Glossary of Personal Injury Law Terms
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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.
