Personal Injury Legal Glossary
Glossary of Personal Injury Terms
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Waiver: Knowing
and voluntary relinquishment of
a right. Compare with release.
Waiver of Immunity: A means
authorized by statute by which a
witness, before testifying or
producing evidence, may
relinquish the right to refuse
to testify against himself or
herself, thereby making it
possible for his or her
testimony to be used against him
or her in future proceedings.
Warrant: Most commonly, a court
order authorizing law
enforcement officers to make an
arrest or conduct a search. An
affidavit seeking a warrant must
establish probable cause by
detailing the facts upon which
the request is based.
Will: A legal declaration that
disposes of a person's property
when that person dies.
Willful Negligence: Intentional
performance of an unreasonable
act in disregard of a known
risk, making it highly probable
that harm will be caused.
Willful negligence usually
involves a conscious
indifference to the
consequences. There is no clear
distinction between willful
negligence and gross negligence.
Without Prejudice: A claim or
cause dismissed without
prejudice may be the subject of
a new lawsuit.
With Prejudice: Applied to
orders of judgment dismissing a
case, meaning that the plaintiff
is forever barred from bringing
a lawsuit on the same claim or
cause.
Witness: A person who testifies
to what he or she has seen,
heard. or otherwise experienced.
Also, a person who observes the
signing of a will and is
competent to testify that it is
the will-maker's intended last
will and testament.
Workers' Compensation: Insurance
required of almost all employers
to help cover their employees'
economic loss due to a
job-related injury or illness.
Writ: Broadly, a court order
requiring the performance of
some act or giving authority to
have the act done.
Writ of Certiorari: An order
issued by the Supreme Court
directing the lower court to
transmit records for a case for
which it will hear on appeal.
Wrongful Death Action: An action
brought to recover damages for
the death of a person caused by
a wrongful act or neglect or
unlawful violence or negligence
of another; provided that no
recovery for the same damages
claimed in the wrongful death
action was obtained by the
deceased during his lifetime. In
Pennsylvania, the action may be
brought by the decedent's
spouse, children, or parents. If
the decedent has no spouse,
children or parents, the action
may be brought by a personal
representative in order to
recover damages for hospital,
nursing, medical, funeral and
estate administration costs.
Wrongful Death Statute:
Statutory law that provides the
means for the representative of
a decedent to bring suit
alleging that the decedent's
death was caused by someone's
willful or negligent act and to
seek compensation for monetary
loss suffered because of the
decedent's death.
Wrongful Death Statutes: Laws
giving the family members of a
deceased a cause of action if
the death of their loved one
resulted because of another’s
negligence.
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