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Glossary of Legal Terms

Damages: In a wrongful death action, damages might include economic loss (including loss of guidance, education, training, consortium, etc.), survival damages (for the decedent’s pre-death pain and suffering) and exemplary or punitive damages. In a personal injury case, damages include economic damages (lost earnings, property damages, medical expenses and future damages), general damages, emotional damages, loss of consortium, and punitive or exemplary damages.
Negligence: The failure to act with reasonable care under the circumstances. A negligence claim focuses on the defendant's conduct, and if sufficiently egregious can justify an award of punitive damages.
Personal Injury Action: A lawsuit brought by an individual who has suffered physical or mental harm as the result of the wrongful conduct of another.
Product Liability: Many jurisdictions hold manufacturers strictly liable for design defects or manufacturing defects in their products when those defects lead to harm. The conduct of the manufacturer is not considered. This doctrine seeks to ensure that manufacturers strive to produce products that meet consumers expectations and are as safe as reasonably possible.
Proof of Negligence: Requires that the plaintiff demonstrate that the defendant owed a duty to the plaintiff, the duty was breached, the breach of duty was the cause of the damages and damages are quantifiable. Manufacturers of products are generally held to a basic duty of exercising care to prevent foreseeable injuries from the reasonable use of their products.
Wrongful Death Action: A lawsuit brought on behalf of a deceased person’s family or beneficiaries that alleges the death was attributable to the willful or negligent act of another.
     Trademark Notice: Personal Injury Lawyer America is an electronic newsletter from Lieff Cabraser Heimann & Bernstein, LLP. Lieff Cabraser represents clients in a wide range of cases, including personal injury and wrongful death lawsuits. Our personal injury attorneys | lawyers are committed to providing the very best representation and support possible for our clients. This website provides information on the legal rights of the injured and the latest news on product defects and related lawsuits.
     Lieff Cabraser is not affiliated in any way with any trademark owner. The use of any trademarks on this site is for product identification and information purposes only.
     About Lieff Cabraser: We have offices in San Francisco, New York and Nashville. Our lawyers have represented clients in personal injury, wrongful death and rollover crashes and product defect lawsuits across America, including residents of Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia and Wyoming.
     Among the cases our personal injury attorneys are prosecuting are the Medtronic heart lead recall, the AMO contact lens solution recall, the Peter Pan peanut butter recall, Guidant pacemaker defects, SUV rollover accidents, popcorn workers lung injuries, and Ford switch fires.
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