Glossary Category
Click to jump to each category for a full list of related terms
Accident Types
Accidents involving moving vehicles, including collisions with cars, trucks, bicycles, pedestrians, motorcycles, and scooters.
A crash or collision when a driver engages in driving behaviors like tailgating, speeding, weaving through traffic, or road rage. These behaviors can increase the risk of collisions and serious injuries.
A type of crash that happens when a driver does not give the right-of-way as required by law, such as at intersections, crosswalks, or merge points. These incidents may involve pedestrians, cyclists, or vehicles that legally have priority.
A crash in which two vehicles collide front-to-front, often while traveling in opposite directions. Because of the direct impact, these are among the most dangerous types of crashes and may cause severe injuries.
A crash or collision where a driver leaves the scene without identifying themselves or providing reasonable assistance to anyone who may be injured, which is illegal in Georgia under O.C.G.A. § 40-6-270.
A collision caused by a person operating a vehicle while under the influence of alcohol, drugs, or other substances that reduce judgment, coordination or reaction time, which is a criminal offense under Georgia’s DUI law as referenced in O.C.G.A. § 40-6-391.
A collision that occurs where two or more roads meet, such as at a stop sign, traffic light, or uncontrolled intersection. These crashes often involve questions about right of way, signal timing, or left turns across traffic.
A collision that happens when a driver moves into another lane without enough space or proper observation. These crashes often involve abrupt lane changes and may lead to sideswipe impacts or loss of control.
A collision that occurs when a vehicle turning left crosses the path of oncoming or crossing traffic. Fault in these crashes may depend on factors such as speed, signals, and whether each driver followed the right of way rules.
A collision involving three or more vehicles in a series of impacts. These crashes can create complex questions about how fault is shared between the drivers.
An incident where a vehicle causes another vehicle to crash or causes a pedestrian to be injured without any physical impact between them, such as a car swerving into another lane or forcing evasive action.
A low speed collision that takes place in a parking lot or garage, such as when backing out of a space or pulling through a lane. Even at lower speeds, these incidents can cause injuries and raise questions about visibility, right of way, and safe driving.
When one vehicle strikes the back of another, often due to sudden stops or reduced following distance. These crashes are commonly associated with distracted driving, speeding, or tailgating.
An accident in which a vehicle rolls onto its side or roof, sometimes due to sharp turns, high speeds, or loss of control.
A collision in which two vehicles traveling next to each other make contact along their sides, often when changing lanes without clearance when merging or passing. This kind of crash can lead to further collisions if either driver loses control.
An accident involving only one vehicle, such as when a driver hits an object, loses control, or leaves the roadway.
A T-bone car accident, also known as a side-impact collision or broadside collision, occurs when the front of one vehicle collides with the side of another vehicle, forming a “T” shape at the point of impact.
Auto Accident
An unexpected collision involving one or more motor vehicles, often resulting in property damage, injury, or loss of life. These incidents may be caused by factors such as driver error, mechanical failure, dangerous road conditions, or weather-related hazards.
Accident reconstruction is a specialized investigative process used to determine how and why a crash occurred. It may involve examining vehicle damage, skid marks, debris, scene measurements, photos or video, and Event Data Recorder (EDR) data to help explain the mechanics of the collision.
The Crash Severity Index (CSI) is a technical rating used to assess the impact force and damage potential of a motor vehicle accident. It typically combines information such as the vehicles’ speeds at impact, their weight, the direction of the forces involved, and the amount of structural damage, to help estimate the likely force of the collision and potential for serious injury.
A police report is an official document created by law enforcement that records the key details of an incident, such as a car accident. It usually includes the responding officer’s observations, statements from involved parties and witnesses, insurance and vehicle information and any citations or charges issued.
Bicycle Injury
An injury that occurs as a result of a bicycle crash or incident involving a cyclist. In Georgia, bicyclists are generally subject to the state’s traffic laws and have many of the same legal rights and responsibilities as motor vehicle drivers.
An unsafe or poorly maintained condition in areas meant for cyclists, such as damaged pavement, missing signage, or obstructed paths.
When a motor vehicle enters, crosses, or blocks a designated bicycle lane in violation of traffic rules.
The space, often marked by painted lines or physical barriers, that separates a bike lane from adjacent motor vehicle traffic.
Rules that apply to riding a bicycle after dark, including requirements for lights and reflectors. In Georgia, O.C.G.A. § 40-6-296 requires a white front light and a red rear light or approved reflector that are visible from about 300 feet.
A cyclist’s responsibility to ride in a reasonably safe way, follow traffic laws, and take precautions to avoid harming themselves or others. In Georgia, this includes riding with the flow of traffic, using hand signals when turning or stopping, and yielding when required.
A type of bicycle crash that occurs when someone in a parked or stopped vehicle opens a door into the path of a cyclist.
A violation of local ordinances that restrict or prohibit riding a bicycle on the sidewalks in certain areas, often in business districts or busy pedestrian zones.
Boat Accident
An incident on navigable waters involving watercraft that results in injury or death. Such accidents may involve factors such as operator inattention, impairment, equipment failure, or collisions with other vessels or objects.
A written report documenting a boating incident that must be submitted to the Georgia Department of Natural Resources (DNR) after certain accidents, such as those involving serious injury, death, a missing person, or significant property damage.
Operating a boat or other watercraft while impaired by alcohol, drugs, or other intoxicants, in violation of Georgia law, as addressed in O.C.G.A. § 52-7-12.
Bus Accident
An incident involving a school bus, public transit bus, or commercial bus that results in injury, death, or property damage. Bus accidents may involve private companies or government entities and may be subject to special rules for notices and claims.
Physical or mental exhaustion experienced by bus drivers that can impair alertness and safe operation of the vehicle.
Records and logs that document inspections, repairs, and routine maintenance performed on buses in a fleet.
A collision that occurs within lanes designated for vehicles carrying multiple passengers, such as carpools or buses.
An accident or injury involving specialized transportation services designed for individuals with disabilities, seniors, or those requiring mobility assistance.
Catastrophic Injury
A severe injury involving long term or permanent loss of important bodily or mental functions. These injuries can significantly affect a person’s ability to work or perform everyday activities and may require ongoing medical care or supportive services.
An injury to the brain that occurs after birth and is not hereditary or congenital. It may result from trauma, stroke, infection, oxygen deprivation, or other medical events.
Injury caused by a strong impact from a non penetrating object or surface, such as in a fall or collision. It can damage internal organs, bones, or soft tissues.
An injury caused by exposure to a powerful pressure wave, rather than direct physical impact, which can affect the brain or other internal organs.
A reduction in a person’s ability to perform everyday activities at home, work, or in the community because of physical or mental limitations.
Permanent injury to the brain, spinal cord, or other parts of the nervous system that cannot be medically reversed. It can result in chronic pain, paralysis, sensory loss, or thinking and communication problems.
A projection of the medical care, assistance, and support services a person may need over the course of their life as a result of a serious injury. This estimate can account for ongoing medical treatment, rehabilitation therapies, medications, assistive devices, and adaptations such as home or vehicle modifications.
The continuing effects of an injury that persist beyond the initial event and extend into the future. These losses may involve ongoing medical needs, reduced ability to work, physical or cognitive limitations, or lasting impacts on daily activities and quality of life.
A form of acquired brain injury caused by an external force, such as a blow or jolt to the head. Traumatic brain injuries may range from mild to severe.
Claims & Insurance
When an insurance company accepts financial responsibility for a covered loss and agrees to pay benefits under the policy. This usually leads to a settlement offer to resolve the claim.
When an insurance company refuses to pay a claim, typically communicated in writing with reasons such as lack of coverage, disputed fault, or missed deadlines. A denial means no benefits are being paid under that claim at that time.
The maximum amounts an insurance policy will pay for a covered loss. Policies often set separate limits per person, per accident, and for property damage.
Events, situations, or types of loss that an insurance policy specifically does not cover. If a claim falls within an exclusion, the insurer will not provide benefits for that loss.
An insurance principle intended to compensate for a covered loss so that the insured is restored, as nearly as possible, to the financial position they occupied before the loss occurred.
An extra layer of liability insurance that sits on top of other policies, such as auto or homeowners coverage. It may provide additional protection if a covered claim exceeds the limits of the underlying policy.
Coverage on an injured person’s own policy that may help pay for losses when the at fault driver’s liability limits are not high enough to cover all damages, subject to the terms of the policy. It can apply up to the injured person’s UIM policy limits when the other driver’s coverage is exhausted.
Coverage on an injured person’s own policy that may apply when the at fault driver has no insurance or in some hit and run situations, subject to the terms of the policy. It can help pay for covered losses, such as medical expenses and lost wages, up to the UM policy limits.
Class Action
A lawsuit brought by one or more plaintiffs on behalf of a larger group of people who claim to have suffered similar harm from the same defendant. Class actions are used to address claims that would be impractical to litigate individually.
The legal process where a court determines whether a lawsuit meets the legal requirements to proceed as a class action. Certification typically considers factors such as common issues, the suitability of the class representative, and whether a class action is an appropriate way to resolve the claims.
A legal requirement for class certification that focuses on whether class members share common legal or factual issues.
Also known as the class representative, the individual or small group appointed to represent the interests of the class members. They participate in the case in consultation with class counsel.
A federal procedure that moves many separate lawsuits with similar facts from different courts into one district court for coordinated pretrial proceedings. Each case remains its own lawsuit, but discovery, motions, and some settlement discussions are handled together to improve efficiency.
A formal notice sent to all potential class members, informing them about the case, their rights, and how to participate or opt out.
Rules that govern whether individuals are included in a class action by default or must take affirmative steps to participate, depending on the type of case and procedure.
A pool of money created to pay class members and, if approved by the court, attorneys’ fees and costs when a class action is resolved by settlement. Payments to individual class members are usually made according to a court approved plan of allocation.
Client Services
A secure online platform that allows clients to view documents, messages, and updates related to their case.
A written submission provided to an insurance company that summarizes the facts of a claim, including injuries, medical treatment, and related losses, along with supporting documentation.
This is a free, no-obligation meeting where a Montlick attorney reviews the basic details of a potential legal matter and provides general information about the legal process.
A member of the legal team who helps coordinate communication, documentation, and updates between a client and their attorney throughout a case.
Construction Injury
An injury that occurs on a construction site and involves workers, contractors, or others exposed to construction-related hazards.
An injury resulting from a fall on a construction site, including falls from elevated surfaces such as scaffolds, ladders, roofs, or platforms, as well as same-level slips or trips.
A structured safety review that breaks down a specific job or task into individual steps to identify potential hazards and safer work practices. On construction sites, a JHA is commonly used before work begins as part of overall safety planning.
A federal agency within the U.S. Department of Labor that establishes and enforces workplace safety and health standards for most private-sector employers, including construction sites. OSHA also conducts inspections and oversees compliance with these standards.
A workplace injury, illness, or fatality that meets Occupational Safety and Health Administration (OSHA) criteria requiring it to be documented in an employer’s safety logs. Under OSHA guidelines, recordable incidents generally include those involving medical treatment beyond first aid, days away from work, restricted duty, or loss of consciousness.
A document that provides information about a chemical’s properties, potential hazards, and recommended safety precautions for handling and storage.
An injury that occurs when a worker is hit by tools, materials, equipment or other object on a construction site.
Criminal Assault
In civil law, assault means intentionally causing someone to reasonably fear that they are about to be physically harmed. Criminal assault is a separate process handled by the state and may involve different elements, such as physical contact or use of a weapon, depending on state law.
The intentional and unlawful physical contact with another person that causes harm or is offensive in nature. In a personal injury case, a person may bring a civil claim for battery even if a separate criminal case is also pursued.
A person’s or organization’s legal responsibility to another party for harm or loss caused by wrongful conduct. In personal injury cases, civil liability can arise from intentional acts, such as assault or battery, or from negligent behavior that leads to someone being injured.
A type of civil wrong where a person’s intentional conduct causes harm to someone else. Assault, battery, false imprisonment, and similar acts are examples of intentional torts in personal injury law.
A type of premises liability claim involving injuries caused by criminal acts on a property, based on allegations that the level of security provided was insufficient under applicable law. In Georgia, negligent security claims are governed by specific statutes, O.C.G.A. §§ 51-3-50 through 51-3-57.
A court order intended to help protect a person from harassment, violence, or threats by restricting contact from another individual. These orders often arise from domestic violence or stalking situations and can exist alongside related civil personal injury claims.
Restitution is money a criminal court may order an offender to pay a victim to cover certain financial losses caused by the crime. Civil damages are money a plaintiff may recover in a separate lawsuit and can address a broader range of losses, such as medical expenses, lost income, and emotional harm.
A written or spoken statement from a victim explaining how a crime has affected their life, including emotional, physical, and financial effects. It is typically used in the criminal case at sentencing, but the same information may also be relevant to the amount of damages sought in a related civil lawsuit.
Dog Bite Injury
An injury that occurs when a dog bites a person, causing physical harm. Dog bite injuries may range from minor wounds to more serious trauma and can involve medical, emotional, or public safety concerns.
A label sometimes used by insurers or local governments for certain dog breeds considered higher risk. In Georgia, state law does not automatically classify any breed as vicious, but some cities and counties adopt local rules that may impose additional restrictions.
A written or posted notice intended to limit the legal responsibility of a park owner, homeowners’ association, or local government for injuries involving dogs inside a dog park.
A limitation on dog bite claims that applies when a person is injured while unlawfully on private property.
Psychological or emotional effects that may result from a dog attack, including anxiety, fear, or other lasting mental health impacts.
A local rule requiring dogs to be leashed, at heel, or otherwise restrained in public or outside an owner’s immediate control. Under O.C.G.A. § 51-2-7, violation of a leash or control ordinance may be used to establish that a dog was legally considered vicious or dangerous in certain circumstances.
Physical pain resulting from a dog bite and any lasting changes in appearance, such as scarring.
The potential risk of infection with the rabies virus following a dog bite, particularly if the dog’s vaccination status is unknown. Georgia public health authorities provide more information about rabies and animal bites on the Georgia Department of Public Health website.
An infection that develops when bacteria enters the body through a dog bite wound, sometimes occurring days after the initial injury.
A term used in Georgia law to describe a dog that has shown behavior indicating it may cause harm, such as prior bites, or repeated aggressive behavior as referenced in O.C.G.A. § 51-2-7.
Drunk Driver
Under O.C.G.A. § 51-1-40, certain businesses or individuals may face civil liability if they knowingly serve alcohol to someone who is noticeably intoxicated or to a person under 21 when they know, or should know, that the person will soon be driving.
An injury or loss resulting from a crash involving a driver who was under the influence of alcohol or drugs.
A Georgia rule providing that licensed drivers are deemed to have consented to chemical testing of breath, blood, or urine following a lawful DUI arrest, as set out in O.C.G.A. § 40-5-55. Refusal of such testing may result in administrative driver’s license consequences that are separate from any criminal DUI case.
A legal concept in which the violation of a safety statute, such as a DUI law, may be treated as evidence of a failure to exercise ordinary care in a related civil case. In Georgia, proof that a driver violated the DUI statute may be used as negligence per se in a related civil injury case.
A traffic offense that occurs when an open container of alcohol is present in the passenger area of a vehicle in violation of Georgia law.
Damages awarded in addition to compensatory damages to penalize particularly harmful or reckless conduct and deter similar behavior in the future. Under O.C.G.A. § 51-12-5.1, punitive damages may be available in certain cases where the evidence shows a conscious disregard for others’ safety.
E-Scooter Accident
Incidents involving electric scooters that result in injury to riders, pedestrians, or other roadway users. These incidents are subject to state traffic laws and, in some cases, municipal regulations governing scooter operation.
A burn that occurs in connection with an e-scooter, such as from a battery fire, overheating motor, or electrical malfunction.
A mechanical failure that occurs when repeated stress or use causes a component of an electric scooter, such as the stem, handlebars, or deck, to crack or break.
Digital information recorded by an e-scooter system, which can include details like speed, location, route, braking activity, and battery level. This data may later be reviewed to potentially show how and where a particular ride or incident occurred.
A feature in many electric scooter rental apps that allows riders to report a crash or incident through the platform. These reports can create an early, time-stamped record of an incident that may later be available as part of an investigation or claim.
A crash involving contact between an electric scooter rider and a pedestrian. In Georgia, electric scooter operation is governed by state traffic laws, including O.C.G.A. § 40-6-91, as well as applicable local ordinances.
A sudden condition in which the back wheel of an e-scooter stops rotating, which may result from braking system issues, software malfunction, or mechanical defect.
An area where e-scooter use is not allowed by state or local rules, such as many sidewalks, certain private properties, or restricted city zones.
Firearm Injuries
An injury resulting from the discharge, malfunction, or handling of a firearm.
An injury that happens when a gun is fired unintentionally, such as while being cleaned, carried, stored, or mishandled.
Harm suffered by a person who is unintentionally struck when positioned between two or more people who are shooting.
An injury caused when a firearm does not work as intended, such as through an unexpected discharge or mechanical failure.
An injury that occurs at a shooting range, including harm caused by unsafe handling, equipment issues, or poorly managed shooting lanes. These incidents may involve other patrons, range staff, or range-owned firearms or equipment.
When someone fires a gun carelessly or by mistake, often because of unsafe handling, lack of training, or ignoring safety rules. A negligent discharge can cause injury to the shooter or to people nearby, as well as property damage.
A type of premises liability claim that involves injuries from criminal acts, such as shootings or assaults, on property where security measures are alleged to be inadequate. In Georgia, negligent security claims are governed by specific statutes, O.C.G.A. §§ 51-3-50 through 51-3-57, which define when an owner or occupier can be held responsible for third party criminal conduct on their premises.
An injury that occurs when a bullet passes through its intended target and strikes another person or object.
A failure to follow posted rules, instructions, or standard safety practices at a shooting range, such as mishandling firearms, ignoring cease fire-commands, or crossing firing lines.
An injury caused when a bullet or fragment bounces off a surface and strikes someone after changing direction.
Georgia Personal Injury Law
Georgia follows a modified comparative fault rule. A person may recover damages only if they are less than 50 percent responsible for their injury, and any recovery is reduced by their percentage of fault.
Georgia law (O.C.G.A. § 40-8-76) requires children under age 8 to be properly restrained in an approved child passenger safety seat or booster seat. The law also requires certain children under 8 and under 57 inches tall to ride in the rear seat when available.
Georgia’s Hands-Free Law (O.C.G.A. § 40-6-241) prohibits drivers from holding or supporting a wireless telecommunications device while operating a motor vehicle. Hands-free use, such as through Bluetooth or mounted devices, is permitted.
Georgia requires minimum liability insurance limits of 25/50/25, meaning $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 per accident for property damage.
The statute of limitations is the legal deadline for filing a lawsuit. In Georgia, most personal injury claims must be filed within two years of the date of injury, but certain claims have different deadlines or notice requirements, such as claims involving government entities or specific statutes.
Government Liability
The Georgia Tort Claims Act (O.C.G.A. § 50-21-20 et seq.) establishes the circumstances under which the State of Georgia may be sued for certain tort claims.
Before filing certain claims against a government entity, Georgia law may require a written notice of claim within a shorter deadline that differs from the statute of limitations.
Qualified immunity is a legal doctrine that protects government officials from personal liability for actions taken within their official duties, unless they violate clearly established law.
Sovereign immunity is a legal principle that limits when government entities may be sued, except where immunity has been waived by statute.
Lawsuit Terms
A written statement of facts made under oath.
A defendant’s written response to a complaint filed in court.
A request for a higher court to review a lower court’s decision for legal error.
The document that begins a lawsuit and sets out the plaintiff’s claims.
A written request sent before filing a lawsuit that outlines a claim and seeks resolution.
Sworn testimony given outside of court during the discovery process.
The pre-trial process in which parties exchange information and evidence relevant to a case.
Written questions sent by one party to another during discovery that must be answered under oath.
A court’s authority to hear and decide a case.
The formal court process of resolving a legal dispute.
A request asking the court to decide a case or issue without a trial because there are no disputed material facts.
A formal court proceeding where evidence is presented and a judge or jury makes a decision.
The process of jury selection in which attorneys question potential jurors to determine whether they can fairly decide the case.
Legal Doctrines & Terms
A condition on a property that may create a foreseeable risk of harm to children who are unlikely to recognize the danger.
The legal requirement that a defendant’s conduct be sufficiently connected to the plaintiff’s injury.
A legal principle providing that a defendant may be responsible for the full extent of a person’s injuries, even if the person had a pre-existing condition that made them more vulnerable.
The failure to use reasonable care under the circumstances, resulting in harm to another person.
A claim that arises when someone provides a vehicle, firearm, or other dangerous item to a person they knew or should have known was likely to use it in a way that could cause harm.
A legal doctrine that may hold an employer responsible for the actions of an employee acting within the scope of employment.
A legal doctrine under which a person or company may be held responsible for certain injuries without proof of negligence.
A legal principle that allows one party to be held responsible for the actions of another.
Medical & Treatment
A type of traumatic brain injury (TBI) caused by a sudden blow or jolt to the head that disrupts normal brain function. Symptoms may include headache, dizziness, confusion, memory problems, and sensitivity to light or noise, and may not appear immediately.
A condition in which concussion symptoms such as headaches, dizziness, memory problems, fatigue, or mood changes persist for weeks or longer after the initial injury. PCS can affect daily functioning even when standard imaging tests appear normal.
An injury to the spinal cord that disrupts communication between the brain and the body. It may result in partial or complete loss of movement, sensation, or bodily function below the level of injury.
A neck injury caused by a sudden back-and-forth movement of the head, often occurring in motor vehicle collisions. It may involve strain or sprain of the muscles, ligaments, or other soft tissues of the neck.
Medical Malpractice
A claim alleging that a healthcare provider failed to meet the applicable standard of care, resulting in injury.
Under O.C.G.A. § 51-1-27, healthcare providers must exercise a reasonable degree of care and skill. A breach occurs when a provider fails to exercise the degree of care and skill ordinarily employed by the medical profession under similar circumstances.
A situation in which a medical condition is identified only after a delay that may affect the patient’s outcome.
A situation in which a healthcare provider does not identify a patient’s medical condition.
A claim involving allegations that a hospital’s policies, staffing, supervision, or systems contributed to a patient’s injury.
A situation in which a medical procedure or treatment is performed without a patient’s informed and voluntary agreement after being advised of material risks, benefits, and alternatives.
Motorcycle Injuries
A nerve injury that can occur when a motorcyclist braces for impact during a crash. It may result in weakness, numbness, or reduced movement in the arm.
O.C.G.A. § 40-6-315 requires motorcycle riders and passengers to wear helmets that meet U.S. Department of Transportation (DOT) standards.
Lane splitting is the practice of riding a motorcycle between lanes of traffic. It is not permitted under Georgia traffic laws.
A skin injury that occurs when a motorcyclist slides across pavement or another rough surface during a crash. It can range from minor abrasions to deeper wounds that may require medical treatment and may result in scarring.
Pedestrian Injury
Distracted walking refers to a pedestrian failing to pay attention to their surroundings due to activities such as using a phone or listening to music.
A traffic signal device installed at certain crosswalks to alert drivers when pedestrians are crossing.
Crossing a street outside a designated crosswalk or against a traffic signal, in violation of traffic laws.
Vehicle safety technology that uses cameras or sensors to detect pedestrians and help reduce collisions.
O.C.G.A. § 40-6-91 provides pedestrians the right-of-way in marked crosswalks and at certain intersections, subject to traffic signals.
Traffic law violations that occur within designated school zones, such as speeding or failing to stop for a school bus.
Personal Injury Basics
The obligation to prove the elements of a legal claim. In most personal injury cases, the plaintiff/injured party must prove their case by a preponderance of the evidence.
An insurance company representative who investigates claims and evaluates potential payment under an insurance policy.
Monetary compensation awarded in a civil case to address losses caused by injury or harm.
The person or entity against whom a lawsuit is filed.
Conduct that demonstrates a reckless disregard for the safety of others and goes beyond ordinary negligence.
Interrogatories are written questions one party in a lawsuit sends to the other to gather facts during the discovery process. In a personal injury case, for example, the plaintiff might be asked to describe how the accident happened or detail their medical treatment.
Legal responsibility for causing harm or injury.
The person who files a lawsuit in a civil case.
The standard of proof used in most civil cases, meaning the claim is more likely true than not.
A written contract resolving a legal dispute in which the parties agree to specific terms to resolve the claim, including payment of the settlement, release of claims and parties.
A civil wrong that causes harm or loss and may result in legal liability.
Post-traumatic Stress Disorder (PTSD)
A mental health condition that may develop after experiencing or witnessing a traumatic event. Symptoms can include intrusive memories, avoidance behaviors, mood changes, and heightened reactions.
A psychological condition that may be recognized in a legal claim when it is connected to a traumatic event and supported by appropriate medical evidence.
Post-traumatic stress symptoms that appear weeks, months, or longer after a traumatic event.
A clinical reference guide published by the American Psychiatric Association that mental health professionals use to diagnose conditions such as PTSD, anxiety disorders, and depression.
Intense episodes where a person mentally reexperiences a past trauma, often feeling like it’s happening all over again in real time.
A mental health condition characterized by persistent and excessive worry about everyday matters, often accompanied by physical symptoms such as restlessness or difficulty sleeping.
A heightened state of alertness in which a person feels constantly watchful or on guard, even in situations that are not dangerous.
A sudden episode of intense fear or discomfort that may include symptoms such as rapid heartbeat, shortness of breath, dizziness, or chest pain.
A lasting mental or emotional condition that significantly affects a person’s ability to function in daily life.
A noticeable shift in behavior, mood, or thinking following a traumatic event.
Premises Liability
Actual knowledge means a property owner was directly aware of a hazardous condition before an injury occurred.
Compliance with accessibility standards established under the Americans with Disabilities Act (ADA), which requires certain public spaces and facilities to be accessible to individuals with disabilities. In some premises liability cases, failure to meet accessibility standards may be examined when evaluating whether a property was reasonably safe.
A legal doctrine that may apply when a person knowingly and voluntarily exposes themselves to a known danger.
Constructive knowledge refers to a situation where a property owner may be considered aware of a hazardous condition because it existed long enough that it should have been discovered and fixed through ordinary care.
An invitee is a person who enters a property with the owner’s permission for a lawful purpose connected to the owner’s business or interests. Under O.C.G.A. § 51-3-1, property owners owe invitees a duty to exercise ordinary care in keeping the premises reasonably safe.
A licensee is a person who enters property with permission for their own purposes, such as a social guest. Property owners generally must avoid willful or wanton injury and may have a duty to warn of known dangers that are not obvious.
An open and obvious condition is a hazard that a reasonable person using ordinary care would clearly notice and could avoid.
Reasonable care refers to the legal standard requiring property owners to act the way a reasonably prudent person would under similar circumstances to maintain safe conditions. Whether reasonable care was exercised depends on the specific facts of each situation.
A temporary hazardous condition, such as a spill or debris, that may arise on property and create a risk of injury until it is cleaned up or removed.
A trespasser is someone who enters or remains on property without legal permission. Property owners generally owe a limited duty not to cause willful or wanton injury to trespassers, subject to certain legal exceptions.
Product Liability
Also known as a boxed warning, this is the strongest safety warning required by the U.S. Food and Drug Administration (FDA) for prescription medications. It highlights serious or potentially life-threatening risks associated with a drug.
A design defect exists when a product is unreasonably dangerous because of the way it was originally designed, even if it was manufactured as intended.
Failure to warn refers to the absence of adequate instructions or warnings about non-obvious risks associated with a product’s use.
An action in which a product is removed from the market due to safety, labeling, or manufacturing concerns that make it non-compliant with FDA-administered laws.
The use a manufacturer reasonably expects or anticipates for a product, including foreseeable uses.
A manufacturing defect occurs when a product deviates from its intended design during production, making that specific item unsafe.
A defect involving a medication that may arise from design issues, manufacturing errors, or inadequate warnings.
Regulatory noncompliance refers to a failure to meet applicable government safety, labeling, or manufacturing standards.
Rollover SUV Accident
A crash in which a sport utility vehicle (SUV) tips or rolls onto its side or roof. Because many SUVs have a higher center of gravity than smaller cars, certain driving conditions or sudden maneuvers may increase the risk of rollover.
Vehicle safety systems designed to help reduce the likelihood of a vehicle tipping or flipping during sharp turns or emergency maneuvers.
A computerized system that helps prevent loss of control by automatically applying braking to individual wheels when a vehicle begins to skid.
A type of rollover crash that can happen when a vehicle turns sharply or when steering corrections at higher speeds cause the rear of the vehicle to swing outward and the vehicle to tip.
A statistical measurement used in vehicle safety evaluations to estimate how likely a specific make and model is to roll over under certain crash conditions.
The point at which a vehicle becomes unstable and tips, often influenced by factors such as center of gravity and suspension design.
Settlement & Attorney Terms
A legal protection that keeps confidential communications between a client and their attorney private, subject to limited legal exceptions.
A fee arrangement in which an attorney’s payment is based on a percentage of the amount recovered in a case, if any recovery is obtained.
A qualified professional who provides specialized knowledge or testimony in a legal case to help explain technical or complex issues.
A written agreement in which an attorney and client agree that a medical provider may be paid from settlement funds or a judgment recovered in a case.
A legal claim against settlement funds or other property to secure repayment of a debt or obligation.
A form of alternative dispute resolution in which a neutral third party helps the parties attempt to reach a voluntary agreement to resolve the case. The mediator does not decide the outcome.
The process through which parties communicate to resolve a dispute prior to trial.
A legally binding document in which a party agrees to give up the right to pursue further legal claims related to a specific incident.
An upfront payment made by a client to an attorney to secure their legal services, often serving as an initial deposit against future billable hours or costs. However, in many personal injury cases, attorneys work on a contingency fee basis instead of requiring a retainer.
An agreement reached to resolve a legal claim after negotiation and before a trial.
An arrangement in which settlement funds are paid; most often, into an annuity or other investment product that provides for scheduled installments over time rather than in a single payment.
Slip and Fall Accident
An incident in which a person slips, trips, or falls due to a condition on someone else’s property.
A condition such as uneven flooring, loose tiles, or worn surfaces that may increase the risk of slipping or tripping.
A situation in which a staircase or elevated surface lacks a required handrail or does not meet applicable building or safety standards.
A potentially unsafe condition on property, such as a wet floor, uneven surface, poor lighting, or a broken step, that may increase the risk of slipping, tripping, or falling.
Measurement of how slip-resistant a walking surface is under certain conditions.
Train Injury
An injury resulting from an accident involving a passenger train, freight train, or rail maintenance vehicle. Train-related incidents may occur at crossings, platforms, or onboard and can involve derailments, signal failures, operator error, or equipment malfunction.
A transportation provider that offers services to the public, such as passenger rail systems. Under Georgia law, common carriers owe passengers a high duty of care when providing transportation.
An incident in which a train leaves its tracks. Derailments can result from track conditions, mechanical issues, operator error, or obstacles on tracks.
A condition in which a train operator has reduced alertness or performance due to lack of rest or extended work hours.
A federal law that governs injury claims brought by railroad employees against their employers. Unlike traditional workers’ compensation systems, FELA requires proof that the railroad’s negligence contributed to the employee’s injury.
The federal agency responsible for regulating railroad safety in the United States, including standards for track maintenance, equipment, and operations.
An accident that occurs where railroad tracks intersect with a road or pedestrian pathway cross at the same level.
A release of hazardous materials from a train due to a crash, derailment, or equipment failure. Such incidents may pose risks to public health and the environment.
An incident in which a person falls from the edge of a train or transit platform.
A failure of crossing gates, warning lights, alarms, or signaling systems that are meant to control train and roadway traffic.
Truck Accident
A collision involving a large commercial motor vehicle, such as a tractor-trailer or semi-truck. These accidents are governed by state traffic laws and federal commercial motor carrier regulations.
A collision that occurs when a truck driver does not see another vehicle, cyclist, or pedestrian within areas of limited visibility around the truck.
Physical or mental exhaustion that may impair a commercial driver’s alertness and reaction time. Federal regulations limit the number of hours commercial drivers may operate without required rest.
A federally mandated device that records a commercial driver’s hours of service and driving activity.
Electronic information recorded by a vehicle’s crash data system, such as speed, braking, and seatbelt use before or during a collision.
Federal regulations issued by the Federal Motor Carrier Safety Administration (FMCSA) that limit the number of hours commercial motor vehicle drivers may drive and require rest periods.
A truck crash in which the trailer swings outward at an angle relative to the cab, forming an L- or V-shape.
The movement of cargo within or on a commercial vehicle during transit, which may affect vehicle stability.
A collision in which a smaller vehicle travels underneath the trailer of a commercial truck.
Veterans Benefits
A federal law that allows certain claims to be brought against the United States for injury or damage when a federal employee causes harm while performing their job duties.
A written opinion from a qualified medical professional that explains a connection (“nexus”) between a veteran’s current medical condition and an injury, illness, or event that occurred during their military service.
An injury or illness that occurred or was aggravated during active military service and that the VA recognizes as related to that service.
A legal claim by TRICARE, the military health benefits program, for repayment of money it spent on medical treatment related to an injury caused by someone else. It gives TRICARE a right to be reimbursed from any related personal injury settlement.
A tax-free monetary benefit paid by the Department of Veterans Affairs (VA) to eligible veterans with service-connected disabilities or injuries.
The process by which the VA may seek reimbursement from a personal injury settlement or judgment for medical care it provided that was related to the injury.
Workers Compensation
A doctor approved or chosen (often from an employer’s panel) to manage an injured worker’s medical care for a work-related injury. This physician directs treatment and makes key decisions about work restrictions, referrals, and when the worker has likely reached maximum medical improvement (MMI).
A calculation of an injured worker’s average earnings per day. It may be used to help determine wage loss benefits when the average weekly wage (AWW) does not accurately reflect the worker’s true earning pattern, such as with irregular or part-time work.
A calculation of an injured worker’s average gross earnings over a set period before a work-related injury. This figure is used for determining the amount of weekly income benefits available under workers’ compensation.
A structured assessment of an injured worker’s physical abilities and limitations, typically performed by a physical or occupational therapist. It uses tests that simulate work tasks to measure safe functional tolerances and helps assess whether a worker can safely return to their job or needs restrictions.
A medical evaluation conducted by a physician who has not previously treated the injured worker. This examination is typically requested by the employer or their insurance carrier to obtain an additional assessment of the worker’s diagnosis, injury-related limitations, and whether the condition is related to the reported work injury.
Work offered by an employer that fits within an injured worker’s medical restrictions, which may involve different tasks, reduced physical demands, or fewer hours than their regular job.
The stage when an injured worker’s medical condition has stabilized and is not expected to improve further with additional treatment. After MMI, the focus often shifts from active recovery to evaluating any permanent impairment or long term effects of the injury.
A lasting impairment from a work-related injury or illness that permanently limits certain activities but does not completely prevent a person from working. After Maximum Medical Improvement (MMI), a doctor may assign an impairment rating, often expressed as a percentage, which is used to calculate PPD benefits.
A work-related injury or illness that refers to a level of disability that may prevent an employee from returning to any gainful employment under applicable workers’ compensation benefits rules.
Income benefits available when an injured worker can return to work with restrictions but earns less than they did before the work-related injury or illness.
Income benefits available when a work-related injury or illness temporarily prevents an employee from performing any work.
Wrongful Death
Wrongful death in Georgia occurs when a person dies because of another party’s negligent, reckless, or intentional actions. Georgia law, including O.C.G.A. § 51-4-1 through § 51-4-5, allows certain statutory beneficiaries to bring a civil action seeking the “full value of the life” of the decedent.
The reasonable costs associated with laying a deceased person to rest, such as funeral services, cremation or burial, and related arrangements. In wrongful death cases, these expenses may be included as part of the damages associated with the death, often through a related estate claim.
The legal term for a person who has died. In wrongful death and estate claims, the decedent is the individual whose death gives rise to the legal claim or distribution of assets.
The measurable financial part of the loss, such as medical bills incurred before death, funeral and burial costs, lost wages and benefits the person would have earned, and the value of household or caregiving services they would have provided over their expected lifetime.
A Georgia wrongful death measure of damages that considers both the economic and non-economic value of the decedent’s life from the point of view of the person who died, including earning capacity and the enjoyment of life.
The non-economic aspects of the “full value of life” that are not strictly financial, such as the decedent’s relationships, society, advice, guidance, and companionship. These losses reflect the emotional and relational value of the decedent’s life to their family .
The intangible part of the loss within Georgia’s “full value of life,” including the joy of living, time with family, companionship, guidance, and other non-financial aspects of life the person can no longer experience.
An individual or entity, often a close family member, appointed by the probate court to manage the deceased’s estate and handle legal matters on its behalf. In some wrongful death or related estate claims, the personal representative may bring or manage actions connected to the death.
A person identified by state law as eligible to bring or share in a wrongful death claim, typically a surviving spouse, child, or parent. Georgia law sets a specific order of priority for which family members may file the claim and recover damages.
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Social Security Disability
Activities of Daily Living (ADLs)
Basic self-care activities such as dressing, bathing, preparing meals, managing medications, and performing household tasks. The Social Security Administration (SSA) considers an applicant’s ability to perform these activities when evaluating functional limitations.
Appeals Council Review
An administrative level of review available after a denial by an Administrative Law Judge (ALJ). The Appeals Council reviews decisions for legal or procedural error and may affirm, reverse, or send the case back (remand) for further proceedings.
Back Pay Award
Retroactive disability benefits paid from the established onset date of disability to the date of approval, subject to applicable waiting periods and program rules.
Continuing Disability Review (CDR)
A periodic review conducted by the Social Security Administration (SSA) to determine whether a person continues to meet disability eligibility requirements.
Evidence of Medical Necessity
Clinical documentation showing that medical treatment, services, or assistive devices are appropriate and needed for a specific medical condition.
Impairment Duration Rule
The requirement that a disabling condition must be expected to last at least 12 continuous months or result in death to qualify for Social Security disability benefits.
Past Relevant Work (PRW)
Work performed within the last 15 years that was considered substantial gainful activity. The Social Security Administration (SSA) evaluates whether a claimant can return to this work before considering other employment options.
Reconsideration Appeal
The first level of appeal after an initial denial of a disability application. A different examiner reviews the claim and any additional evidence.
Social Security Disability Insurance (SSDI)
A federal program that pays monthly benefits to individuals who are unable to work due to a medically determinable disability. Eligibility is based on work history and payment of Social Security taxes. The condition must meet federal disability standards and be expected to last at least 12 months or result in death.
Supplemental Security Income (SSI)
A federal, needs-based program that pays monthly benefits to individuals who are disabled, blind, or age 65 or older and who have limited income and resources. SSI eligibility is based on financial need rather than prior work history.
Work History Report (SSA-3369)
A form used by the Social Security Administration (SSA) to gather detailed information about the physical and mental demands of a claimant’s past work. This information helps determine whether the claimant can return to pasts work or adjust to other work.