Action - Proceeding taken in a court of law. Synonymous with case, suit lawsuit. Adjudication - A judgment or decree Adversary system - Basic U.S. trial system in which each of the opposing parties has opportunity to state his viewpoints before the court. Plaintiff argues for defendant's guilt (criminal) or liability (civil). Defense argues for defendant's innocence (criminal) or against liability civil) Affidavit - A written or printed declaration or statement under oath Affirm - The assertion of an appellate court that the judgment of the lower court is correct and should stand. Allegation - An assertion, declaration or statement of a party to an action made in a pleading, stating what he expects to prove. Alleged - (allegation) Stated; recited; claimed; asserted; charged. Answer - A formal response to a claim, admitting or denying the allegations in the claim. Appeal - Review of a case by a higher court. Appearance - 1. The formal proceeding by which a defendant submits to the jurisdiction of the court. 2. A written notification to the plaintiff by an attorney stating the he is representing the defendant. Arbitration - the hearing and settlement of a dispute between opposing parties by a third party whose decision the parties have agreed to accept. At issue - The time in a lawsuit when the complaining party has stated his claim and the other side has responded with denial and the matter is ready to be tried, Attorney at law - A lawyer; one who is licensed to act as a representative for another in a legal matter or proceeding. Attorney of record - An attorney , named in the records of a case, who is responsible for handling the cause on behalf of the party he represents. Bankruptcy - A legal proceeding where a person or business is relieved of paying certain debts. Best evidence - Primary evidence; the best evidence which is available; any evidence falling short of this standard is secondary. Brief - A legal document, prepared by an attorney which presents the law and facts supporting his client's case Burden of proof - Measure of proof required to prove a fact. Obligation of a party to probe facts at issue in the trial of a case. Calendar - List of cases arranged for hearing in court. Caption - The caption of a pleading, or other papers connected with a case in court, is the heading or introductory clause which shows the names of the parties, name of the court, number of the case, etc. Case - Any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a complaint, petition, indictment or information. Caseload - The number of cases a judge handles in a specific time period. Cause of action - A legal claim. Certificate under penalty of perjury - A written statement, certified by the maker as being under penalty of perjury. In many circumstances, it may be used in lieu of an affidavit. Certiorari - Procedure for removing a case from a lower court or administrative agency to a higher court for review. Challenge for cause - A request by a party that the court excuse a specific juror on the basis that the juror is biased. Citation - Summons to appear in court. 2. Reference to authorities in support of a legal argument. Civil law - All law that is not criminal law. Usually pertains to the settlement of disputes between individuals, organizations or groups and having to do with the establishment, recovery or redress of private and civil rights. Claim - The assertion of a right to money or property. Clerk of the court - An officer of a court whose principal duty is to maintain court records and preserve evidence presented during a trial. Closing argument - The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence. Code - A collection, compendium or revision of laws systematically arranged into chapters, table of contents and index and promulgated by legislative authority. Commit - To lawfully send a person to prison, a reformatory or an asylum Common law - Law which derives its authority solely from usage and customs of immemorial antiquity or from the judgments and decrees of courts. also called "case law." Comparative negligence - Negligence of a plaintiff in a civil suit which decreases his recovery by his percentage of negligence compared to a defendant's negligence. Competency - In the law of evidence, the presence of those characteristics which render a witness legally fit and qualified to give testimony. Complaint - 1. (criminal) Formal written charge that a person has committed a criminal offense. 2. (civil) Initial document entered by the plaintiff which states the claims against the defendant. Contempt of court - Any act that is meant to embarrass, hinder or obstruct a court in the administration of justice. Direct contempt is committed in the presence of the court; indirect contempt is when a lawful order is not carried out or refused. Continuance - Adjournment of the proceedings in a case from one day to another. Corroborating evidence - Evidence supplementary to that already given and tending to strengthen or confirm it. Costs - An allowance for expenses in prosecuting or defending a suit. Ordinarily does not include attorney's fees. Counter claim - Claim presented by a defendant in opposition to, or deduction from, the claim of the plaintiff. Court - 1. Place where justice is administered. 2. Judge or judges sitting on the court administering justice. Court administrator - Manager of administrative, non judicial affairs of the court. Court commissioner - A judicial officer at both trial and appellate court levels who performs many of the same duties as judges and justices. Court of appeals - Intermediate appellate court to which most appeals are taken from superior court. Court superior - State trial court of general jurisdiction. Court supreme - "Court of last resort." Highest court in the state and final appellate court. Courts of limited jurisdiction - Includes district, municipal and police courts. Crime - Conduct declared unlawful by a legislative body and for which there is a punishment of a jail or prison term, a fine or both. Criminal law - Body of law pertaining to crimes against the state or conduct detrimental to society as a whole. Violation of criminal statues are punishable by law. Cross examination - The questioning of a witness by the party opposed to the one who produced the witness. Damages - Compensation recovered in the courts by a person who has suffered loss, detriment or injury to his/her person, property or rights, through the unlawful act or negligence of another. De novo - "Anew." A trial de novo is a completely new trial held in a higher or appellate court as if the original trial had never taken place. Declamatory judgment - A judgment that declares the rights of the parties on a question of law. Decree - Decision or order of the court. A final decree completes the suit; an interlocutory decree is a provisional or preliminary decree which is not final. Default - A failure of a party to respond in a timely manner to a pleading; a failure to appear for trial. Defendant - 1 (criminal) Person charged with a crime. 2. (civil) Person against whom a civil action is brought. Defense attorney - The attorney who represents the defendant. Deposition - Sworn testimony taken and recorded in an authorized place outside of the courtroom, according to the rules of the court. Direct examination - The questioning of a witness by the party who produced the witness. Discovery - A pretrial proceeding where a party to an action may be informed about (or "discover") the facts known by other parties or witnesses. Dismissal with prejudice - Dismissal of a case by a judge which bars the losing losing party from raising the issue again in another lawsuit. Dismissal without prejudice - The losing party is permitted to sue again with the same cause of action. Disposition - 1. Determination of a charge; termination of any legal action; 2. A sentence of a juvenile offender. Dissent - The disagreement of one or more judges of a court with the decision of the majority. Docket - Book containing entries of all proceedings in a court. Due process - Constitutional guarantee that an accused person receive a fair and impartial trial. En banc "On the bench." All judges of a court sitting together to hear a case. Enjoin - To require a person to perform, or abstain or desist from some act. Evidence - Any form of proof legally presented at a trial through witnesses, records, documents, etc. Exception - A formal objection of an action of the court, during the trial of a case, in refusing a request or overruling an objection; implying that the party excepting does not acquiesce in the decision of the court and will seek to obtain its reversal. Exhibit - Paper, document or other object received by the court as evidence during a trial or hearing. Expert evidence - Testimony given by those qualified to speak with authority regarding scientific, technical or professional matters. Fact-findinq hearing - A proceeding where facts relevant to deciding a controversy are determined. Fair Preponderance-- Evidence sufficient to create in the minds of the triers of fact the belief that the party which bears the burden of proof has established its case. Felony - A crime of grave nature than a misdemeanor. Fine - A sum of money imposed upon a convicted person as punishment for a criminal offense. File - 1. The complete court record of a case. 2. "To file" a paper is to give it to the court clerk for inclusion in the case record. 3. A folder in a law office (of a case, a client, business records, etc.) Fraud - An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right or in some manner do him/her injury. General jurisdiction - Refers to courts that have no limit on the types of criminal and civil cases they may hear. Superior courts are courts of general jurisdiction. Grand Jury - A body of persons sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected criminals. Guardian ad litem - A person appointed by a court to manage the interests of a minor or incompetent person whose property is involved in litigation. Hearing - An in-court proceeding before a judge, generally open to the public. Hearsay - Evidence based on what the witness has heard someone else say, rather than what the witness has personally experienced or observed. Hung Jury - A jury whose members cannot agree on a verdict. Hypothetical question - A combination of facts and circumstances, assumed or proved, stated in such a form as to constitute a coherent state of facts upon which the opinion of an expert can be asked by way of evidence in a trial. Immunity - Freedom from duty or penalty. Impeachment of a witness - An attack on the credibility of a witness by the testimony of other witnesses. Inadmissible - That which, under the established rules of evidence, cannot be admitted or received. Induction - Writ or order by a court prohibiting a specific action from being carried out by a person or group. Informed consent - A person's agreement to allow something to happen (such as surgery) that is based on a full disclosure of facts needed to make the decision intelligently. Injure - 1. Hurt or harm 2. Violate the legal rights of another person. Instruction - Direction given by a judge regarding the applicable law in a given case. Interrogatories - Written questions developed by one party's attorney for the opposing party. Interrogatories must be answered under oath within a specific period of time. Intervention - Proceeding in a suit where a third person is allowed, with the court's permission, to join the suit as a party. Judge - An elected or appointed public official with authority to hear and decide cases in a court of law. Judgment - Final determination by a court of the rights and claims of the parties in an action. Judge pro tem - Temporary judge. Jurisdiction-- Authority of a court to exercise judicial power. Jurisprudence - The science of law. Juror - Member of a jury. Jury - Specific number of people (usually 6 or 12), selected as prescribed by law to render a decision (verdict) in a trial. Law - The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom. Law clerks - Persons trained in the law who assist the judges in researching legal opinions. Lawsuit - A civil action; a court proceeding to enforce a right (rather than to convict a criminal). Lawyer - A person licensed to practice law; other words for "lawyer" include: attorney, counsel, solicitor and barrister Lay - non-professional; for example: a lawyer would call a non-lawyer a lay person and a doctor would call a non-doctor a lay person. Lay advocate - a paralegal who specializes in representing persons in administrative hearings Leading question - One which suggests to a witness the answer desired. Prohibited on direct examination. Limited jurisdiction - Refers to courts that are limited in the types of criminal and civil cases they may hear. District, municipal and police courts are courts of limited jurisdiction. Litigant - One who is engaged in a lawsuit. Litigation - Contest in court; a law suit. Magistrate - Court official with limited authority. Malpractice. Professional misconduct or unreasonable lack of skill. A claim of malpractice must prove two things. One, you must prove that you could have won your case were it not for your lawyer's negligence. And, secondly, you must prove that your lawyer's actions were negligent. Mandate - Command from a court directing the enforcement of a judgment, sentence or decree. Misdemeanor - Criminal offenses less than felonies; generally those punishable by fine or imprisonment of less than 90 days in a local facility. A gross misdemeanor is a criminal offense for which an adult could be sent to jail for up to one year, pay a fine up to $5,000 or both. Mistrial - Erroneous or invalid trial. Usually declared because of prejudicial error in the proceedings or when there was a hung jury. Mitigating circumstances - Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame. Motion - Oral or written request made by a party to an action before, during or after a trial upon which a court issues a ruling or order. Moot - Unsettled; undecided. A moot point is one not settled by judicial decisions. Negligence - The absence of ordinary care. Oath - Written or oral pledge by a person to keep a promise or speak the truth. Objection - Statement by an attorney taking exception to testimony or the attempted admission of evidence and opposing its consideration as evidence. Of counsel - Phrase used to identify attorneys that are employed by a party to assist in the preparation and management of a case but who are not the principal attorneys of record in the case. Offender - 1. A person who has committed a felony, as established by state law and is eighteen years of age or older. 2. A person who is less than eighteen but whose felony case has been transferred by the juvenile court to a criminal court. Offer - 1. To make a proposal ; to present for acceptance or rejection. 2. To attempt to have something admitted into evidence in a trial; to introduce evidence 3. An "offer" in contract law is a proposal to make a deal. It must be communicated successfully from the person making it to the person to whom it is made and it must be the person to whom it is made and it must be definite and reasonably certain in its terms. Omnibus hearing - A pretrial hearing normally scheduled at the same time the trial date is established. Purpose of the hearing is to ensure each party receives (or "discovers") vital information concerning the case held by the other. In addition, the judge may rule on the scope of discovery or on the admissibility of challenged evidence. Opening statement - The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial. Opinion - statement of decision by a judge or court regarding a case tried before it. Published opinions are printed because they contain new legal interpretations. Unpublished opinions, based on legal precedent, are not printed. Opinion, per curiam - Phrase used to distinguish an opinion of the whole court from an opinion written by only one judge. Overrule - 1. Court's denial of any motion or point raised to the court. 2. To overturn or void a decision made in a prior case. Parties - Persons, corporations, or associations, who have commenced a law suit or who are defendants. Peremptory challenge - Procedure which parties in an action may use to reject prospective jurors without giving reason. Each side is allowed a limited number of such challenges. Petition - Written application to a court requesting a remedy available under law. Petition for review - A document filed in the state Supreme Court asking for a review of a decision made by the Court of Appeals. Perjury - Making intentionally false statements under oath. Perjury is a criminal offense. Plaintiff - The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner. Plea - A defendant's official statement of "guilty" or "not guilty" to the charge(s) made against him. Pleadings - Formal, written allegations by the parties of their respective claims. Polling the jury - A practice whereby the jurors are asked individually whether they agreed, and still agree, with the verdict. Power of attorney - Document authorizing another to act as one's agent or attorney in fact (not an attorney at law). Precedent - Previously decided case which is recognized as an authority for determining future cases. Preponderance of evidence - The general standard of proof in civil cases. The weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side. Presiding judge - Chief or administrative judge of a court. Probate - The legal process of establishing the validity of a will and settling an estate. Proceeding - Any hearing or court appearance related to the adjudication of a case. Record - 1. To preserve in writing, print or by film, tape, etc. 2. History or a case. 3. The word-for-word (verbatim) written or tape recorded account of all proceedings of a trial. Record on appeal - The portion of the record of a court of limited jurisdiction necessary to allow a superior court to review the case. Reasonable doubt - An accused person is entitled to acquittal if, in the minds of the jury, his guilt has not been proved beyond a "reasonable doubt". That state of mind of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge. Rebuttal - The introduction of contradicting or opposing evidence showing that what witnesses said occurred is not true, the stage of a trial at which such evidence may be introduced. Redirect examination - Follows cross examination and is carried out by the party who, first examined the witness. Remand - To send back. A disposition by an appellate court that results in sending the case back to the original court from which it came for further proceedings. Reply - Pleading by the plaintiff in response to the defendant's written answer. Respondent - 1. Party against whom an appeal is brought in an appellate court. the prevailing party in the trial court case. 2. A juvenile offender. Restitution - Act of giving the equivalent for any loss, damage of injury. Rests the case - When a party concludes his presentation or evidence. Reversal - Setting aside, annulling, vacating or changing to the contrary the decision of a lower court or other body. Service - Delivery of a legal document to the opposite party. Set aside - Annul or void as in "setting aside" a judgment. Settlement - 1. Conclusion of a legal matter. 2. Compromise agreement by opposing parties in a civil suit before judgment is made, eliminating the need for the judge to resolve the controversy. Settlement conference - A meeting between parties of a lawsuit, their counsel and a judge to attempt a resolution of the dispute without trial. Statute - A law created by the Legislature. Statute of limitations - Law which specifies the time within which parties must take judicial action to enforce their rights. Stay - Halting of a judicial proceeding by order of the court. Stipulation - Agreement by the attorneys or parties on opposite sides of a case regarding any matter in the trial proceedings. Subpoena - Document issued by the authority of the court to compel a witness to appear and give testimony or produce documentary evidence in a proceeding. Failure to appear or produce is punishable by contempt of court. Subpoena duces tecum - "Under penalty you shall take it with you." A process by which the court commands a witness to produce specific documents or records in a trial. Suit - Any court proceeding in which an individual seeks a decision. Summons - Document or writ directing the sheriff or other officer to notify a person that an action has been commenced against him in court and that he is required to appear, on a certain day, and answer the complaint in such action. Testimony - Any statement made by a witness under oath in a legal proceeding. Tort - An injury or wrong committed, with or without force, to the person or property of another, which gives rise to a claim for damages. Transcript - The official record or proceedings in a trial or hearing, which is kept by the clerk. Trial - The presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the case Trier of facts - The jury or, in a non-jury trial, the judge, or an administrative body. Venue - The specific county, city or geographical area in which a court has jurisdiction. Verdict - Formal decision made by a judge or jury (trier of facts). Voir dire - (pronounced "vwar-deer") - "To speak the truth." The process of preliminary examination of prospective jurors, by the court or attorneys, regarding their qualifications. Willful act - An intentional act carried out without justifiable cause. Witness - Person who testifies under oath before a court, regarding what he/she has seen, heard or otherwise observed. Writ - A special, written court order directing a person to perform, or refrain from performing, a specific act.

Negligence:

Negligence has been defined as the doing of something that a reasonably prudent person would not do or the failure to do something that a reasonably prudent person would do under the same or similar circumstances. In other words, negligence can be either affirmative conduct or the failure to engage in affirmative conduct. In the context of a car crash, or in fact any type of motor vehicle wreck, whether it be a truck crash, a bus accident, a motorcycle accident, a bicycle accident or even a pedestrian struck by a car, this could mean a broad range of behavior, from a momentary lapse of attention (not looking straight ahead when one should be looking straight ahead) causing a driver to rearend another vehicle (the rearender is, perhaps, the most common of all types of car accidents), cross a center line, fail to yield the right of way, or run a stop sign or a red light, resulting in a collision, to affirmative conduct constituting unsafe driving, such as speeding, tailgating, or drunk driving, (doing something a reasonable driver shouldn't do, i.e., driving too fast, passing when unsafe to do so, following too closely or drinking alcohol followed by driving while impaired or intoxicated). The hypothetical "reasonable person" standard is used as the basis to judge human behavior. A reasonable person utilizes care and caution under circumstances in which it is foreseeable that the failure to do so would pose an unreasonable risk of injury or harm to others.

The Defense of Contributory Negligence:

The doctrine of contributory negligence is an affirmative defense to an automobile accident claim and is typically raised by a defense attorney in the Plaintiff's lawsuit in an effort to defeat the accident lawsuit. A plaintiff's own negligence which is a proximate cause of the automobile accident serves to defeat the plaintiff's claim, even if the defendant was also negligent. Under the common law doctrine of contributory negligence there is no comparison of the fault of a plaintiff and the fault of a defendant. Even where a defendant's negligence is, seemingly, much more serious, the plaintiff's own negligence in the car accident will defeat the claim. This rule has been criticized as unduly harsh by many attorneys and has given rise to various methods to escape from the effects of the doctrine, including the judicially created "last clear chance" doctrine and the doctrine of comparative negligence in some states. Maryland, the District of Columbia (D.C.) and Virginia (VA) are common law contributory negligence jurisdictions.

Comparative Negligence:

As noted, criticism by attorneys, judges and legal educators of the doctrine of contributory negligence as unduly harsh has led most states to modify the common law rule by enacting comparative negligence statutes. In these states, the fact finder (judge or jury) in a wreck lawsuit, rather than deny the plaintiff in a car accident case any recovery, is permitted to compare and apportion the negligence of the plaintiff against that of the defendant and adjust its damage award to the plaintiff according to the degree of contributory negligence of the plaintiff. For instance, assume a plaintiff and defendant are both found to have been driving negligently and that negligent driving caused a car crash. As between the plaintiff and defendant a jury in the accident lawsuit finds that the plaintiff's negligence contributed 40% to the car accident, and the defendant's negligence contributed 60% to the car accident. The jury would then decide upon the amount of injuries and damages sustained by the plaintiff and would reduce them by 40%, representing the plaintiff's percentage of contribution. Most states with comparative negligence statutes draw the line where the plaintiff's contribution is found to reach 50%. In these "modified comparative negligence" states, at the point where the plaintiff has been found to be equally as at fault in causing the motor vehicle accident as the defendant, recovery in the lawsuit is denied. However, there are some states with "pure comparative negligence" statutes, that permit a plaintiff to recover in the automobile accident lawsuit even if the plaintiff's own negligence was responsible for 95% of the auto accident. Such a plaintiff would recover only 5% of his or her injuries and damages.

The Defense of Assumption of Risk:

The doctrine of assumption of risk bars a claim for negligence when it can be shown that the plaintiff, by his or her conduct, voluntarily chose to encounter a known and specific danger and either fully appreciated or should have fully appreciated the risks posed by that conduct. It is rarely applicable in car accident claims, because it involves intentional, as opposed to negligent, behavior. However, since it is a defense at common law to a negligence claim, under the appropriate set of circumstances, attorneys for defendants may assert it in lawsuits arising out of auto accident claims.

Last Clear Chance - An Exception To Contributory Negligence:

As indicated above, the doctrine of last clear chance is a means of avoiding the effect of the doctrine of contributory negligence. A plaintiff who is contributorily negligent may nevertheless recover in the motor vehicle accident lawsuit if the plaintiff is in a situation of helpless peril, and thereafter the defendant had a fresh opportunity to avoid injury to the plaintiff and negligently failed to do so. Under these circumstances it is said that the defendant had the "last clear chance." Maryland has an unusual limitation on the application of last clear chance in car accident lawsuits and other negligence cases that renders this defense inapplicable in many cases.

Burden of Proof:

The burden of proof in all negligence lawsuits, including auto accident claims, is on the plaintiff. This means that the plaintiff's lawyer must go forward first with the evidence at the trial of the accident lawsuit and must present evidence from which a fact finder (judge or jury) could reasonably infer that the defendant was negligent, that the defendant's negligence proximately caused the car accident and that the plaintiff's injuries are causally related to the car accident. This does not mean that the plaintiff's attorney must present absolute or positive proof or that the evidence presented by the attorney in the lawsuit must be conclusive or convincing. It also does not mean that the plaintiff must win. It only means that the plaintiff's attorney must present sufficient evidence in the accident lawsuit so that a reasonable judge or jury might conclude in favor of the plaintiff. This is called prima facie case. The burden of proof on the issue of negligence can be met by testimony as simple as that of the plaintiff to the effect that he or she observed the defendant speeding or crossing the center line. Once the attorneys for the plaintiff have presented all of their evidence, the burden of proof in the lawsuit then shifts to the defendant's lawyer to present evidence of any affirmative defenses. If the defense attorneys contend the plaintiff was contributorily negligent, they have the burden of producing evidence from which a reasonable judge or jury might conclude that the plaintiff was contributorily negligent. Similar to the plaintiff's burden of proof on the issue of negligence, a defendant's burden of proof of contributory negligence need not be conclusive or convincing. It merely must permit a reasonable fact finder to decide in his or her favor based upon the evidence.

The standard of proof in most civil cases, including automobile accident cases, is called the preponderance of the evidence standard. It is less strict than the standard in criminal cases of proof  beyond a reasonable doubt . The "preponderance of the evidence" standard has been defined to mean the more persuasive evidence or the evidence which is more likely than not to be true or accurate as to what happened on an issue. Judges frequently illustrate this standard for juries sitting in judgment of accident lawsuits by comparing it to the scale of justice. If one party's evidence is placed on one side of the scale and the other party's evidence is placed on the other side of the scale, the slightest tipping in favor of the party bearing the burden of proof on an issue means that that party has prevailed on the particular issue. If the scale remains evenly balanced, then the party who bears the burden of proof on an issue has failed to sustain the burden. Each party who has the burden of proof on a particular issue, in order to prevail on that issue, must sustain their burden of proof based upon a "preponderance of the evidence".

Proximate Cause:

On the surface, proximate cause appears to be one of the simplest concepts in negligence law, whereas, in reality, most attorneys consider it to be among the most difficult and vague of legal concepts. Over the centuries courts have defined it differently. Some attorneys contend that it is an example of where the judicial system applies a

However, a basic definition is that the auto accident and injury must be shown to be the natural and probable result or consequence of the acts of negligence alleged by the attorneys in the lawsuit to have been committed. The attorney for the plaintiff must prove that any negligence of which the defendant is accused proximately caused the accident and his or her injuries. A defense attorney must at the same time prove that any contributory negligence of the plaintiff proximately caused the accident and any injuries of which the plaintiff complains. There may be more than one proximate cause of an auto accident. Two, three or even four acts of negligence by different people may concur to cause the same accident, yet each may be deemed to be a proximate cause of the auto accident.

Damages:

In automobile accident claims, as in all negligence cases, the injured party may recover for physical pain and suffering, mental pain and suffering, medical and rehabilitative expenses, lost income, both past and future, permanent impairment and permanent disfigurement. Other incidental expenses proximately caused by the accident are also covered. In addition, the lawyer may join the spouse of the victim in the accident lawsuit to recover for damage to the marital relationship. This is called loss of consortium, and it is ordinarily a joint count in the Complaint (accident lawsuit document that begins a case) by both the husband and wife. Loss of consortium generally includes any negative effect upon the marital relationship proximately caused by the auto accident and can be defined as loss of the spouse's love, companionship, comfort, affection, society, solace or moral support, enjoyment of sexual relations, the ability to have children, and physical assistance in the operation and maintenance of the home. Loss of consortium can be either temporary or permanent.

No-Fault Laws:

No-fault, in its purest form, would entirely eliminate any concept of fault from the civil tort system when dealing with car accident claims and lawsuits. It would also eliminate any claim by the victim for non-economic losses, including physical and mental pain and suffering, permanent impairment, and disfigurement. Economic losses such as medical bills and lost income would be paid by a person's own auto insurance. This type of law is the insurance industry's dream, because it would increase profits by both substantially increasing premiums and by eliminating a major component of fair compensation for victims of automobile accidents, namely, recovery for non-economic losses. Fortunately, no state has adopted a pure no-fault system for car accident claims, and several have specifically rejected such proposals. Rather, several states have adopted modifications of pure no-fault. In some states, a party's own insurance pays for medical and lost income expenses, and the victim's lawyer cannot make a claim against the negligent driver for non-economic damages unless and until a threshold has been reached of a specific dollar amount. In other words, as an example, attorneys for the victim may not be permitted to sue for pain and suffering or permanent impairment unless $5,000.00 in medical expenses has been incurred. In other states, rather than impose a dollar amount as the threshold, the law imposes a permanency threshold, requiring that some serious impairment of body function, permanent serious disfigurement, or death occur before attorneys for the plaintiff may bring a suit to recover for non-economic damages. Some laws combine a dollar threshold with a permanency threshold on auto accident lawsuits. Variations on these themes exist in the laws of some states. The District of Columbia (D.C.) has such a law, but Maryland and Virginia do not. By and large, the no-fault system for car accident claims has successfully accomplished only one thing ... increasing the profits of the insurance industry. Savings have either not resulted or have not been passed on to consumers. The failure of no-fault systems, like other schemes foisted upon the public by an insurance industry which is poorly regulated and is exempt from anti-trust laws, is apparent. No state has switched from a tort system to a no-fault system since 1976. Connecticut, Georgia and Nevada have repealed no-fault and returned to a common law tort system for dealing with car accident lawsuits.

Automobile Accident Insurance:

Automobile accident insurance policies are divided into a number of different types of coverages: Accident Liability Insurance

The liability portion of a car insurance policy is specifically for defending and settling any claims or paying any judgments rendered against the insured driver in an auto negligence claim. There are two subcategories of liability insurance: bodily injury liability coverage and property damage liability coverage. When a plaintiff is injured in a car accident by the negligence of a defendant, assuming the plaintiff does not live in a jurisdiction that has a modified no-fault law that would limit the circumstances under which a car accident claim could be brought, attorneys for the plaintiff make a claim under the bodily injury liability coverage of the negligent defendant's car insurance policy. Liability coverage is not health insurance, and it is not designed to pay for medical bills of the plaintiff as they are incurred. It is designed for a one time settlement or payment for all of the plaintiff's causally related injuries and damages. On occasion, liability insurance carriers pay medical bills of unrepresented plaintiffs. They do this to keep the unrepresented plaintiff happy so that he or she will not seek an attorney to file an accident lawsuit. However, they always claim a credit toward any settlement, award, judgment or other recovery at the end of the claim.

Automobile accident law suits in most states must be filed against the negligent driver as the named defendant and the attorney filing the lawsuit may not also name the car insurance company as a defendant. Most states do not even permit a jury to hear or learn that there is car insurance coverage for the defendant. However, even though the insurance carrier is not named as a defendant, it has a duty to defend the claim by hiring an attorney to represent the negligent defendant. If a jury renders a verdict in the auto accident lawsuit in excess of the defendant's policy limit, the defendant is then personally liable out of his or her own assets for the excess of the verdict over his or her insurance policy limit. An "excess verdict" can be devastating to a defendant, often resulting in bankruptcy. For this reason, even though the negligent driver frequently is upset at being accused of negligence and frequently wants his or her day in court, it is strongly in the interests of the defendant to have his or her own insurance company settle the car accident claim within the policy limits, rather than proceed to trial in the accident lawsuit. On the other hand, the insurance company (and the attorney hired by the insurance company to defend the case) has an inherent conflict of interest with its insured, in that it always prefers to settle the claim for an amount under the insurance policy limit, even if the case is worth more than the policy limit. As a result of this conflict of interest and the devastating impact an excess verdict can have on an insured, the law imposes on insurance carriers a duty to their insureds to exercise good faith in seeking to settle claims within the policy limits of their insureds' policies. It is considered bad faith for a liability insurance carrier's lawyers to simply refuse to offer a $20,000 insurance policy limit in settlement to a victim whose damages likely will produce a verdict of $100,000 if the case goes to court, because the excess verdict in the lawsuit will make their own insured who they are supposed to be defending personally liable for the excess over his insurance coverage. Under these circumstances, after an excess verdict has been rendered, the lawyer for the plaintiff who has received the excess verdict may sue the insurance company for its bad faith failure to settle the claim within the policy limits.

Med-Pay or Personal Injury Protection:

Built in to many automobile insurance policies (also other types of insurance policies, including homeowners insurance) is a form of health and/or lost earnings insurance coverage called by various terms, including med-pay, personal injury protection (PIP), or economic loss protection benefits. This coverage is available to the insured driver and any passengers in the insured's vehicle for injuries sustained, regardless of the fault of the driver. It is important to note that the insurance policy of the negligent defendant does not pay med-pay or PIP benefits to the injured plaintiff in most situations. These benefits are limited to the driver of or passengers in the insured vehicle. The plaintiff looks to his own insurance policy or the policy on the vehicle in which he was a passenger for med-pay or PIP benefits. Pedestrians are often covered by PIP benefits on the car that strikes them.

Depending on the state, lost earnings may be covered by PIP benefits or economic loss protection benefits. Simple med-pay benefits ordinarily do not include lost earnings.

The amount of med-pay, PIP or economic loss protection benefits is determined by reference to the policy limit for this particular type of coverage, which may, in turn, be dictated by the law of the state in which the policy is issued. In MD (Maryland) all auto liability insurance policies must (unless waived) carry at least $2,500 in PIP benefits to cover medical bills, lost wages or any combination of the two. In DC (District of Columbia) PIP benefits generally are written in much larger amounts, although PIP itself is not mandatory in DC. VA (Virginia) does not have mandatory PIP or med pay, but most VA automobile insurance policies do carry med pay.

Uninsured and Underinsured Motorist Benefits:

This type of benefit may be provided by the victim's own insurance policy and it protects the victim of a car accident against a negligent driver not having liability insurance coverage or having inadequate liability insurance coverage. In the event of a motor vehicle accident involving an uninsured but negligent defendant, the attorney for the victim makes a claim under his client's own uninsured motorist coverage and the victim's own insurance carrier then settles the claim or pays any judgment which may be rendered in the auto accident lawsuit. If a defendant has liability insurance, but the policy limit of the defendant's liability insurance is less than the uninsured motorist coverage of the victim under his or her own policy, the lawyer for the Plaintiff may make a claim under his client's own policy for what are called underinsured motorist benefits. A complicated body of case law has evolved dealing with this type of benefit, and each state has its own law dealing with the various issues which arise. There are significant differences in the rulings between the states on the same issues.

Automobile Collision Coverage:

Automobile collision coverage provides for the repair or replacement of an insured's own vehicle after a car accident. Fault is not an issue. This is to be distinguished from property damage liability insurance coverage discussed above. The innocent victim of a car accident may have the choice to present a claim for the property damage under his own collision coverage or under the negligent defendant's property damage liability insurance coverage. Collision coverage ordinarily carries with it a deductible, whereas property damage liability insurance coverage does not. In an auto accident case, after a claim has been paid under collision coverage, the insurance carrier who paid the claim may proceed against the property damage liability insurance carrier for the negligent defendant to recover for the amount paid out. This is called subrogation. Between insurance carriers subrogation for collision coverage payments is most often handled by arbitration.

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