Glossary

Glossary

Damages

Emotional Damages

Economic Damages

  • Loss of Income
  • Impaired Earning Capacity
  • Cost of Repair (xref Cross of Replacement)

Wrongful Death Damages

  • Benefit to the Estate
  • Benefit to the Heirs
  • Loss of Consortium

Contractual Damages

  • No emotional Distress
  • Liquidated must be stated

Benefit to the Estate:

Benefit to the Heirs:

Loss of Consortium:

Loss of Income:

Impaired Earning Capacity:

Cost of Repair (xref Cross of Replacement):

Compensatory Damages: Everything their negligence causes.

Probate:  Probate is when a personal representative is appointed by the court to deal with the property of a deceased person.  This can occur when there is a will or when there is no will.  It is a device (using the power of the court) to transfer property, give creditors a chance to make a claim, and to bring an action for wrongful death among other things.

Personal Representative:  A Personal Representative is a person is appointed by the court to represent an estate. A Personal Representative does not have to be a beneficiary or an heir of an estate, it could be anyone who can be trusted to manage the property of the estate.

Lawsuit: A lawsuit is when a person or their attorney files with the court a complaint against another person or entity. Once a lawsuit is started the court manages the calendar (often times with the agreement of the attorneys) of the claim and sets times for discovery, dispositive motions, and trial.

Attorney or Lawyer:  The difference in Oregon and the US is NONE.  In history and in other jurisdictions (like Great Britain and New Zealand) it can represent the ability of lawyer to represent someone in court or only out of court.

Liable Party:  The person or entity that was the cause of the injury.

PIP Coverage:

UIM Insurance: UIM insurance is shorthand for underinsured motorist coverage.  In Oregon, it covers the pain and annoyance of injuries, medical bills, and other damages, which result from an accident from a driver with too little insurance to cover all the damages.  It part of the UM or uninsured motorist coverage in most policies.

UM Insurance: Uninsured motorist insurance covers the pain, suffering, medical bills, and other damages which result from an accident from a driver who is uninsured.  When a person makes such a claim they are required to do a