Arbitration: Arbitration is a procedure where a legal dispute is decided by a lawyer acting as a judge. Evidence is submitted to a sole arbitrator or a panel of arbitrators who decide the dispute. The decision of an arbitrator is called an award or a verdict.

Attorney-Client Privilege: Written and oral communications between a lawyer and a client are confidential and those communications are protected from disclosure. There are instances in which the attorney-client privilege may be waived if the communications are improperly disclosed. It is important to remember that what you say to your attorney is protected and may not be revealed to someone else.

B

Bad Faith: Insurance companies have a good faith duty towards their insured's to fairly and properly evaluate a claim and to promptly pay a claim. When an insurance company breaches one of its good faith duties towards an insured, the insurance company may be exposed to additional damages for their bad faith in having a claim.

Bench Trial: A trial in which the judge decides the case rather than a jury.

Bodily Injury: A physical injury to the body.

Brief: A written document setting forth the legal arguments a party makes to the court. Far from being "brief", most legal briefs are a thorough recitation of the facts and application of those facts to the law in an attempt to persuade a court to rule consistent with the party's arguments.

Burden of Proof: The party that has the "burden of proof" in a civil case has the obligation to convince the judge or jury that their version of the facts it is more likely true than not. This burden of proof is often described as proving facts by a preponderance of the evidence. When bringing a civil claim against a defendant, that the plaintiff has the burden of proof in establishing that the defendant was negligent and that the defendant's negligence was a cause of the plaintiff's injuries. If a decision maker determines that the plaintiff has not met the burden of proof, the plaintiff loses.

C

Civil Cases: A case in which a party is seeking damages against a defendant. In contrast, a criminal case involves a governmental entity seeking to punish a defendant for violating a crime.

Closing Argument: At the close of a trial, a competent trial lawyer will orally marshal the evidence that has been presented at the trial and apply that evidence to the law to advocate for a successful verdict in favor of the client.

Comparative Negligence: A legal doctrine which reduces a plaintiff's damages by the percentage of negligence which the jury assigns to the plaintiff. If a plaintiff is 25% negligent and a defendant is 75% negligent, the doctrine of comparative negligence reduces the plaintiff's damages by the jury's finding of 25% of the negligence attributable to the plaintiff.

Compensatory Damages: Damages that are intended to compensate the plaintiff for the value of the medical expenses, lost wages, lost earning capacity, pain and suffering and property damages that have been sustained as a result of a negligently caused injury.

Complaint: A written document that formally starts a lawsuit. The complaint is required to properly identify the parties to the lawsuit, identify where the wrongful acts occurred, the legal basis for claiming that the defendant's actions were a legal basis for causing damages and an identification of the types of damages that were sustained. The formal complaint along with a formal summons must be personally served upon each defendant in a proper and timely manner in order to commence a lawsuit.

Comprehensive Automobile Insurance Coverage: This is a type of automobile insurance that pays for property damages to your motor vehicle which is caused by risks which are not related to a collision, including natural disasters such as ice sliding off a roof onto your vehicle, vandalism or theft.

Conflict of Interest: A prior professional and/or personal relationship which prevents an attorney from representing a potential client due to knowledge or information gained in a prior relationship that ethically prevents an attorney from representing the potential client. Attorneys are governed by a Rules of Professional Conduct which set forth rules which govern conflict of interest situations.

Contempt of Court: A person who fails to follow the court's rules or violates a court order. Witnesses or attorneys who are found to be in contempt of court can be fined and/or put in jail.

Contingency Fee Agreement: A contract between an attorney and the client whereby the attorney receives a fee for their time that is contingent upon receiving money for the client. The contingent fee is a percentage of the money recovered. The contingency fee agreement also specifies that the attorney will advance costs on behalf of the client and that these costs will be deducted from the settlement after the contingent attorney's fees have been allocated.

Court Costs: Fees which are costs associated with the use of the court system, including costs of serving the summons and complaint upon other parties, the cost for filing the summons and complaint with the court, cost for a court reporter to type up a transcription of testimony, expert witness fees and other ancillary costs that are incurred in the prosecution of a formal lawsuit. Should the case proceed to a verdict, the losing party may be taxed for some of the court costs that the winning party incurred in actually trying the lawsuit.

Cross-Examination: An examination of a witness who testifies against your interest.