(Legal) TOP NOTCH REMOTE SOLUTIONS ( Flashcards
50-H Hearing
Similar to deposition; plaintiff summon, mandatory questioning under oath by attorney (municipal involvement; after notice of claim is filed)
Bodily injury (BI) claim
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”)
Commercial auto policy
A business auto insurance policy
Deed
Legal document which identifies the owner(s) of a property.
Defense Counsel (“d/c”)
Attorney or law firm representing a defendant in a lawsuit
Demand
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”
Deposition
Under oath Testimony (plaintiff’s, defendant’s, non-party witness, etc)
‼️First party claim
Claim filed with your own insurance company
‼️AKA:
- NO-FAULT
- MEDPAY
- COLLISION claim
F.O.I.L request
*ONLY IN NY
Freedom of information law
ALLOWS PPL to get records of state and local government
Infant compromise order (ICO)
Court order which approves settlement w/ individual under 18 (‘infant’)
INFANT BY LAW = > 18
Insurance claim
Formal request VS ins. Carrier for:
- coverage
- Compensation
For a covered loss.
Lawsuit
Legal action filed in the court of law (CASES IN LITIGATION DEPARTMENT);
Starts when Summons and Complaint is filed with the Court.
Liability
Concept of fault / responsibility on a person / entity for an accident / injury
Liability insurance
3rd PARTY COVERAGE for damages caused to others due to the NEGLICENCE OF THE INSURED
Mass Tort
Act or omission that harms or injuries NUMEROUS PPL
- pharmaceutical company
- chiropractic devices
- etc
Medical Authorization
(in writing) Agreement or acknowledgement signed by the CX which allows us to obtain documents pertaining to their medical treatment
Medical malpractice
Case against a medical or health professional for deviating from the professional standards of their profession causing INJURY TO THE PATIENT
MEDPAY
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
Municipality
A State, county, city or town that has corporate status
MVAIC
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
Negligence
Failure to use reasonable care resulting in damage or injury to another party
No-Fault insurance (NF / PIP)
🚩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
Notice of claim
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
Notice of intent
Same as notice of claim, NU, but to ATTORNEY GENERAL (within 90 days of accident )
Opppsing counsel (OPC)
Lawyer representing a defendant in a dispute.
Personal auto insurance policy
Insurance policy covering a personal automobile
Personal injury law
The area of law covering the pursuit of compensation for injuries to a person caused by a negligent party
Plaintiff
An individual bringing a case against another party (the good guy)
Power of attorney (POA)
Legal document that grants authority to act for another person in a specified legal or financial matter
Premise liability
The concept of fault VS a property owner for an unsafe or defective condition
Serious injury threshold
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
Social security disability
Provides benefits to a person who become disabled and unable to work for 12 months (can be filed after 6 months)
Statute of limitations
Law that sets the maximum time that parties have to initiate a lawsuit from the date of the incident;
A.K.A
SOL
Summons and complaint
Legal document served upon a defendant that initiated a civil lawsuit
Supplementary Uninsured / Underinsured Motorist Coverage (“SUM/UM)
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.
Retainer agreement
A work-for-hire contract signed by the client to allow for representation.
Subrogation:
(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
Third party claim
Claim against another individual’s or corporation’s insurance.
A.K.A:
- bodily injury claim (BI)
- Property damage claim
Tort🍰
Wrongful act that gives rise to injury, harm or loss to someone
Tortfeasor 🍰👨🏫
A person who commits a tort.
Worker’s compensation
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.
Wrongful death claim💀☠️
Liability claim against a defendant for the seat of an individual
DDLF (Disclosure of Division of Legal Fees)
Retainer between 2 firms.
PRL
Premise liability cases
Lien
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)
Interim (lien amount)
Tells us where we at right now, “up to date” “up to SAID DATE”. Additional charges might be incurred
Notice of intention
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
OCA
Office of court administration (NEEDED when retainer filed whenever we are retained for a case in the 1st or 2nd department)
NF2
No fault application
NF3
Verification of treatment by attending physician (sent to doctor)
NF4
Verification of hospital treatment (sent to hospital)
NF6
Employer’s wage verification report (sent to employer)
NF 10
Denial of claim form (sent to provider, claimant, attorney)
NF13
OBEL election form; claimant must select how this $25,000 in coverage is used. (Sent to claimant / attorney) 4 options:
- Health services, wages, other expenses
- Lost wages
- Therapy and rehabilitation
- Combination of 1 and 2 (most common selection)
- used when payment issued is less than what is stipulated
(PIP)
Personal injury protection
OBEL
Optional basic economic loss $25,000 - no good vs 3rd party claim
Additional pip
More pip at a cost. Sold by ins. Requires NF11 b4 benefits paid.
No fault IME
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
