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Glossary of Personal Injury Law Terms
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Legal Glossaries Main Page
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Waiver: Knowing and voluntary relinquishment of a
right. Compare with release.
Waiver of Immunity: A means authorized by
statute by which a witness, before testifying or
producing evidence, may relinquish the right to refuse
to testify against himself or herself, thereby making it
possible for his or her testimony to be used against him
or her in future proceedings.
Warrant: Most commonly, a court order
authorizing law enforcement officers to make an arrest
or conduct a search. An affidavit seeking a warrant must
establish probable cause by detailing the facts upon
which the request is based.
Will: A legal declaration that disposes of a
person's property when that person dies.
Willful Negligence: Intentional performance of
an unreasonable act in disregard of a known risk, making
it highly probable that harm will be caused. Willful
negligence usually involves a conscious indifference to
the consequences. There is no clear distinction between
willful negligence and gross negligence.
Without Prejudice: A claim or cause dismissed
without prejudice may be the subject of a new lawsuit.
With Prejudice: Applied to orders of judgment
dismissing a case, meaning that the plaintiff is forever
barred from bringing a lawsuit on the same claim or
cause.
Witness: A person who testifies to what he or
she has seen, heard. or otherwise experienced. Also, a
person who observes the signing of a will and is
competent to testify that it is the will-maker's
intended last will and testament.
Workers' Compensation: Insurance required of
almost all employers to help cover their employees'
economic loss due to a job-related injury or illness.
Writ: Broadly, a court order requiring the
performance of some act or giving authority to have the
act done.
Writ of Certiorari: An order issued by the
Supreme Court directing the lower court to transmit
records for a case for which it will hear on appeal.
Wrongful Death Action: An action brought to
recover damages for the death of a person caused by a
wrongful act or neglect or unlawful violence or
negligence of another; provided that no recovery for the
same damages claimed in the wrongful death action was
obtained by the deceased during his lifetime. In
Pennsylvania, the action may be brought by the
decedent's spouse, children, or parents. If the decedent
has no spouse, children or parents, the action may be
brought by a personal representative in order to recover
damages for hospital, nursing, medical, funeral and
estate administration costs.
Wrongful Death Statute: Statutory law that
provides the means for the representative of a decedent
to bring suit alleging that the decedent's death was
caused by someone's willful or negligent act and to seek
compensation for monetary loss suffered because of the
decedent's death.
Wrongful Death Statutes: Laws giving the
family members of a deceased a cause of action if the
death of their loved one resulted because of another’s
negligence.
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