Personal Injury Law Glossary
- W -
Waiver: Knowing and voluntary relinquishment of a right. Compare with release.
Waiver of Immunity: A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings.
Warrant: Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based.
Will: A legal declaration that disposes of a person’s property when that person dies.
Willful Negligence: Intentional performance of an unreasonable act in disregard of a known risk, making it highly probable that harm will be caused. Willful negligence usually involves a conscious indifference to the consequences. There is no clear distinction between willful negligence and gross negligence.
Without Prejudice: A claim or cause dismissed without prejudice may be the subject of a new lawsuit.
With Prejudice: Applied to orders of judgment dismissing a case, meaning that the plaintiff is forever barred from bringing a lawsuit on the same claim or cause.
Witness: A person who testifies to what he or she has seen, heard. or otherwise experienced. Also, a person who observes the signing of a will and is competent to testify that it is the will-maker’s intended last will and testament.
Workers’ Compensation: Insurance required of almost all employers to help cover their employees’ economic loss due to a job-related injury or illness.
Writ: Broadly, a court order requiring the performance of some act or giving authority to have the act done.
Writ of Certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
Wrongful Death Action: An action brought to recover damages for the death of a person caused by a wrongful act or neglect or unlawful violence or negligence of another; provided that no recovery for the same damages claimed in the wrongful death action was obtained by the deceased during his lifetime. In Pennsylvania, the action may be brought by the decedent’s spouse, children, or parents. If the decedent has no spouse, children or parents, the action may be brought by a personal representative in order to recover damages for hospital, nursing, medical, funeral and estate administration costs.
Wrongful Death Statute: Statutory law that provides the means for the representative of a decedent to bring suit alleging that the decedent’s death was caused by someone’s willful or negligent act and to seek compensation for monetary loss suffered because of the decedent’s death.
Wrongful Death Statutes: Laws giving the family members of a deceased a cause of action if the death of their loved one resulted because of another’s negligence.
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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