Personal Injury Law Glossary
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Magistrate: Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge.
Malfeasance: Commission of a wrongful act; evil doing; wrongful conduct.
Malicious Prosecution: An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.
Mandamus: A writ issued by a court ordering a public official to perform an act.
Manslaughter: The unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm). See also murder.
Material Fact: Generally, a fact essential to a case or a defense without which said case or defense could not be supported.
Mediation: A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.
Medical Malpractice: Broadly, a claim brought against a health-care professional based on professional negligence wherein the health-care professional violates the applicable standard of care and an injury results.
Member: In relation to health care, a member is a person who belongs to a health care plan, like an HMO
Memorialized: In writing.
Mens Rea: The “guilty mind” necessary to establish criminal responsibility.
Mental Anguish: Mental suffering. In some cases, damages may be awarded for mental anguish even though no physical injury is present.
Miranda Warning: Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her. So named as a result of the Miranda v. Arizona ruling by the U.S. Supreme Court.
Misdemeanor: Crimes less serious than felonies. In Pennsylvania, the punishments associated with misdemeanors vary according to degree. A misdemeanor of the first degree may be sentenced to a term of imprisonment of not more than five years. A misdemeanor of the second degree may be sentenced to a term of imprisonment of not more than two years. A misdemeanor of the third degree may be sentenced to a term of imprisonment of not more than one year.
Misfeasance: Improper performance of a lawful act.
Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
Mitigating Circumstances: Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.
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.
Mittimus: The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his or her fate shall be determined by due course of law.
Moot: A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court’s refusal to consider a case because the issue involved has been resolved prior to the court’s decision, leaving nothing that would be affected by the court’s decision.
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 the motion. Compare with non-moving party.
Murder: The unlawful killing of a human being with deliberate intent to kill. Murder in the first degree is characterized by premeditation; murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not. (See also manslaughter.)
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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