Glossary

Subrogation – 1. The principle under which an insurer that has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a third party with respect to any loss covered by the policy. 2. The substitution of one party for another whose debt the party pays, entitling the paying party to rights, remedies, or securities that would otherwise belong to the debtor.

Subrogee – One who is substituted for another in having a right, duty, or claim. An insurance company frequently becomes a subrogee after paying a policy claim, as a result of which it is then in a position to sue a tortfeasor who injured the insured or otherwise caused damages.

Subrogor – One who allows another to be substituted for oneself as a creditor, which a transfer of rights and duties.

Subsequent remedial measure – An action taken after an event, which, if taken before the event, would have reduced the likelihood of the event’s occurrence.

Stipulation – A voluntary agreement between opposing parties concerning some relevant point.

Mediation – A method of nonbinding dispute resolution involving a neutral third party who tries to help the disputing parties reach a mutually agreeable solution

Medicaid – A government program that provides medical aid to those who cannot afford private medical services. Medicaid is jointly funded by the federal state governments.

Medical examiner – A public official who investigates deaths, conducts autopsies, and helps the state prosecute homicide cases.

Medical malpractice – A doctor’s failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances.

Injury – The violation of another’s legal right, for which the law provides a remedy; a wrong or injustice; harm or damage.

Bodily injury – Physical damage to a person’s body.

Compensable injury – Workers’ compensation: An injury caused by an accident arising from the employment and in the course of the employee’s work, and for which the employee is statutorily entitled to receive compensation.

Personal Injury – In a negligence action, any harm caused to a person, such as a broken bone, a cut, or a bruise; bodily injury.

Scheduled injury – A partial disabling injury for which a predetermined amount of compensation is allowed under a workers’ compensation statute.

Release – A written discharge, acuittance, or receipt (Jones signed the release before accepting the case from Hawkins)

Relevant – Logically connected and tending to prove or disprove a matter in issue, having appreciative probative value—that is, rationally tending to persuade people of the probability or possibility of some alleged fact.

Statute of limitations – A statute establishing a time limit for suing in a civil case, based on the date when the claim accrued (as when the injury occurred or was discovered). The purpose of such a statute is to require diligent prosecution of known claims, thereby providing finality and predictability in legal affairs and ensuring that claims will be resolved while evidence is reasonably available and fresh.

Tort – A civil wrong for which a remedy may be obtained, usually in the form of damages.

Tortfeasor – One who commits a tort.

Premise liability – A landowner’s or landholder’s tort liability for conditions or activities on the premise.

Act of God – An overwhelming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, tornado or storm.

Damages – Money claimed by, or ordered to be paid to, a person as compensation for loss or injury (the plaintiff seeks $xxx in damages from the defendant).

Structured settlement – A settlement in which the defendant agrees to pay periodic sums to the plaintiff for a specified period of time.

Expert witness – A witness qualified by knowledge, skill, experience, training or education to provide a scientific, technical, or other specialized opinion about the evidence or a fact issue.

Workers’ Compensation – A system of providing benefits to an employee for injuries occurring in the scope of employment.

 

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Slater & Norris

Slater & Norris
5070 Grand Ridge Drive
West Des Moines, IA 50265
Phone: 888.529.0143
Fax: 515.226.1270