Pennsylvania Car Accident Glossary of Terms

Carpal Tunnel Syndrome (CTS)

A nerve disorder in the hand that causes pain and loss of feeling, especially in the thumb and first three fingers. Auto accidents can cause CTS.

Cartilage

A tough, white, fibrous connective tissue that is attached to the joint surfaces of the bones.

Causation

The act by which an effect is produced. See also " legal cause" and "proximate cause."

Cause of action

Fact or facts that give someone the right to seek a remedy through the court because the facts of the case apply to a certain law sought to be enforced.

Certiorari

(Latin: "To be informed of.") Writ issued by a superior or higher court to a lower court requiring the lower court to produce a certified record of a case tried there so that the superior or higher court can examine the lower court proceedings for errors. See record.

Cervical

Of or pertaining to the neck or the region of the neck.

Circumstantial evidence

Evidence not based on actual personal knowledge or observation of the fact in dispute, but, rather, evidence of other personal knowledge or observation which allows a jury to infer the existence or nonexistence of a fact in dispute. An example of direct evidence of who was at fault for a car accident would be a witness who actually saw the accident. An example of circumstantial evidence in this case would be a witness who drove by after the impact and saw the defendant's car in the wrong lane.

Civil action

Action brought to enforce private rights. Generally, all actions except criminal actions.

Civil law

Body of law concerned with private rights and remedies, as contrasted with criminal law. Compare with criminal law .

Claim

A claimant's demand for money made against an insurance company that is based upon the claimant's assertion of a right to payment.

Claim adjuster

See adjuster.

Claimant

One who asserts a right, demand, or claim.

Collateral source rule

The rule ensures that compensation awarded to a plaintiff in a lawsuit will not be reduced if the plaintiff receives compensation for the same injury from another source, such as insurance. Under the rule, a defendant tort-feasor is unable to benefit from the fact that the plaintiff received money from another source, such as insurance, because of the defendant's tort.

Collision insurance

or collision coverage . Form of automobile insurance that provides reimbursement for the cost of repairing or replacing an insured vehicle that was involved in a crash.

Common law

Law deriving its authority from usage and customs or judgments of courts recognizing and enforcing such usages and customs. Generally, law made by judges rather than by legislatures.

Comparative negligence

Comparing the plaintiff's contributory negligence to the defendant's negligence. Pennsylvania's Comparative Negligence statute states that when a plaintiff is guilty of contributory negligence and that negligence was not greater than the defendant's negligence, the plaintiff's damages will be diminished in proportion to his negligence in causing the accident.

Compensation

Something that makes up for a loss, such as money.

Compensatory damages

Money paid that compensates the injured party for the actual dollar value loss incurred in connection with the injury sustained. Examples of compensatory damages include payment of medical and wage-loss expenses. Compare with general damages and punitive damages.

Complaint

In the legal sense, the document a plaintiff files with the court which contains allegations and damages sought. A complaint generally starts a lawsuit.

Comprehensive coverage

Commonly available in contracts of automobile insurance, this coverage protects against all damages to the insured vehicle except collision or upset.

Contingent fee agreement

An agreement between an attorney and his or her client whereby the attorney agrees to represent the client for a percentage of the amount recovered.

Contributory negligence

Broadly, carelessness on the plaintiff's part. More precisely, conduct which falls below the standard of care established by law for the protection of one's self against unreasonable risk of harm.

Counterclaim

Claim brought by a defendant against the plaintiff.

Court

Refers to a specific court, such as the Supreme Court of Pennsylvania, or may also refer to a judge.

Court reporter

The person who stenographically records and transcribes testimony during court proceedings or related proceedings such as depositions.

Coccygeal

Of or pertaining to the coccyx, which is a small bone at the base of the spinal column that consists of several fused rudimentary vertebrae.

Criminal law

Criminal law declares what conduct is criminal and prescribes punishment to be imposed for criminal conduct. The purpose of criminal law is to prevent harm to society.

Cross claim

Claim brought by a defendant against a co-defendant in a lawsuit.

Cross-examination.

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

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