Legal Terms Florida

Personal Injury, Work Comp, & Social Security Disability Legal Terms

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capacity defense. Broadly, describes a defendant's lack of some fundamental ability to be held accountable. For example, in Florida, persons under 7 years of age are presumed incapable of negligence.

causation. The act by which an effect is produced. See also " legal cause " and " proximate cause."

cause of action. Fact or facts that give someone the right to seek a remedy through the court because the facts of the case apply to a certain law sought to be enforced.

certiorari. (Latin: "To be informed of.") Writ issued by a superior or higher court to a lower court requiring the lower court to produce a certified record of a case tried there so that the superior court can examine the lower court proceedings for errors. See record .

civil action. Action brought to enforce private rights. Generally, all actions except criminal actions.

civil law. Body of law concerned with private rights and remedies, as contrasted with criminal law. Compare with criminal law.

claim petition. In cases where a worker is injured on the job, the injured employee files a claim petition to seek initial compensation. This occurs when there has been a Notice of Denial - no workers' compensation payments have been made or medical benefits have not been paid.

class action. A means by which one or more individuals are able to sue for themselves and as representatives of other people. A class action requires: an identifiable group of people with a well-defined interest in the facts and law of the suit; too many people in the group for it to be practical to bring them all before the court; and the individuals bringing suit are able to adequately represent the entire group.

collateral source rule. The rule ensures that compensation awarded to a plaintiff in a lawsuit will not be reduced if the plaintiff receives compensation for the same injury from another source, such as insurance. Under the rule, a defendant tort-feasor is unable to benefit from the fact that the plaintiff received money from another source, such as insurance, because of the defendant's tort.

compensation. Something that makes up for a loss. In workers' compensation cases, it refers to payment to unemployed or injured workers or their dependents.

complaint. In the legal sense, the document a plaintiff files with the court which contains allegations and damages sought. A complaint generally starts a lawsuit.

compromise and release. In workers' compensation cases, this occurs when a lump sum payment of money is paid by the insurance carrier to an injured worker to resolve the case. This lump sum is in lieu of the weekly compensation benefits the injured worker is receiving and may or may not include future medical benefits.

circumstantial evidence. Evidence not based on actual personal knowledge or observation of the fact in dispute, but, rather, evidence of other personal knowledge or observation which allows a jury to infer the existence or nonexistence of the fact in dispute. An example of direct evidence of who was at fault for a car accident would be a witness who actually saw the accident. An example of circumstantial evidence in this case, would be a witness who drove by after the impact and saw the defendant's car in the wrong lane.

common law. Law deriving its authority from usage and customs or judgments of courts recognizing and enforcing such usages and customs. Generally, law made by judges rather than by legislatures.

comparative negligence. Comparing the plaintiff's contributory negligence to the defendant's negligence. Florida's Comparative Negligence statute states that when a plaintiff is guilty of contributory negligence and that negligence was not greater than the defendant's negligence, the plaintiff's damages will be diminished in proportion to his negligence in causing the accident.

contingent fee agreement. An agreement between an attorney and his or her client whereby the attorney agrees to represent the client for a percentage of the amount recovered. This fee agreement is frequently used in personal injury actions.

contributory negligence. Broadly, carelessness on the plaintiff's part. More precisely, conduct which falls below the standard of care established by law for the protection of one's self against unreasonable risk of harm.

counterclaim. Claim brought by a defendant in a lawsuit against the plaintiff.

court. Refers to a specific court, such as The Supreme Court of Florida, or may also refer to a judge.

court reporter. The person who stenographically records and transcribes testimony during court proceedings or related proceedings such as depositions.

criminal law. Criminal law declares what conduct is criminal and prescribes punishment to be imposed for criminal conduct. The purpose of criminal law is to prevent harm to society.

cross claim. Claim brought by a defendant in a lawsuit against a co-defendant in the lawsuit.

Get free online legal advice from Florida personal injury lawyer Robert Fenstersheib.

Personal Injury Attorney Robert J. Fenstersheib handles accident cases, personal injury lawsuits, breast implant settlements, slip and fall lawsuits in the following South Florida cities:

Broward County     Coconut Creek Cooper City Coral Springs Dania Beach Davie Deerfield Beach Fort Lauderdale Hallandale Beach Hillsboro Beach Hollywood Lauderdale Lakes Lauderdale-By-The-Sea Lauderhill Lighthouse Point Margate Miramar North Lauderdale Oakland Park Parkland Pembroke Park Pembroke Pines Plantation Pompano Beach Port Everglades Sea Ranch Lakes Southwest Ranches Sunrise Tamarac Weston Wilton Manors Dade County     Aventura Bal Harbour Bay Harbor Islands Biscayne Park Coral Gables Doral El Portal Florida City Golden Beach Hialeah Hialeah Gardens Homestead Indian Creek Village Islandia Key Biscayne Medley Miami Miami Beach Miami Gardens Miami Shores Village Miami Springs North Bay Village North Miami North Miami Beach Opa-Locka Pinecrest South Miami Sunny Isles Beach Surfside Sweetwater Virginia Gardens West Miami