failure to exercise reasonable care, resulting in harm or injury to another person. General negligence forms the basis for most personal injury claims.
Jones Act
A federal law that allows sailors and other maritime workers to sue their employers for injuries caused by negligence while working at sea. The Jones Act provides protections similar to workers’ compensation but requires proof of fault.
Pedestrian Injury
Refers to harm suffered by someone on foot, often due to being hit by a vehicle. Pedestrian injury claims seek compensation for medical bills, lost wages, and other damages resulting from the driver’s negligence.
Premise Negligence
Occurs when a property owner fails to maintain safe conditions, leading to injury on their property. Premise negligence claims seek compensation for damages like medical costs and lost income due to the unsafe environment.
Slip and Fall
An accident where someone is injured from a slip and/or fall due to unsafe conditions on another’s property, like wet floors or uneven surfaces. Slip and fall lawsuits can lead to settlements covering medical bills, lost wages, and pain and suffering.
Workplace Negligence
Workplace negligence happens when an employer fails to provide a safe work environment, leading to employee injury or harm. For example, not fixing a known safety hazard like exposed wiring could be considered negligence.
At Fault
“At fault” means a person is legally responsible for causing an accident, often determining who pays for damages. Fault rules vary by state, affecting how compensation is awarded.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. No attorney-client or confidential relationship is or will be formed by use of the site. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction.
Oasis provides pre-settlement funding, also known as consumer litigation funding, to its customers through different products depending on their state of residence or cause of action. Many consumers will be provided pre-settlement funding in the form of a purchase agreement, which assigns a portion of the pending proceeds from their legal claim. Other consumers, such as those in CO, CT and SC will be offered a funding in the form of a pre-settlement loan, sometimes referred to as a lawsuit loan. These transactions have important differences, therefore, consumers should carefully review and be aware of the type of transaction that is offered to them by any funding company.