Glossary of Personal Injury Law Terms

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Casualty: A loss of property due to fire, storm shipwreck or other casualty, which is allowable as a deduction in computing taxable income.

Cause of Action: The plaintiff's legal claim against the defendant. There is often more than one cause of action in a lawsuit.

Civil Law: That part of the law which governs relationships between people where there is no criminal activity involved.

Co-defendant: A defendant joined together with one or more other defendants in the same case.

Common Law: Body of law that has grown based on the decisions of courts long ago. It originated in England and has since passed to the United States. It is always changing to reflect the current needs society.

Comparative Negligence: A defense to negligence used when it is believed that the plaintiff's negligence contributed to his or her injuries. Based on the amount of negligence by each party, the amount of damages is adjusted accordingly.

Complaint: A pretrial document filed in a court by one party against another that states a grievance, called a "cause of action."

Contingency Fee Agreement: An agreement between an attorney and their client, which allows the attorney to be paid only if the client prevails in a lawsuit and collects monetary damages. The lawyer then receives a percentage of the damages, generally 1/3 of the award.

Contributory Negligence: A defense to negligence, which points out that the plaintiff's negligence contributed to his or her injuries.

Counterclaim: A demand by the defendant against the plaintiff asserting an independent cause of action in the same lawsuit.

Cross Examination: Questioning the witness who has been presented by the opposition at trail or a deposition.