Legal Terms

Accident Reconstruction
Adjuster or Insurance Adjuster
Adverse Medical Examination or Independent Medical Exam (IME)
Arbitration and Arbitration Awards
Assigned Claims Plan
Attorney-Client Privilege
Claim and Claimant
Claim Evaluation
Complaint
Contingent Fee Agreement
Damages
Deductible
Deposition
Discovery
Dram Shop Claim
Economist
Expert Witnesses
Interrogatories
Investigation
Lawsuit
Liability
Loss of Consortium
Mediation
Medical Malpractice
Medical Records, Records Release and Histories
Minor
No-Fault Thresholds
Occupation Rehabilitation/Vocational Expert
Pecuniary Loss
Physician-Patient Privilege
Plaintiffs (and Defendants)
Product Liability
Property Damage
Restrictions
Settlement
Statute of Limitations
Subpoena
Traffic Collision Report
Trial
Witnesses
Wrongful Death

Accident Reconstruction
Most crashes are simple to figure out who is at fault. If you are rear-ended, the other person is to blame. Some crashes however are more complex. "Accident reconstruction" is a scientific method for analyzing what actually happened in a traffic collision by examining the evidence and resulting damage and working backwards to the cause of the crash. Evidence reviewed could be weather conditions, speed of vehicles, skid marks, property damage, witness accounts and any other variable that could help shed light on the true facts of the crash.

There are specialists called "accident reconstructionists." State Patrol Officers often take courses to learn the trade. Other people can become specialists also and often are called into trial to help a jury determine who is at fault.

Adjuster or Insurance Adjuster
Adjusters work for insurance companies. Their job is to evaluate new claims, sometimes meet the injured or at fault parties and in the end make a determination as to the value of a claim. Often, claims adjuster's opinions are different than an attorneys and often they try to settle cases as quickly and cheaply as possible. The less they pay, the more their company earns as a profit.

As a general rule, claims adjusters are nice people doing their jobs. Just remember that their interests are not always for your benefit.

Adverse Medical Examination or Independent Medical Exam (IME)
This is a medical evaluation scheduled by an insurance company. They are real doctors but they are chosen because of certain opinions that tend to always be the same. The end results of these exams is the insurance company concluding you are not hurt or your injuries were caused by something other than a car accident or work injury.

IME doctors are professional who often are called to testify at trial and make great witnesses. Your law firm needs to be familiar with these types of doctors so a cross examination can be effective. The attorneys at Terry & Slane keep extensive histories of these doctors and have prior reports to show bias. We also keep track of their income to help juries understand the financial windfall some of these professional doctors are getting.

Arbitration and Arbitration Awards
Arbitration is an informal legal proceeding, often used to get medical bills and wage loss paid after an IME cutoff. A neutral party is selected by your attorney and the insurance attorney to serve as a judge.

The award can be binding or non-binding depending on the agreement of the parties. Binding means it is final and cannot be appealed. Non-binding arbitrations are usually reserved to get a better idea of a cases worth with each party able to appeal or proceed to regular court.

Assigned Claims Plan
This is a safety net of auto insurance, sponsored by the State of Minnesota, to pay medical bills and wage loss. You are eligible if you do not own an uninsured car, do not reside with anyone who owns an uninsured car and was in a vehicle without insurance that you do not own. An in person interview and paperwork must be completed.

Attorney-Client Privilege
This is the doctrine where conversations with your attorney cannot be disclosed to anyone else without your permission. Certain documents are also protected under this law.

Newer attorneys sometimes make a mistake and allow this confidential information to be discovered by the other side. Be careful whom you hire so your private information is not revealed.

Claim and Claimant
A claim is made by an injured person or their attorney against an insurance company for injuries suffered. The injured person is often called a claimant.

The claim usually starts with a letter to the insurance company. If negotiations do not resolve the claim, a lawsuit may be started against the individual who is at fault. His or her insurance company will hire an attorney to defend and the claim turns into a lawsuit.

A claim may also be made to your own insurance for no-fault benefits, uninsured benefits or underinsured benefits. Wage loss and medical bills need to be reimbursed and your attorney can handle all of the claim papers. Sometimes the at fault party does not have insurance and a claim can be made for uninsured coverage. If the at fault party had insurance, but not enough, an underinsured claim can be made against your own insurance.

There are several factors an injured person must be aware of when reporting a claim to any insurance companies. A claim must be made as quickly as possible. Some policies have provisions that would deny a claim if it is not made within a certain time frame. Speaking with an attorney before filing a claim is acceptable, as long as the delay is not greater than a day or two.

The type of information requested when making a claim is clear. They will want to know what happened, who is hurt and what medical bills or wage loss have accrued. An attorney can also mention a few items that do not have to be told to any insurance company.

Claim Evaluation
Claim adjusters must eventually determine the value of your case. One of the best reasons to hire an attorney is to help with this evaluation. Insurance companies have formula and rituals that limit what they will offer. Laypeople usually have difficult times grasping what their case may be worth. You have no history or reference point to start from and your number may be too low or too high. The biggest regret people have without an attorney is settling too early and too low. It is a definite disadvantage in the bargaining process and an extreme vulnerability if you do not know a reasonable value of the claim.

Each claim is unique, but there are certain issues that often arise which affect the value of a claim. They are:  The injury (fractures and surgery versus soft tissue pain), amount of damage to the vehicles involved, pre-existing injuries you have had to the same body parts, how much work you miss and the which doctors you see for treatment.

Our attorneys will balance all of the factors and give you an honest assessment of your case's value. We will also utilize jury verdict trends, internet literature and our library to best explain to the insurance company how your injury occurred and affects your life.

Complaint
This is the legal document that formally starts a lawsuit. For a majority of Minnesota cases, the Complaint simply needs to layout the parties, called the plaintiff and defendant, who is at fault (legal theory or statutes) and the damages sustained. One of the most important pieces of the Complaint is naming the correct defendant. Naming errors may damage a case beyond repair, so investigation must be done before a case is sued out.

Contingent Fee Agreement
When you hire an attorney, a contract is signed. Personal injury attorneys do not charge by the hour. We work on a contingency fee agreement, which means we earn a living only if you win. Our pay is contingent on your victory.

Firms also charge cost reimbursement to settle the case. Typically this includes investigation, medical reports, witness fees, court costs and other out of pocket expenses. Terry and Slane is different from many other firms in that we do not charge costs if you lose. In other words, there is no risk at all and you will never owe our firm any money.

Damages
There are two different types of damages. Pain and suffering damages are for emotional and physical pain a person experiences. These are often coined  "soft damages" because a jury cannot see them.

Compensatory damages, "hard damages", are the identifiable numbers such as wage loss and medical expenses. Juries tend to award hard damages easier than soft damages because of the ability to "see" the numbers and want to make a person whole.

An attorney is best utilized in his/her ability to explain the soft damages as well as the hard.

Deductible
Your insurance contract may include a deductible which means the first part of a loss is your burden with the insurance company paying the rest. A typical deductible is $250.00 for property damage claims. You have the right to choose your deductible when purchasing coverage.

Deposition
This is a form of the "discovery" process during which a plaintiff, a defendant, a witness, or expert witness, who has pertinent information about a lawsuit, can be questioned under oath by the attorneys involved.

A court reporter documents all questions and answers and the testimony gathered is used in court. It also allows each side understand what will be presented in court and sometimes will foster settlement discussions.

Discovery
Once a lawsuit is under way, all parties to the dispute have the right to discover evidence about each other. Discovery starts with "interrogatories", written questions about who you are, what you saw and what happened. The second step of discovery are "depositions." 

Insurance companies will also want to read medical records via releases and hire an "independent examiner" to give an opinion regarding your injuries.

Dram Shop Claim
It is illegal to sell liquor to underage persons, less than 21, and to obviously intoxicated individuals. If a bar, restaurant, liquor store or other liquor license holder sells liquor in violation of these rules; they may be liable for injuries caused by the intoxicated person.

For example, if a bar makes an illegal sale and the drunk driver injures another person, the bar may be partially responsible for the injuries. 

Economist
Economists are experts employed to describe an injured person's monetary losses projected into the future. An economist can be useful when it is unclear what the future value of a person's losses would be in today's dollars.

An example could be loss of earning capacity for a professional who is unable to work, such as a doctor who has nerve damage in her hand and can not perform surgery. An Economist would calculate present day dollar for the entire future loss.

Expert Witnesses
These witnesses are people with special training in fields that lay people may not understand with put explanation. They could include: accident reconstruction, economics, engineering or medicine.

Expert witnesses are used in every case. Doctors are the most common. In complicated cases, experts may be the difference from winning and losing. Our attorneys are familiar with the best experts that can help explain your injuries or how the injury occurred. The insurance company will have their experts and you need to use our expertise to combat them.

Interrogatories
Interrogatories are a form of "discovery." They are written questions each side present to the other to gather basic information such as names, addresses, work history, prior medical history and current complained of injuries. The answers are done under the penalty of perjury and are usually the basis of a later "deposition."

Our staff will help explain unclear or tricky questions and make sure they conform to the rules of evidence under Minnesota law. We will also eliminate questions that legally do not need to be answered.

Investigation
Prompt investigation of the crash or injury facts represents one of the most important aspects of hiring a good law firm. Witnesses forget and change their story after friends or family give advice. Our attorneys and investigators will interview witness, talk with doctors and photograph all relevant areas, such as intersections, on/off ramps, property damage or scarring and physical injuries. A photo is worth a thousand words and we want to make sure we have the photos.

Lawsuit
"Lawsuit" is a term meaning a formal legal action made by one party, the injured party called the plaintiff, against another, the defendant, in which the plaintiff seeks compensation for damages that he/she claim were caused by the defendant.

Liability
Liability is any legal responsibility, duty or obligation that one person/party owes another. Proving liability is often the hardest facet of a case. It may be obvious that the plaintiff is hurt, but if the defendant is not "liable", there is no compensation for the injuries.

Expert witnesses and/or accident reconstructionists may be used to determine liability. Our attorney's will secure witnesses and select experts to best represent your interests.

There may be multiple parties liable to the "plaintiff" under different theories of the law. For example, an injured worker may have a claim against his company for failure to warn of a danger and also there may be a third party (not part of the same company) that also is negligent and therefore liable to the plaintiff.

Another example is a car crash with one person speeding and another not keeping a proper lookout. If both of the other people are at fault, they both may be liable to the plaintiff for injuries. Bars and drunk drivers also are often both liable to plaintiffs if the investigation shows an illegal sale.

Loss of Consortium
The spouse of an injured person may also have a claim for "damages."

Loss of consortium may include: the spouse's inability to care for the home, family or children because of the injury, and also the burden that is put on the marriage by the injuries sustained by one of the marriage partners.

Mediation
Judges often request mediation to help settle a case before trial. A neutral third party (often a retired judge or experienced attorney in the field) is hired by the involved attorneys. The mediator has no power to force settlement, but often can help each side see the benefit of avoiding trial.

The fees associated with the mediation are paid for by each attorney with you repaying the attorney only if you get a successful result in the end.

Medical Malpractice
Medical malpractice is the failure of a professional to follow the accepted standards of practice of his/her profession. When a person is injured due to the negligence of a doctor or nurse, the injured person may be able to pursue a medical malpractice claim against the negligent person and his/her employer (such as a hospital or clinic).

Medical Records, Records Release and Histories
Medical records are one of the most important element of any injury case. They provide information such as:  diagnoses, prognoses and prescribed treatments. The notes may explain long term problem to be expected or past medical histories that play a part in the current pain.

In personal injury cases, opposing insurance companies or parties to a lawsuit will obtain your records to verify your injury. Our firm utilizes special forms to protect your privacy and only allow the other party to look at relevant information.

Minor
Generally, a person under the age of 18. However, persons under the age of 21 are sometimes referred to as "minors" because they are not of legal drinking age in the State of Minnesota.

No-Fault Thresholds
In order to bring a claim for pain and suffering damages arising out of an automobile collision in the State of Minnesota, the injured person must meet a "no-fault threshold." No claim for pain and suffering is allowed unless one of five thresholds are met. A jury determines if any threshold is met.

The five no-fault thresholds in Minnesota are:

a. Death
b. Permanent disfigurement
c. Medical bills in excess of $4,000, excluding x-rays.
d. 60 days of disability, disability being defined as inability to engage in substantially all of a person's normal activities,
e. Permanent injury. A permanent injury being defined as an injury which may improve or worsen, but is reasonably certain to persist to some extent throughout a persons' life.

It is important to remember that an injured party may collect medical bills, wage loss and property damage without attaining a threshold. The thresholds are only for pain and suffering compensation.

Occupation Rehabilitation/Vocational Expert
This type of expert helps a jury understand what an injured person has to do to change jobs or simply change their work habits at the same job. They also may help the plaintiff find a different line of work that fits in with their injury "restrictions."

Personal injury lawyers frequently employ occupational and vocational rehabilitation experts as expert witnesses. This is because they can estimate the costs of retraining a permanently injured person and are also able to estimate the person's long-range prospects for employment. These considerations are often a major part of the monetary damages in a personal injury case.

Pecuniary Loss
Pecuniary loss means the loss of money, or things that have monetary value. This includes not only the value of the loss of the deceased person's earnings, but also the services he/she provided, whether around the home, caring for the children, or in other ways. In addition, however, Minnesota law includes the value of the loss of the aide, comfort and society of the deceased person as part of the "pecuniary" loss. Unfortunately, Minnesota law does not allow for the recovery of damages for the grief, and emotional distress that comes from losing a loved one.

Physician-Patient Privilege
This "privilege" refers to a duty of confidentiality under the law owed by physicians to their patients regarding the patients' medical records, as well as any communications between doctor and patient.

Plaintiffs (and Defendants)
In personal injury cases, the "plaintiffs" are the person/s injured and making a claim for damages by filing the lawsuit. The "defendant" is the person/s or entity named as responsible for the injury in the lawsuit.

Product Liability
Some injuries occur as the result of a defective product. The product itself may be physically defective or it may lack a proper warning to protect the consumer of a reasonably known risk.

An example of this might be the case of an automobile that fails to protect its occupants in a roll over crash. Their may be a claim against both the auto manufacturer and the at fault driver.

It is important to identify all potential "defendants" in a products case because of the chain of manufacture and different theories of liability for each.

Property Damage
"Plaintiff's" may make a claim for property damage to their vehicle. The claim may be to fix the vehicle or if the damage is too extreme, to pay off the loan of the car. Rental vehicles can also be reimbursed.

The easiest way to recover property damage is through the plaintiff's own insurance. A "deductible" would apply, but the majority of the claim is done with your insurance seeking repayment from the "defendant."

Restrictions
When a person is injured, he/she may have physical limitations put on them or restrictions. A doctor will usually determine what, if any, restrictions are appropriate. One reason they are applied is to stop further injury to the plaintiff during normal work or household activates.

Settlement
Settlement refers to the final resolution of a claim or lawsuit, which can come at any stage before a jury verdict or a binding arbitration award. In other words, the parties involved have decided to "settle" the case by reaching a mutually agreeable value for the settlement.

Statute of Limitations
This is a legally determined time limit within which a case must be sued out by the "plaintiff" against the "defendant." If a case is not begun within the statute of limitations, it is forever barred.

Many causes of action have different time limits. For example, a typical car crash is six years but a slip and fall maybe as little as two.

To properly determine the Statue of Limitations for your case, please call one of our attorneys today. Your delay may make the case legally disappear.

Subpoena
This is an order compelling a person to testify or to produce documents. In lawsuits, both plaintiffs and defendants can automatically require each other to respond to certain kinds of discovery or appear at various kinds of hearings.

Subpoenas may also be served on non-parties such as witnesses, doctors or police officers.

Traffic Collision Report
Police Officers or State Patrol Officers will automatically create a report of how the crash happened if an ambulance is involved. Because of budget cuts in recent years, only severe crashes with injuries warrant reports. 

The report will contain important information about each driver, the insurance and any relevant witnesses. The report is not admissible in court, but may be used to refresh a witnesses' memory.

Trial
If the "plaintiff" and "defendant" cannot settle, the case goes to trial. In that instance, the case may already have passed through the settlement demand period, filing of the lawsuit, discovery, arbitration, mediation. Trial is the concluding stage of the court process ending in a jury verdict.

Our attorneys will be well prepared, know the local and state rules of evidence, understand the jury selection process and goals, know how to create and present evidence, cross exam witnesses and explain to the jury what the case is about.

Witnesses
In personal injury cases, there are both lay witnesses and "expert witnesses." Expert witnesses, for example, can be engineers, doctors or other kinds of professionals who are qualified because of their training and expertise to provide evidence during a case in the form of "expert opinions" related to the facts of that case.

Ordinary lay witnesses play a different role, but can also be critically important to positive verdict. Lay witnesses are not legally connected with either party and may be viewed as more believable.

See also "economist" and "expert witnesses".

Wrongful Death
“Wrongful death” relates to a person dying due to the negligence of another party. Generally speaking, the rules for both wrongful death claims are the same as for non-fatal claims. There are, however, two main differences. The first difference is a trustee is assigned to represent the deceased party. Secondly, the "statute of limitations" is three years instead of the normal six years in a general negligence claim.