Pennsylvania Car Accident Glossary of Terms

Damages

Money payment recovered in the courts for an injury or loss caused by an unlawful act or omission or negligence of another. See compensatory damages, general damages, punitive damages.

Death benefits

See accidental death benefit.

Decedent

A deceased person.

Declaratory judgment

Judicial adjudication of the rights of the parties in a lawsuit made to clarify the parties' legal positions.

Decree

Declaration of the court announcing the legal consequences of the facts found. See also order, judgment.

Deductible amount

That portion of the loss that the policyholder is required to pay in accordance with the terms of the insurance policy.

Defendant

In civil law, the party defending a lawsuit; the party against whom the plaintiff seeks to recover damages from.

Demand

or settlement demand. A written document prepared by an attorney on behalf of a claimant and submitted to the opposing insurance adjuster that states all factors that relate to the opposing party's liability for the claimant's injury, the claimant's damages suffered as a result of the injury, and the claimant's demand or the amount of money necessary for the opposing insurance company to pay the claimant in order to settle the claim before the claimant files a lawsuit.

Demurrer

Defendant's claim that even if the allegations in a complaint are true, they are not sufficient to impose liability on the defendant.

Deposition

Testimony of a witness taken under oath, but not in a courtroom. May be used to discover evidence prior to trial or to preserve testimony for use in court at a later time.

Dicta

Plural of "obiter dictum." A remark made by a judge in a legal opinion that is irrelevant to the decision and does not establish a precedent.

Direct examination

The questioning of a witness by the direct examiner or the party that called the witness.

Disability

In the legal sense, lack of legal capacity to perform some act.

Disc

The soft tissue between each vertebra, or bone, in the spine.

Discovery

Pre-trial devices that may be used by one party to obtain facts and information about the case from the other party in order to prepare the case for trial. An example of a discovery device is interrogatories.

Dismissal with prejudice

Final judgment against the plaintiff which prohibits bringing an action on the same cause of action in the future. In contrast, "dismissal without prejudice"allows the plaintiff to sue again for the same cause of action.

Doctrine of avoidable consequences or mitigation of damages

Imposes a duty on victims of a tort to take reasonable steps to minimize their damages after an injury has been inflicted.

Dram shop

A drinking establishment where alcoholic beverages are served to be drunk on the premises.

Dram Shop Act

In Pennsylvania, this statute imposes liability on drinking establishments, like bars and restaurants, for harm resulting from the establishment's service of alcohol to visibly intoxicated persons.

Duty

In negligence cases, a "duty" is an obligation to conform to a certain standard of care. A failure to so conform places the actor at risk of being liable to another to whom a duty is owed for an injury sustained by the other of which the actor's conduct is a legal cause. See reasonable man doctrine.

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