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WRONGFUL DEATH LEGAL GLOSSARY |
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Glossary of Wrongful
Death Terms
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Damages:
Damages are awarded in various categories. Compensatory damages compensate the
plaintiff for actual dollar-value losses (e.g., medical expenses, both past and
future), lost income, loss of future earning capacity, etc. General damages,
which are also a form of compensatory damages, cover more intangible losses,
such as pain, suffering, humiliation, the loss of enjoyment of life as well as
grief suffered from the loss of a loved one. Punitive damages (which are rare)
serve to punish a defendant for extreme behavior and which serve to deter others
from similar conduct.
Decision: The judgment rendered by a court
after a consideration of the facts and legal issues before it.
Defective Product: A "defective
product" is one that causes injury to a person because of some defect in
the product (e.g., manufacturing defect, design defect, or inadequate warning).
Product liability litigation and claims are usually more complicated than
ordinary cases because of the necessity of securing experts in the field from
which the product was manufactured. These experts can show alternative designs,
and can demonstrate that the manufacturer could have prevented the injury, or
death, by making modifications, installing safety guards, or having designed a
completely different product.
Deposition: A deposition is a form of
discovery in which a plaintiff, a defendant, a witness, or an expert witness
with relevant information about a lawsuit is formally questioned under oath by
the attorneys representing all parties in the lawsuit. The deposition is similar
to the giving of oral testimony in a trial, but takes place under less formal
circumstances and in advance of a trial. The deposition is typically before a
court reporter and the witness is subjected to examination by attorneys for all
parties.
Defendant: A person who is sued or accused
in a court of law.
Design Defect: In these cases, a poor
design causes injury to the person. In North Carolina, the injured person must
prove that the manufacturer acted unreasonably in designing the product, that
this conduct proximately caused the injury, and one of the following: the design
of the product was so unreasonable that a reasonable person, aware of the facts,
would not use or consume a product of this design; or the manufacturer
unreasonably failed to adopt a safer, practical, feasible and otherwise
reasonable design and that the better design would have prevented or
substantially reduced the risk of harm without substantially impairing the
usefulness, practicality or desirability of the product.
Direct Evidence: Evidence that stands on
its own to prove an alleged fact.
Direct Examination: The initial
questioning of a witness by the party that called the witness.
Directed Verdict: A judge's order to a
jury to return a specified verdict, usually because one of the parties failed to
prove its case.
Disbursements: Expenditures of money. When
lawyers charge clients for disbursements, they seek to recover costs for
expenses such as photocopying, long-distance phone charges, etc.
Discovery: The use of depositions,
interrogatories, requests for production of documents, requests for admissions,
and demands for independent medical examinations, and other procedures to
discover relevant evidence possessed by the other parties or by independent
witnesses.
Dismissal with Prejudice: An order to
dismiss a case in which the court bars the plaintiff from suing again on the
same cause of action.
Dismissal without Prejudice: An order to
dismiss a case in which the court preserves the plaintiff's right to sue again
on the same cause of action.
Dismissal: The judge may dismiss your case
at motion hearing if there is evidence that your rights were violated during the
stop of the vehicle, or a host of other reasons, if the evidence against you is
weak. The judge can dismiss a case with prejudice, which means the DA can't
re-file the case against you, or without prejudice, which means the DA can chose
to re-file and try again to convict you.
Drunk Driving: A general reference to
those criminal cases that are called DUI, DWI, OUI, OWI, DUII, DWAI, or other
acronyms. They generally describe two types of cases: first, where the driver is
sufficiently impaired by alcohol, drugs, or a combination of the two that the
driver cannot drive safely. Second, "drunk driving" relates to those
cases where someone is above that state's legal limit, usually .08, no matter
how safely the person is driving.
DUI: Driving under the influence. Will
either refer to driving under the influence of alcohol, driving under the
influence of drugs, or driving under the influence of a combination of liquor
and drugs. This is the most widely used acronym for drunken driving cases. The
standard for what it means to be under the influence will vary from state to
state. It is important to contact a lawyer in your area that knows DUI law if
you have been accused of DUI or a related drunk driving offense.
DUII: Driving under the influence of an
intoxicant. The intoxicant in DUII cases can be either alcohol or other drugs.
There is no difference between a charge of DUII and DUI. A DUII charge is no
more or less serious than that of DUI. However, Oregon, the state that refers to
drunk driving as DUII, does have a pre-trial diversion program that many other
states do not offer. Before you get involved in any diversion program, please
talk to a DUI defense lawyer, as there are pros and cons to these types of
programs.
Duty to Warn: The legal obligation to warn
people of a danger. Typically, manufacturers of hazardous products have a duty
to warn customers of a product's potential dangers and to advise users of any
precautions they should take.
DWI: Driving while intoxicated, or driving
while impaired. Like DUI, DWI can refer to driving while intoxicated or impaired
as the result of either drinking alcohol or taking drugs, or both. This is the
second most widely used acronym for drunken driving cases. Like DUI, the
question of how to define being intoxicated or impaired is at the heart of a
drunken driving case in jurisdictions that use DWI. It is critical to consult
with a DWI lawyer in your area that understands these sophisticated issues.
DISCLAIMER: The
information contained within this personal injury site is of a general nature
and is not meant to be a restatement of any rules of law. Your
use of this site does not create an attorney-client
relationship. You should hire an attorney to obtain legal
advice for your specific case.
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