(Legal) TOP NOTCH REMOTE SOLUTIONS ( Flashcards

1
Q

50-H Hearing

A

Similar to deposition; plaintiff summon, mandatory questioning under oath by attorney (municipal involvement; after notice of claim is filed)

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2
Q

Bodily injury (BI) claim

A

3rd party claim VS ins. Carrier for:

  • Pain & suffering
  • lost wages
  • lost earnings
  • medical expenses
  • DUE TO NEGLIGENCE of their insured

(A.K.A “BI claim” , “liability claim” , “3.rd party claim”)

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3
Q

Commercial auto policy

A

A business auto insurance policy

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4
Q

Deed

A

Legal document which identifies the owner(s) of a property.

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5
Q

Defense Counsel (“d/c”)

A

Attorney or law firm representing a defendant in a lawsuit

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6
Q

Demand

A

Requirement; compilation of medical records and other pertinent documents (photos, wage documents, police report, etc) sent to an insurance carrier seeking settlement of a claim;

A.K.A “settlement demand package”

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7
Q

Deposition

A

Under oath Testimony (plaintiff’s, defendant’s, non-party witness, etc)

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8
Q

‼️First party claim

A

Claim filed with your own insurance company

‼️AKA:

  • NO-FAULT
  • MEDPAY
  • COLLISION claim
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9
Q

F.O.I.L request

A

*ONLY IN NY
Freedom of information law
ALLOWS PPL to get records of state and local government

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10
Q

Infant compromise order (ICO)

A

Court order which approves settlement w/ individual under 18 (‘infant’)

INFANT BY LAW = > 18

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11
Q

Insurance claim

A

Formal request VS ins. Carrier for:

  • coverage
  • Compensation

For a covered loss.

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12
Q

Lawsuit

A

Legal action filed in the court of law (CASES IN LITIGATION DEPARTMENT);

Starts when Summons and Complaint is filed with the Court.

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13
Q

Liability

A

Concept of fault / responsibility on a person / entity for an accident / injury

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14
Q

Liability insurance

A

3rd PARTY COVERAGE for damages caused to others due to the NEGLICENCE OF THE INSURED

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15
Q

Mass Tort

A

Act or omission that harms or injuries NUMEROUS PPL

  • pharmaceutical company
  • chiropractic devices
  • etc
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16
Q

Medical Authorization

A

(in writing) Agreement or acknowledgement signed by the CX which allows us to obtain documents pertaining to their medical treatment

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17
Q

Medical malpractice

A

Case against a medical or health professional for deviating from the professional standards of their profession causing INJURY TO THE PATIENT

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18
Q

MEDPAY

A

Medical payments coverage
Optional coverage offered on auto and motorcycle policies that covers medical expenses and funeral costs due to a covered loss; also available in homeowners cases - NOT FOR WAGES

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19
Q

Municipality

A

A State, county, city or town that has corporate status

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20
Q

MVAIC

A

MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION ;

Provides bodily injury and no-fault coverage to NY residents who are injured in a crash (drivers, passengers, pedestrians, cyclists)
WHEN THERE IS NO AVAILABLE INSURANFE

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21
Q

Negligence

A

Failure to use reasonable care resulting in damage or injury to another party

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22
Q

No-Fault insurance (NF / PIP)

A

🚩1st party auto insurance coverage
Provided to an “insured” regardless of fault in a car crash that pays for medical expenses and lost earnings

A.K.A:

  • Personal injury protection
  • PIP
  • NF
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23
Q

Notice of claim

A

Legal document required in NY to be served upon municipality within 90 days of an accident

Paper that needs to be presented to MUNICIPALITY for later lawsuit to proceed. 90 day deadline

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24
Q

Notice of intent

A

Same as notice of claim, NU, but to ATTORNEY GENERAL (within 90 days of accident )

25
Q

Opppsing counsel (OPC)

A

Lawyer representing a defendant in a dispute.

26
Q

Personal auto insurance policy

A

Insurance policy covering a personal automobile

27
Q

Personal injury law

A

The area of law covering the pursuit of compensation for injuries to a person caused by a negligent party

28
Q

Plaintiff

A

An individual bringing a case against another party (the good guy)

29
Q

Power of attorney (POA)

A

Legal document that grants authority to act for another person in a specified legal or financial matter

30
Q

Premise liability

A

The concept of fault VS a property owner for an unsafe or defective condition

31
Q

Serious injury threshold

A

NY State law that requires a plaintiff must suffer a “Qualifying” injury in order to be entitled to compensation in a P.I.C or lawsuit

32
Q

Social security disability

A

Provides benefits to a person who become disabled and unable to work for 12 months (can be filed after 6 months)

33
Q

Statute of limitations

A

Law that sets the maximum time that parties have to initiate a lawsuit from the date of the incident;

A.K.A
SOL

34
Q

Summons and complaint

A

Legal document served upon a defendant that initiated a civil lawsuit

35
Q

Supplementary Uninsured / Underinsured Motorist Coverage (“SUM/UM)

A

Auto coverage. mandatory. PROVIDES COVERAGE to an insured in the event that they are injured BY UNINSURED OR UNDERINSURED MOTORIST.

NYS minimum bodily injury limit is:
* $25,000 / $50,000.

36
Q

Retainer agreement

A

A work-for-hire contract signed by the client to allow for representation.

37
Q

Subrogation:

A

(Including your deductible) PROCESS of which an INS. Company COLLECTS $$$ from the AT FAULT PARTY’s INS. Company in order to recover funds you or your insurance carrier paid out

38
Q

Third party claim

A

Claim against another individual’s or corporation’s insurance.

A.K.A:

  • bodily injury claim (BI)
  • Property damage claim
39
Q

Tort🍰

A

Wrongful act that gives rise to injury, harm or loss to someone

40
Q

Tortfeasor 🍰👨‍🏫

A

A person who commits a tort.

41
Q

Worker’s compensation

A

WORKERS COMP.
Ins. Coverage that provides medical and wage benefits to workers who are injuries or become ill as a direct result of their job.

42
Q

Wrongful death claim💀☠️

A

Liability claim against a defendant for the seat of an individual

43
Q

DDLF (Disclosure of Division of Legal Fees)

A

Retainer between 2 firms.

44
Q

PRL

A

Premise liability cases

45
Q

Lien

A

Gravamen.
Money that has to be paid to CC that is not the client and is not us. Money from the settlement.

‼️(MEDICAID, MEDICARE, PRIVANTE INS, etc)

46
Q

Interim (lien amount)

A

Tells us where we at right now, “up to date” “up to SAID DATE”. Additional charges might be incurred

47
Q

Notice of intention

A

Filed to the state of NY. to be filed into COURT OF CLAIMS. procedures are a bit diferent than notice of intent, it is a claim against the state, 98% similar format but still different

48
Q

OCA

A

Office of court administration (NEEDED when retainer filed whenever we are retained for a case in the 1st or 2nd department)

49
Q

NF2

A

No fault application

50
Q

NF3

A

Verification of treatment by attending physician (sent to doctor)

51
Q

NF4

A

Verification of hospital treatment (sent to hospital)

52
Q

NF6

A

Employer’s wage verification report (sent to employer)

53
Q

NF 10

A

Denial of claim form (sent to provider, claimant, attorney)

54
Q

NF13

A

OBEL election form; claimant must select how this $25,000 in coverage is used. (Sent to claimant / attorney) 4 options:

  1. Health services, wages, other expenses
  2. Lost wages
  3. Therapy and rehabilitation
  4. Combination of 1 and 2 (most common selection)
  • used when payment issued is less than what is stipulated
55
Q

(PIP)

A

Personal injury protection

56
Q

OBEL

A

Optional basic economic loss $25,000 - no good vs 3rd party claim

57
Q

Additional pip

A

More pip at a cost. Sold by ins. Requires NF11 b4 benefits paid.

58
Q

No fault IME

A

Independent medical exam set up by NF insurance company to determine if or what further treatment is medically necessary as it relates to injuries suffered in the auto accident.
Attendance required