Pennsylvania Car Accident Glossary of Terms

Waiver

Knowing and voluntary relinquishment of a right.

Whiplash

Generally, the term used to describe the pain that occurs in the neck, shoulders, head, or base of the skull following an event that causes the head to move suddenly ("whip") in one direction and then recoil in the other direction. The pain is caused by an injury to the cervical vertebrae and surrounding soft tissues. The most common cause of a whiplash injury is a motor vehicle accident in which one vehicle is struck from behind, or rear-ended, by another. To learn more about whiplash, click here.

Willful negligence

Intentional performance of an unreasonable act in disregard of a known risk, making it highly probable that harm will be caused. Willful negligence usually involves a conscious indifference to the consequences. There is no clear distinction between willful negligence and gross negligence.

Witness

A person who testifies under oath as to what he has seen or heard. Compare with expert witness.

Writ

Broadly, a court order requiring the performance of some act or giving authority to have the act done.

Wrongful death action

An action brought to recover damages for the death of a person caused by a wrongful act or neglect or unlawful violence or negligence of another; provided that no recovery for the same damages claimed in the wrongful death action was obtained by the deceased during his lifetime. In Pennsylvania, the action may be brought by the decedent's spouse, children, or parents. If the decedent has no spouse, children, or parents, the action may be brought by a personal representative in order to recover damages for hospital, nursing, medical, funeral, and estate administration costs.

Wrongful death statute

Statutory law that provides the means for the representative of a decedent to bring suit alleging that the decedent's death was caused by someone's willful or negligent act and to seek compensation for monetary loss suffered because of the decedent's death.

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