Plain definitions of 25 terms we use on the job in Decatur.
Term Index
Open any term below for a dedicated definition page.
Actual Cash Value is the amount an insurer assigns to covered property after considering its condition, age, and depreciation. The figure generally reflects what the property was worth immediately before the covered loss. Policy language controls the calculation, and disputes may arise when an insurer applies depreciation inconsistently or undervalues damaged property.
Also called: ACV
Assumption of Risk is a legal defense that argues an injured person knew about a specific danger and voluntarily accepted it before being hurt. In a slip and fall claim, the defense may affect whether a property owner must pay damages. The facts must show awareness, understanding, and voluntary exposure to the danger.
At-Fault Driver is the person whose negligent, reckless, or unlawful conduct caused a vehicle collision. Fault may rest on actions such as distracted driving, unsafe lane changes, or following too closely. Insurance companies, attorneys, and courts assess evidence to determine whether that driver must compensate others for resulting injuries or property damage.
Also called: Negligent Driver
Bad Faith is an insurer’s dishonest, unfair, or unreasonable handling of a valid insurance claim. The conduct may include ignoring relevant evidence, delaying a decision without a sound reason, or refusing payment without a proper investigation. A bad faith claim examines the insurer’s conduct, not simply whether the original accident caused an injury.
Also called: Insurance Bad Faith
Black Box Data is electronic information recorded by a vehicle system before, during, and after a crash. In truck accident claims, the data may show speed, braking, throttle use, seat-belt status, and other operating details. Investigators may compare these records with police reports, witness accounts, vehicle damage, and other evidence.
Also called: EDR Data, Event Data Recorder Data
Comparative Negligence is a legal rule that assigns each party a share of responsibility for an injury. A court or insurer may reduce an injured person's recovery by that person's share of fault. The rule examines conduct by all involved parties, including whether unsafe driving contributed to the crash or worsened its effects.
Also called: Comparative Fault
Dram Shop Law is a legal rule that may hold an alcohol seller or provider responsible for injuries caused by an intoxicated person when the provider unlawfully supplied alcohol under circumstances recognized by applicable law. The rule can create a claim separate from the drunk driver's liability, but specific facts determine whether it applies.
Also called: Dram Shop Act
Duty of Care is a legal responsibility to act with reasonable caution toward people who could foreseeably suffer harm. In negligent security claims, the responsibility may apply to a property owner or manager who controls access, lighting, locks, surveillance, or other security conditions. A breach may support a negligence claim when the breach contributes to an injury.
An Exculpatory Clause is a contract provision that seeks to release a person or business from responsibility for certain harm or losses. Property owners often place these clauses in leases, rental agreements, or visitor waivers. In a slip and fall claim, the clause may affect liability, but its wording and the surrounding facts still require review.
Also called: Hold Harmless Clause
Guardian ad Litem is a court-appointed representative who protects a child’s interests in a legal matter. The representative investigates relevant facts, reviews records, speaks with people involved, and gives the court an independent recommendation. In a birth injury claim, the Guardian ad Litem may help the court assess whether a proposed settlement serves the child’s long-term needs.
Also called: GAL
Imputed Negligence is a legal principle that attributes one person's careless conduct to another person or entity because of their relationship. In a rideshare claim, the principle may connect a driver's conduct with a rideshare company or another responsible party. The relationship and applicable law determine whether the attribution applies.
Also called: Vicarious Negligence
Informed Consent is a patient’s voluntary agreement to a medical procedure after receiving understandable information about its purpose, material risks, expected benefits, and available alternatives. In a surgical error claim, the consent record may help show what the patient agreed to and whether the procedure or risk matched the information provided.
Joint and Several Liability is a legal rule that can make each responsible party answerable for the full amount of a claimant’s covered damages. The rule may apply when multiple parties contributed to one injury. A party that pays more than its share may seek contribution from other responsible parties, depending on the governing law and facts.
A liability waiver is a written agreement in which one party accepts certain risks and limits another party’s responsibility for specified injuries or losses. In personal injury cases, its wording, scope, timing, and surrounding facts determine whether it may affect a claim. A waiver does not automatically eliminate every legal right.
Also called: Waiver of Liability
Medical malpractice is a professional negligence claim alleging that a healthcare provider’s treatment fell below the accepted standard of care and caused harm. The claim may involve a doctor, nurse, hospital, clinic, or other provider. Common issues include missed diagnoses, medication errors, surgical mistakes, and failures to follow appropriate treatment procedures.
Also called: Medical Negligence
Negligence Per Se is a legal doctrine that may establish a defendant’s breach of duty when the defendant violates a safety law designed to protect people like the injured person. The injured person must still connect the violation to the injury and prove damages. The doctrine does not automatically establish every part of a claim.
A Notice of Claim is a formal written statement that tells a government body, public agency, insurer, or other responsible party about an injury claim. The notice usually identifies the incident, the injured person, and the harm involved. A notice may preserve a claim process, but it does not replace a lawsuit or prove liability.
Personal Injury Protection is optional, no-fault auto insurance coverage that may help pay an insured person's accident-related medical expenses, lost income, or essential services after a crash, regardless of who caused the collision. Coverage depends on the policy, the insured person's role in the accident, and applicable state law.
Also called: PIP
Premises Liability is a legal concept that may hold a property owner or occupier responsible when an unsafe condition causes injury to someone lawfully on the property. A claim often examines the hazard, the owner’s knowledge or reason to know about it, and whether reasonable steps could have prevented the injury.
Also called: Property Liability
Punitive Damages are monetary awards designed to punish exceptionally wrongful conduct and discourage similar behavior. They differ from compensation for medical bills, lost income, pain, or property damage. In a drunk driving accident claim, the evidence must show more than ordinary carelessness. The court considers the driver’s conduct and the strength of the supporting evidence.
Also called: Exemplary Damages
Res Ipsa Loquitur is a legal doctrine that allows negligence to be inferred from the nature of an injury when the event ordinarily would not happen without negligence, the relevant instrument or process was under the defendant’s control, and the injured person did not cause the event. The doctrine does not automatically establish liability.
Also called: The Thing Speaks for Itself
Serious Injury Threshold is a legal test used in some no-fault insurance systems to decide whether an injured person may pursue a fault-based claim outside basic benefits. The test may focus on injury severity, treatment, lasting effects, or statutory categories. Georgia car accident claims generally do not use this threshold system.
Also called: Serious Injury Requirement
Spoliation of Evidence is the loss, destruction, alteration, or failure to preserve material evidence that could help resolve a legal claim. In a product liability case, relevant evidence may include the failed product, packaging, maintenance records, photographs, inspection results, or electronic data. The conduct can affect how a court evaluates the available proof.
Also called: Evidence Spoliation
Subrogation is an insurer's right to seek repayment from the party responsible for a loss after the insurer pays its policyholder's covered claim. In a personal injury case, subrogation may involve health insurance, medical-payment coverage, or another insurer seeking reimbursement from a settlement or judgment. The right depends on the policy, payment records, and applicable law.
Also called: Right of Subrogation
Wrongful Death is a civil claim arising when a person dies because another party’s negligent, reckless, or wrongful conduct caused the death. The claim may seek compensation for losses suffered by eligible family members or the estate, including lost financial support, funeral expenses, and the value of the relationship.
Also called: Wrongful Death Claim
The information on this website is for general informational purposes only and is not legal advice, does not create an attorney-client relationship, and may not reflect current law in Decatur, Georgia, United States. Every situation is different; consult a licensed attorney about your specific matter. Prior results do not guarantee a similar outcome.
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