Richard F. Sharrard, Sr.
Attorney At Law

Dictionary of Important Legal Terms

Application for adjustment of claim:
This is a form that is filed with the Industrial Commission to initiate a workers' compensation claim in Illinois.

Arbitration:
This is a type of hearing which is handled by an Arbitrator or Administrative Law Judge (ALJ). These hearings are typically less formal than court proceedings and often the standard rules of evidence are relaxed. Workers' compensation claims, social security disability claims and some automobile accident claims are handled in arbitration. There are provisions for appeal of an Arbitrator's decision when the parties are not satisfied with the decision.

Claim adjuster:
This is the person who typically works in an insurance company or claim adjustment service and manages the claim on behalf of that company. The adjuster is usually responsible for getting information, such as statements and medical records; paying disability and medical benefits; and settlement of the claim when treatment is complete. The adjuster often consults with the attorneys who represent the person or company responsible for the injury as the claim develops. A claim adjuster is always looking for information that will help the insurance company and hurt the claim of the injured person.

Complaint:
This is the name of the legal document that states a claim in a law suit in Illinois. In Missouri it is called a Petition for Damages.

Contingency Fee:
A fee arrangement that is dependent on the out come of the case. In a contingent fee agreement the attorney is paid a percentage of the dollar amount of the settlement or award and there is no payment if there is no recovery for the client.

Deposition:
The testimony of a witness, given under oath, but not in court. Ordinarily it is recorded by a court reporter, put in written form and authenticated by the witness. It may be used as a discovery tool to learn what a witness will say or as a means of preserving the testimony of the witness.

Evidence:
Evidence refers to almost anything an attorney needs to prove your case. It can be medical records, testimony, photographs, receipts, tax records, pieces of equipment, chemicals, labels, documents, drawings and anything else that may be relevant. It is always important to preserve all evidence related to a claim.

Expert Witness:
This is a witness who usually has special knowledge in a particular field and may provide opinions or evidence to support or refute a claim. Expert witnesses include doctors, engineers, economists and accident reconstructionists. Experts are usually paid for their time at a professional rate, while lay witnesses are not.

Industrial Commission:
This is an Administrative Agency of the state that oversees the workers' compensation proceedings. This agency reviews the decisions of the Arbitrators when a case is appealed.

Information release:
This is a form that may be given to you by an attorney, a claim adjuster or administrative agency. When you sign this form it gives someone permission to obtain information or records about you, usually concerning medical, wage or military information. You should read these forms carefully before you sign them because they often provide for greater access to your records than you are required to give by law.

Medical management nurse:
These nurses usually work for an insurance company or claim adjustment service and their job is monitor the injured person and stay in contact with that person and his doctors in order to relay information back to the insurance company quickly. These nurses often seek to gather information that will hurt the claim of the injured person.

Notice:
In workers' compensation claims and auto accident claims there is usually a requirement that you give notice of your claim to the employer or insurance company within a certain period of time. The notice usually involves the "who, what, when, where and how" of the accident and may be given in writing or orally. If you are unsure about how to give notice you should consult an attorney immediately.

Penalties:
In an Illinois workers' compensation claim, the employer can be made to pay penalty compensation or attorney's fees in some cases where benefits have wrongfully been withheld.

Recorded statement:
A statement is usually not given under oath and is ordinarily taken by an investigator, insurance adjuster or attorney. The statement involves questions and answers, much like a deposition, but often lacks the thoroughness of a deposition.

Settlement:
Whenever an injured person and the person or company responsible for the injury reach an agreement as to compensation that will be given to avoid further legal claims then there is a settlement. This settlement is typically written up in the form of a settlement contract and signed by all the interested parties and their attorneys.

Statute of Limitations:
This is a time limit that determines the date by which a legal action must be filed before you lose your right to bring a claim. Every type of claim has it's own Statute of Limitations and these vary from state to state. Whenever you have a claim you should immediately consult an attorney to find out what time limits apply to your case.

Surveillance:
This the practice of many insurance companies in following, photographing and video-taping an injured person in hopes of catching them doing something that appears to be inconsistent with their physical limitations based on their injuries. This can be very damaging evidence in attacking the credibility of an injured person.

Trial:
A trial is the presentation of evidence and arguments by an attorney in court or in arbitration. Depending on the type of hearing, a judgment may be rendered by a judge or arbitrator or a verdict may be given by a jury.

Workers' Compensation:
This refers to the benefits an employee may be allowed to receive when injured on the job. This can include temporary disability payments while recovering from an injury; payment of medical expenses; vocational and physical rehabilitation; and compensation for permanent injury or disfigurement.

Disclaimer:
All contents copyright 2001-2008 by Richard F. Sharrard, Sr. Attorney at Law. All legal rights reserved. The information contained on this website is not and should not be treated as legal advice or counsel. You should consult an attorney for questions involving your particular legal issues. The content of this site may only be used for your personal use, not for commercial distribution and any duplication must contain the copyright notice.