Pennsylvania Car Accident Glossary of Terms

Pain and suffering damages

Money paid to compensate an injured party for physical discomfort and distress and mental and emotional trauma.

Paralegal

A person with legal skills who is not an attorney but who works under the supervision of an attorney.

Party

A person who is designated on the record as the plaintiff or the defendant in a lawsuit.

Person

Generally, a human being. Legally, a "person" may statutorily include a corporation, partnership, trustee, legal representative, etc.

Personal jurisdiction

The power of a court over a person. Compare with subject matter jurisdiction.

Personal representative

One who stands in the place of another.

Petition

A formal written request for judicial action on a certain matter.

Petition for Allowance of Appeal

Petition filed with the Pennsylvania Supreme Court requesting that the court hear a certain matter.

Petitioner

One who presents a petition to a court, officer, or legislative body.

Plaintiff

In civil law, the person who brings an action or starts a lawsuit.

Plead

In civil law, a defendant's formal answer to a plaintiff's complaint.

Pleading

A document filed in a court that pertains to a case.

Policy of insurance

or policy. A written insurance contract.

Policyholder

The insured who has an insurance contract with an insurance company.

Power of attorney

Written document authorizing one person to take certain legal actions on behalf of the person giving the power of attorney.

Precedent

Decision by a court that provides an example or authority for later cases involving a similar question of law. See binding authority.

Preponderance of the evidence

The amount of evidence needed for a plaintiff to win in a civil action. A preponderance of the evidence is the greater weight of the evidence or the more convincing evidence in comparison to the evidence offered in opposition. A plaintiff can win by a preponderance of the evidence even if the plaintiff's evidence merely tips the scales in plaintiff's favor.

Premium

The agreed-upon consideration payed by an insured to an insurer in accordance with an insurance contract.

Presumptively capable of negligence

Pennsylvania law places minors in three categories based on age. Minors under 7 are conclusively presumed incapable of negligence. Simply put, under the law, they cannot commit torts. Minors between 7 and 14 are presumed incapable of negligence, but the presumption is rebuttable or disputable, and the presumption grows weaker as the child nears his or her 14th birthday. Minors over 14 are presumptively capable of negligence. Simply put, under the law they are presumed as being able to commit torts. The burden is on the minor to prove incapacity.

Prevailing party

Generally, the winning party in a lawsuit.

Privileged communication

Statement protected from forced disclosure in court because the statement was made within a "protected" relationship such as attorney/client. See attorney-client privilege.

Pro bono

(Latin: "for the good") Used to describe the provision of services free of charge.

Procedural law

Generally, the body of law establishing the method or procedure of enforcing rights or obtaining redress for invasion of rights. Compare with substantive law which establishes rights.

Products liability

Area of the law involving the liability of manufacturers and sellers of dangerous or defective goods or products.

Promulgate

To officially announce.

Property damage

In automobile insurance law, property damage refers to the damage sustained by a vehicle that was involved in a collision.

Proximate cause

The proximate cause of an injury is the primary or moving cause that produces the injury and without which the accident could not have happened, if the injury is one which might be reasonably anticipated or foreseen as a natural consequence of the wrongful act.

Punitive damages

Money awarded to the plaintiff over and above that which will compensate him for his injuries in order to punish the defendant for outrageous conduct. Compare with compensatory damages and general damages .

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