Auto Accident Glossary of Terms

Malfeasance

Commission of a wrongful act; evil doing; wrongful conduct.

Material fact

Generally, a fact essential to a case or a defense without which said case or defense could not be supported.

Mediation

Process by which a neutral third party intervenes between two or more contending parties in order to settle the dispute between the parties without going to court.

Medical benefits

In automobile insurance law, those medical-related expenses payable under an automobile insurance policy that include medical treatment and rehabilitative services, such as hospital, dental, surgical, psychiatric, psychological, osteopathic, ambulance, chiropractic, licensed physical therapy, nursing services, vocational rehabilitation and occupational therapy, nursing services, vocational rehabilitation and occupational therapy, speech pathology and audiology, optometric services, medications, medical supplies, and prosthetic devices. In Pennsylvania, $5,000 in medical coverage is required. Additional medical benefits coverage is optional.

Misfeasance

Improper performance of a lawful act.

Mitigation of damages or doctrine of avoidable consequences

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

Motion

An application made to a judge for the purpose of obtaining an order directing some act to be done in favor of the party presenting the application.

Moving party

The party presenting a motion. Compare with non-moving party.

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