Personal Injury Legal Glossary
Abstract of Title: A chronological summary of all official records and recorded documents affecting the title to a parcel of real property.
Accomplice: 1. A partner in a crime. 2. A person who knowingly and voluntarily participates with another in a criminal activity.
Acknowledgment: 1. A statement of acceptance of responsibility. 2. The short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged.
Acquit: To find a defendant not guilty in a criminal trial.
Action. In the legal sense, a formal complaint or a suit brought in court.
Additur: An increase by a judge in the amount of damages awarded by a jury.
Adjudication: Giving or pronouncing a judgment or decree. Also the judgment given.
Ad Litem: A Latin term meaning for the purposes of the lawsuit. For example, a guardian “ad litem” is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit.
Administrative Agency. Governmental body responsible for administering and implementing a particular legislation, such as laws governing traffic safety or workers’ compensation. These agencies may have rule-making power and judge-like authority to decide disputes.
Administrative Hearing. Proceeding before an administrative agency which consists of an argument, a trial, or both. Rules governing the proceeding, including rules of evidence, are generally less strict than in civil or criminal trials.
Administrator: Person appointed by a court to administer a deceased person’s estate. The person may be male (in which case, he would be referred to as the “administrator”) or female (in which case, she would be referred to as the “administratrix”).
Admissible evidence: Evidence that can be legally and properly introduced in a civil or criminal trial.
Adversary Proceeding. Legal proceeding involving parties with opposing interests, with one party seeking legal relief and the other opposing it.
Affiant: A person who makes and signs an affidavit.
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. For example, in criminal cases, affidavits are often used by police officers seeking to convince courts to grant a warrant to make an arrest or a search. In civil cases, affidavits of witnesses are often used to support motions for summary judgment.
Agreement: Mutual assent between two or more parties; normally leads to a contract; may be verbal or written.
Aid and Abet: To actively, knowingly or intentionally assist another person in the commission or attempted commission of a crime.
Allegation. The claim made in a pleading by a party to an action setting out what he or she expects to prove.
Alternative Dispute Resolution: Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.
Amicus Curiae. (Latin: “friend of the court.”) Person or organization that files a legal brief with the court expressing its views on a case involving other parties because it has a strong interest in the subject matter of the action.
Appeal. Request to a superior or higher court to review and change the result in a case decided by an inferior or lower court or administrative agency.
Appearance: 1. The formal proceeding by which a defendant submits to the jurisdiction of the court. 2. A written notification to the plaintiff by an attorney stating that he or she is representing the defendant.
Appellate Court. A court having jurisdiction to hear an appeal and review the decisions of a lower or inferior court.
Arbitration: A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party and agree to abide by his or her decision. In arbitration there is a hearing at which both parties have an opportunity to be heard.
Arbitrator: A person who conducts an arbitration.
Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. Sometimes called a preliminary hearing or initial appearance.
Arrest: To take into custody by legal authority.
Assault. A willful attempt or threat to harm another person, coupled with the present ability to inflict injury on that person, which causes apprehension in that person. Although the term “assault” is frequently used to describe the use of illegal force, the correct legal term for use of illegal force is “battery.”
Assumption of the Risk. When a person voluntarily and knowingly proceeds in the face of an obvious and known danger, she assumes the risk. A person found to have assumed the risk cannot make out the duty element of a negligence cause of action. The theory behind the rule is that a person who chooses to take a risk cannot later complain that she was injured by the risk that she chose to take. Therefore, she will not be permitted to seek money damages from those who might have otherwise been responsible.
Attorney-Client Privilege. Client’s privilege to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and his or her attorney.
Attorney-in-Fact: A private person (who is not necessarily a lawyer) authorized by another to act in his or her place, either for some particular purpose, as to do a specific act, or for the transaction of business in general, not of legal character. This authority is conferred by an instrument in writing, called a letter of attorney, or more commonly a power of attorney.
Attorney of Record: The principal attorney in a lawsuit, who signs all formal documents relating to the suit.
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Verdicts & Settlements
R.J. Reynolds Tobacco Company product liability.
R.J. Reynolds Tobacco Company product liability.
Jury verdict for the wrongful death of a 63-year-old man survived by his widow.
Verdict against cigarette manufacturer for family of local lawyer who died of lung cancer.
Verdict against tobacco manufacturer for family of man who died from lung cancer as a result of smoking.
Verdict for widow of man who died of lung cancer as a result of addiction to smoking.
Gordon and Partners, along with co-counsel, recently represented the family of a smoker who passed away when she was 60 years old from lung cancer caused from her long time addiction to smoking cigarettes since she was a young girl. The case was tried in Lowell, Massachusetts and resulted in a verdict of 17 million dollars on May 31, 2019.
Recovery for man and family for injuries caused by a defective auto part.
Verdict for a smoker who contracted cancer of the jaw.
A Pinellas County jury verdict for the estate of a man who died of lung cancer at the age of 42.
Jury verdict for the wrongful death of a 68-year-old man from lung cancer from smoking cigarettes manufactured by RJR and Philip Morris.
Recovery for man who suffered brain injury and paralysis after collision with Blood Mobile.
Jury verdict for the wrongful death of a 97-year-old woman at an ALF.
Negligent supervision at Assisted Living Facility resulting in death.
Negligent failure to diagnose cancer.
To Scott Fischer & the Gordon & Partners staff,
It’s not often enough where you [have] the experience of dealing with a staff such as Gordon & Partners. My experience has been more than pleasurable dealing with a professional…
Many thanks from both Gerry & I to everyone who worked on both our cases.
Special thanks to Wally, Bob & Emily & the rest of the team members who did such an excellent job on our cases. Each time our mouths dropped to the floor when we saw our…
We cannot express the gratitude we have for the quality of service received from Chris Calamusa, representing your firm. Exceptional is an understatement. We are very impressed with the depth of his knowledge in his respective areas of expertise…
I would like to share the very professional and enjoyable experience in dealing with Jimmy Herron.
Jimmy has been very informative and helpful throughout this process. He accommodated my family’s needs, by coming to our…
I want to thank you again for representing my case in such a strong, honorable, direct, knowledgeable, expert manner. I thank you again for all that you have done for me and my mother to give both meaning to…