Georgia Personal Injury Glossary M-Z

Malpractice: professional misconduct related to negligence, carelessness, lack of skill, or malicious intent

Minor: person under the age of legal competence

Mitigate: to diminish or avoid; an injured party has a duty to reduce their damages whenever possible by taking reasonable steps

Motion: formal written request submitted by a party to the court for consideration and resolution

Motion in Limine: motion asking the court to exclude or limit certain documentary evidence or testimony which is not relevant or unfairly prejudicial

Negligence: failure to exercise ordinary care

Negligence Per Se: negligent as a matter of law

Party: person taking part in a legal proceeding

Perjury: false or misleading testimony while under oath

Plaintiff: party who requests damages and initiates a lawsuit

Pleadings: formal, written documents filed by parties with the court to set form their respective claims and defenses

Power of Attorney: letter or document authorizing one person to act as agent or attorney for another

Pro Se: when a party represents himself instead of hiring an attorney

Release: waiver a claim, usually in exchange for something such as a settlement; also given before a medical procedure stating that a person will not bring a claim against the provider if anything goes wrong

Service of Process: rules of law stating manner in which summons and complaint must be delivered to a defendant

Settlement: final resolution of a claim by agreement between the parties

Special Damages: fixed costs or expenses related to an injury or loss such as medical bills, property damage, and past or future income loss

Statute of Limitations: laws which govern time frame in which a lawsuit must be filed and beyond which no claim may be made

Subpoena: written command requiring a party to be present at a legal proceeding

Summons: notice to defendants in a lawsuit that they must answer the complaint

Testimony: formal statement by a party or witness to a case under oath

Tort: body of law which determines rights and liabilities when property is damaged or a person is injured as a result of negligent or intentional conduct

Tortfeasor: Negligent party who has committed a tort

Trial: judicial examination of evidence and determination of legal and factual issues

Venue: county in which legal proceedings take place; generally must be the county where the defendant resides

Verdict: answer given by a jury to the issues and questions a judge has instructed them to resolve

Voir Dire: questioning of prospective jurors to determine who will be chosen for a jury

Waiver: knowing, intelligent, and voluntary surrender of a claim or legal right

Witness: one with knowledge related to facts of a case