Glossary

Below you will find a legal glossary to better help you understand some of the vocabulary used throughout our website or during the course of your injury claim. If you need further explanation about any of the terms listed below or not found on thi spage, your Case Manager will be happy to assist you.

To learn more about Brumbaugh, Mu & King, P.A. feel free to visit our About the Firm section of this website or call us toll-free at (800) 635-1683! We're also available online through our Contact Us form. All initial consultations are free and we're available by phone 24 hours a day, 7 days a week!


  • Abuse: Abuse occurs when an individual causes physical, emotional and/or sexual harm to another person. Nursing home negligence is also another form of abuse that can cause very serious injuries.
  • Action: Similar to a case or lawsuit, an action is a proceeding taking place in a court of law.
  • Appeal:  After a trial has taken place, a decision will be made by the court. An appeal is the process of appealing to a higher court for a reduction or dismissal of that decision.
  • Attorney: An attorney is a lawyer licensed to practice law and represent another person in legal matters.
  • Beneficiary: Anyone entitled to part of or all of an estate left by a deceased individual through degree of a written will or court order, is considered a beneficiary.
  • Breach of Warranty: A failure or violation in a product's written, expressed or implied warranty. A defect resulting from a manufacturing, distribution, or product design error can also be considered a Breach of Warranty.
  • Brief: A legal document which presents the law and facts supporting an attorney's client's case.
  • Case: Any action, lawsuit, cause, or action initiated by filing a complaint, petition, indictment or information through the court system.
  • Cause: Is the reason or circumstance for bringing about a legal action.
  • Citation: Is a summons to appear in court and/or a reference to authorities in support of a legal argument.
  • Claim: An assertion of your legal right to demand compensation for a loss you have endured as a result of injury.
  • Clincher Agreement: An agreement that has been reached by the plantiff and defense clients and attorneys whereby the employer pays a lump sum to the employee in exchange for a release by the employee and an agreement never to make any further claims for that injury. A clincher agreement is considered a settlement of claim.
  • Compensation: Court awarded monetary payment for losses that you have endured.
  • Continuance: The adjournment of court proceedings for one day or longer.
  • Court of appeals: The intermediate appellate court to which most appeals are taken from superior court.
  • Damages: A legal term used for monetary compensation received from economic or non-economic losses endured due to injury caused by the acts or negligence of another person or company.
  • Decision: A ruling made by a court of law from the consideration of law and facts in a case.
  • Defective Product: Any product that causes you suffering or loss as the result of a manufacturing and/or design defect, or fails to warn of a potential danger.
  • Defendant: The party who is being accused of causing the losses endured by another person is considered the defendant. The defendant or their insurance company can be held accountable for the compensation of your economic and non-economic losses in a personal injury or workers' compensation claim.
  • Defense Attorney: An attorney that represents the defendant or their insurance company.
  • Deposition: Sworn testimony taken and recorded in an authorized place outside of the courtroom according to the rules of the court. Testimony is often taken in a workers' compensation case from doctors involved in the client's treatment.
  • Disability: The inability of an individual to obtain gainful employment due to mental or physical impairment.
  • Discovery: A pretrial proceeding where a party may be informed about the facts known by other parties or witnesses.
  • Dispute: To engage in a discussion or argument of views or claims.
  • Docket: A book containing all entries of a court's proceedings.
  • Evidence: Legal forms of proof presented at a trial by witnesses, records, documents, etc.
  • Exhibit: Any evidence presented to the court during a trial or hearing.
  • Fault: Responsibility for the negligence or defect that caused injury or damage.
  • Guardian: A person who is either entitled or legally appointed by the court to manage and care for another person and their property. A guardian may be appointed in a wrongful death claim if the only surviving kin of the deceased are under age.
  • Hearing: An in-court proceeding held before a judge.
  • Income: An amount of money received during a period of time in exchange for labor, services, investments, or from the sale of goods or property.
  • Injury: Any damage, harm, or losses obtained as a result of another person's harmful intentions or negligence.
  • Interrogatories: A written document of questions developed by one party for the opposing party.
  • Judge: An appointed or elected public official with authority to hear and decide cases in a court of law.
  • Judgment: Any formal decision made on a case by a court official or judge.
  • Juvenile: A individual who has not yet reached the legal adult age specified by law, usually 18. Under-age individuals require either their legal or court appointed Guardian to file a claim for injury.
  • Lawsuit: A court proceeding to enforce a legal right.
  • Lawyer: Similar to attorney or counsel, this is a person licensed to practice law.
  • Liability: A responsibility or accountability for injuries or losses endured by another person.
  • Litigation: A Contest in court or lawsuit.
  • Loss: The detriment or harm of your physical being, emotions, property, or monetary earnings.
  • Malpractice: An injury sustained as the result of a medical professional or facility failing to perform a procedure correctly due to negligence or a lack of ordinary skill. Injuries obtained by malpractice are difficult to win and often require an experienced medical malpractice attorney.
  • Mental Anguish: The emotional torment, pain, suffering or distress resulting from another person's negligence or harmful actions.
  • Motion: An oral or written request to the court for a ruling or order on an action before, during or after a trial.
  • Negligence: When a person acts in a way that causes injury, harm or loss, there are possible grounds for a negligence or personal injury claim. Negligence can also occur through a company's failure to properly maintain equipment, grounds or safety guidelines. Injuries resulting from the negligence of an employer, co-worker, or through employment are classified as workers' compensation claims.
  • Offer: A proposal to make a deal towards settlement on a claim or case.
  • Personal Injury: Any injury that occurs to you mentally or physically.
  • Plaintiff: Any party who begins an action towards another party. In most cases, the injured individual is named the Plantiff by the court's record.
  • Power of Attorney: A document authorizing another to act as one's behalf as an agent or attorney.
  • Premises: A building or tract of land.
  • Premises Liability: A premises liability claim holds a owner, manager, or company responsible for any injuries and/or damages received from or on a property.
  • Product Liability: Holds the manufacturer, distributor, wholesaler, or retailer responsible for any defective products and the injuries that are sustained from their use.
  • Property Damage: When harm is done to your personal property. Property Damage claims are most commonly seen in auto accidents and can be settled separately from your injury claim. Please see our Handling Your Property Damage guide under resources for more information.
  • Recover:  To obtain or gain back a settlement through a legal claim or judgment.
  • Restitution: Is the action of making good of or giving an equivalent for some injury, to the injured party.
  • Settlement: Is a legal agreement or the conclusion of a legal matter, between two parties.
  • Social Security: Is a government-funded program that provides income to individuals who are unable to obtain gainful employment due to their disabilities. Social security diability claims are difficult to win and most applicants are repetitively denied without the representation of a knowledgeable social security attorney.
  • Statute of limitations: A law which specifies the amount of time a party has to take judicial action against another in order to enforce their legal rights. Each state holds different statutes of limitations and there are exceptions to each. It is important to seek attorney representation immediately after any injury has taken place.
  • Stipulation: An agreement between two opposing parties regarding any matter in the trial proceedings of a case.
  • Subpoena: Is a document issued by the authority of the court to compel a witness to appear and give testimony or evidence in the proceeding of a case. Failure to appear in court and produce the requested evidence or testimony is punishable by contempt of court.
  • Suit: Any proceeding in which an individual seeks the court's decision on a legal matter.
  • Testimony: Is any statement made by a witness while under oath in a legal proceeding.
  • Tort: Arises when an injury or wrong has been committed, with or without force, to another person or the property of another person.
  • Trial: Is an in court presentation of evidence which often results in a decision being made on a case or proceeding.
  • Verdict: Is a formal decision made by a judge or jury.
  • Warranty: Is a promise or guarantee of the integrity of a product either written into a contract, expressed verbally, or imposed by law in recognition of the nature of the product or transaction.
  • Witness: Is a person who testifies under oath before the court regarding any seen, heard or otherwise observed evidence that effects the authenticity of an occurrence.
  • Workers' Compensation: Is payment provided to an employee when he or she is injured while at work or in the course of their employment. Negligence does not need to be shown in order to receive workers' compensation benefits.
  • Wrongful Death: Is the occurence of a person's death due to the negligence, willful or wrongful actions of another. If you feel the recent death of your loved one was the result of another's actions, then we urge you to contact us for a free consultation. Let one of our experienced wrongful death attorneys help you understand your legal rights and options today!


Brumbaugh, Mu & King, P.A. is available 24 hours, 7 days a week toll-free at (800) 635-1683 or online through our Contact Us Now form. Call today to schedule a free initial consultation or to speak with an experienced injury attorney!