Articles Posted in Injury and Accident Glossary

In Washington State, insurance companies have a duty to conduct their business in “good faith” when they process claims of the people that they insure. Good faith is a concept that is important in law; Good faith simply means that the insurance company should conduct themselves and their business with honesty and morality in their conduct.

An insurance company acting in “bad faith” is violating their contractual obligation to their policyholders and, in the case of “bad faith,” the policy holder may sometimes sue the insurance company.

Examples of bad faith include:

GREAT BODILY HARM:

An injury to a person which causes serious and permanent disfigurement, permanent loss or impairment of any bodily function or organ, or leads to death.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

SUBSTANTIAL BODILY HARM:

An injury to a person which is temporary in nature but causes significant disfigurement, loss or impairment of the body or organ, or which causes any broken bone.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

ACCIDENT:

An unintended event, sometimes causing injury, e.g. auto accident. See also negligence.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

ADJUSTER:

A representative of an insurance company, either an employee or an adjustment firm. It is the responsibility of the insurance adjuster to negotiate a settlement of an injured person’s claim for damages. Adjusters may also represent the insurance company in approving a settlement.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

ADMISSIBLE EVIDENCE:

Evidence is testimony, writings and other things that are offered by a party in a trial to the trier of fact in order to prove the existence or non-existence of a fact. Some evidence is not relevant or is not admissible for some other reason, such as it is hearsay, leading, calls for a conclusion, or it lacks foundation. Evidence, which the judge allows into the trial is admissible evidence, while evidence, which the judge does not allow in is inadmissible.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

ADMISSION:

In the law of evidence, this is any statement made by a person, outside of his or her testimony at trial, used in a civil or criminal trial, usually over an objection of hearsay, and admitted into evidence to prove the truth of the admission or to impeach a witness’ testimony by showing the witness’ statements are inconsistent. In pleading, an admission means that that one party admits or agrees that certain pleaded facts or allegations are true.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

AFFIDAVIT:
A written statement made under oath. See also Declaration.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

AFFIRMATIVE DEFENSE:
This contained in an answer to a complaint, in which a defendant responds to the allegations by pleading something more than a simple denial of the plaintiff’s allegations. Some common affirmative defenses include comparative fault, failure to state a claim upon which relief can be granted, lack of jurisdiction over the subject matter, lack of jurisdiction over the person, insufficiency of process, insufficiency of service of process, failure to join a party, a party lacks standing, statute of limitations, laches, waiver, and estoppel. Generally, the party asserting the affirmative defense has the burden of proof.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

ALLEGATION:

A statement made by a party, contained in a pleading, and which the party intends to prove is true. Typically, the party alleging the statement has the burden of proving its truth.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.