Personal Injury Law Glossary
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Bad faith: Intention to mislead or deceive; conscious refusal to fulfill some duty. Implies active ill will, as opposed to negligence. Bad faith is not bad judgment; it requires conscious wrongdoing.
Bail: Money or other security (such as a bail bond) provided to the court to temporarily allow a person’s release from jail and assure their appearance in court. “Bail” and “bond” are often used interchangeably.
Bail Bond: An obligation signed by the accused to secure his or her presence at the trial. This obligation means that the accused may lose money by not properly appearing for the trial. Often referred to simply as bond.
Bailiff: Court officer responsible for keeping order in the court, custody of the jury, and custody of prisoners while in court.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released from or “discharged” from their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. The person with the debts is called the debtor and the people or companies to whom the debtor owes money to are called creditors.
Bar: 1. Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. 2. More commonly, the term means the whole body of lawyers.
Bar Examination: A state examination taken by prospective lawyers in order to be admitted and licensed to practice law.
Battery: The unlawful use of force resulting in the injury of another. Battery always includes assault. See assault.
Bench: The seat occupied by the judge. More broadly, the court itself.
Bench Trial or Non-jury Trial: Trial before a judge and without a jury. In a bench trial, the judge decides questions of law and questions of fact.
Bench Warrant: An order issued by a judge for the arrest of a person.
Beneficiary: Someone named to receive property or benefits in a will. In a trust, a person who is to receive benefits from the trust.
Bequeath: To give a gift to someone through a will.
Bequests: Gifts made in a will.
Best Evidence: The most direct evidence possible, such as producing an original document to prove that the document exists and what it states. A copy of a document or testimony by a witness would be “secondary evidence.” The best evidence rule prohibits the introduction of secondary evidence unless best evidence cannot be obtained, so long as the party seeking to introduce the secondary evidence is not at fault in making the best evidence incapable of being obtained.
Beyond a Reasonable Doubt: The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.
Bill of Particulars: A statement of the details of the charge made against the defendant.
Binding Authority: Law that controls the outcome of a case. For example, a decision on the same point of law by a higher court in the same state must be followed by a lower court in that state. See precedent.
Bind Over: To hold a person for trial on bond (bail) or in jail. If the judicial official conducting a hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused’s appearance at trial.
Booking: The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows the arrest.
Breach of Contract: Failure, without legal excuse, to perform all or some of the promises made in a contract.
Brief: Written document, usually prepared by an attorney, submitted to the court about a case, containing summaries of the facts of the case, relevant laws, and an argument showing how the laws support that party’s position.
Burden of Proof or Standard of Proof: Degree of proof required in a specific kind of case to prevail. In the majority of civil cases, it is proof by a preponderance of the evidence.
Bystander: In products liability law, a person who neither buys nor uses a product, but who nevertheless is injured by the product and may have a cause of action.
DISCLAIMER: The information contained within this personal injury site is of a general nature and is not meant to be a restatement of any rules of law. Your use of this site does not create an attorney-client relationship. You should hire an attorney to obtain legal advice for your specific case.
- Injuries
- Accidents
- Offshore / Maritime
- Dangerous Drugs & Products
- Food Poisoning
- Nursing Home Neglect
Personal injury is a legal term that describes a serious injury suffered by one person that is caused by the negligence or wrongful actions of another. Negligence or wrongful conduct can happen in the form of a car accident, medical malpractice, maritime accidents, or dangerous products.
Whether you were hurt in a car wreck, on an oil rig or suffered harm from a prescription drug, your first priority is medical treatment – but you may be confused about your next steps. If you or a loved one has been seriously hurt, an experienced personal injury attorney can be a vital resource for providing knowledgeable, no-nonsense advice about your legal options. The personal injury attorneys at Neblett, Beard & Arsenault have been helping injury victims for more than two decades – and we’re ready to work for you. Contact us today at 1-800-256-1050 or submit an online request.
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Vehicle accidents are among the most common causes of personal injury in Louisiana. In 2008, there were thousands of car accidents, including 827 fatal traffic collisions – causing the death of 920 people. Considering that most of us must use a vehicle to travel to our jobs, our schools, stores and home, we are all at risk for becoming involved in a vehicle accident at some point in our lives.
The vehicle accident attorneys at Neblett, Beard & Arsenault have devoted the past 25 years to representing injury victims in Alexandria, Baton Rouge and across the state of Louisiana. We know that even the slightest mistake can quickly turn into a tragic accident – and if you’ve been hurt because of someone else’s negligence on the roads, you have the right to file for financial compensation. Contact us at 1-800-256-1050 or submit an online request for a free evaluation of your claim.
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Maritime law is the area of our legal system that covers incidents that occur on the water. Maritime law encompasses individuals who are injured on a boat as a member of the crew or a passenger. It also covers longshoremen, offshore oil field workers and many other individuals injured on a boat, rig or dock.
The Maritime Law attorneys at Neblett, Beard & Arsenault have been providing knowledge and experience to law firms across the country in the area of maritime law for more than a quarter of a century. If you or a loved one has been hurt while working in a maritime profession, contact our firm by calling 1-800-256-1050 today or submit an online request.
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Dangerous drugs and dangerous medical products can often do more harm than the disease or condition they are treating. Despite FDA regulations, many products slip by with unknown and harmful side effects that could be caused by a flaw in design or production. Sometimes these side effects are known by the company, but the product is pushed through in order to avoid delays and make profit.
If you have been hurt by a prescription drug or other pharmaceutical product, the best thing that you can do for yourself and other patients is to come forward. The pharmaceutical litigation lawyers at Neblett, Beard & Arsenault of Louisiana know how to deal with the big drug companies and we work hard to help ensure that the injured receive justice. Contact us today at 1-800-256-1050 or submit an online request. We handle pharmaceutical litigation claims across the state of Louisiana including Alexandria and Baton Rouge.
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Foodborne illnesses are highly preventable, yet they are very common in the United States. According to the Centers for Disease Control and Prevention (CDC), nearly 325,000 people are hospitalized due to food poisoning and more than 5,000 die. Poor preparation and improper handling of food can expose thousands of people to dangerous diseases such as botulism, campylobacterioses, e.coli, listeria and salmonella.
If you or someone you love has become seriously ill due to contaminated food, contact the Louisiana food poisoning attorneys at Neblett, Beard & Arsenault today. We have represented thousands of personal injury victims including victims of food poisoning. Call 1-800-256-1050 today or submit an online request. We represent victims across the state of Louisiana including Alexandria and Baton Rouge.
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It is a difficult and emotional decision to place a mother, father or grandparent in a nursing home. When you do, you expect that your loved ones will experience the highest level of care possible. Unfortunately, that is not always the case. No matter how carefully you choose and investigate a nursing home facility, nursing home neglect, abuse and mistreatment do occur.
The nursing home negligence attorneys at Neblett, Beard & Arsenault have spent the past 25 years representing injury victims across the state. Our lawyers have represented thousands of people suffering from nursing home negligence, and we understand the serious complications that can result. If your loved one has experienced nursing home negligence, contact our firm by calling 1-800-256-1050 today or submit an online request. We handle nursing home neglect cases from Alexandria, Baton Rouge and across Louisiana.
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