With 2009 about to come to a close, it’s a good time to take a little breather and take a look at some of the words or phrases you often hear in relation to a lawsuit—but might not know what they mean. They tend to get glossed over as if everyone out there took Latin for 6 years and loves to speak in legalese. So as we get ready to kick off 2010, here’s 10 for ’10…ten common legal terms you oughta know for 2010 and beyond…in plain English…
Most of us are used to thinking of “damage” as what happens after a tornado (or a couple of five year olds on M&M’s) hits town. But the weird thing about “damages” from a legal perspective is that it’s the AWARD that comes after the mess—and the lawsuit. Damages simply refers to money awarded as compensation for a legal wrong. Damages are either compensatory or punitive. Say what? It’s like Pandora’s box…keep reading…
Compensatory damages are awarded to compensate (so that’s where it comes from) the wronged party for money lost, expenses or pain and suffering due to a legal wrong committed by another party. Compensatory damages can include medical expenses, lost wages, loss of future earnings, property damage and pain and suffering. Compensatory = Compensation (well, Read the rest of this entry »
Sometimes a Pleading Ignorance topic can make you feel, well, ignorant. Just seems like all these legal terms that get thrown around in the news every day are things we should all know. But, in reality, we don’t. Case in point: according to urtak.com, when asked the question, “Do you know what the legal term tort means?” 64% of 227 respondents to date said they do not. 64%! That’s a lot of folks out there. So let’s start a little “Know your Torts!” campaign. Or, at the very least, let’s define what a tort is…
The definition provided at freedictionary.com, from The American Heritage Dictionary, is this:
Damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought.
Huh?
Basically, a tort is a civil wrong (i.e., not a criminal offense) other than a breach of contract that injures another and for which the law imposes civil liability. Read the rest of this entry »