Massachusetts Injuries Dictionary

Legal and insurance terms explained plainly

30 days is the deadline that usually gets an insurer's attention in Massachusetts. A 93A demand letter is a written notice sent under Massachusetts General Laws Chapter 93A...

DICTIONARY 2026-03-21

additur

Insurance companies and defense lawyers sometimes toss this word around when a jury award comes in low, acting as if the number on the verdict slip is the final word and the...

DICTIONARY 2026-03-30

affidavit

A written statement of facts that a person swears or affirms is true, usually signed before a notary or other authorized official. Affidavits are used to put key facts into a...

DICTIONARY 2026-03-23

appeal

Like asking a foreman to recheck a call after a worker gets blamed for a bad read, an appeal is a request for a higher court to review what a lower court decided. It is not a...

DICTIONARY 2026-03-29

building code violation

A failure to meet a legally required safety or construction standard. "Building" covers structures and their parts - stairs, railings, exits, wiring, lighting, fire protection,...

DICTIONARY 2026-04-01

burden of proof

People mix this up with the standard of proof, but they are not the same. The burden of proof is about who has to prove a claim or defense. The standard of proof is about how...

DICTIONARY 2026-03-23

chain of custody

A case can fall apart fast when nobody can show who handled a key piece of evidence, where it was stored, or whether it was changed along the way. Chain of custody is the...

DICTIONARY 2026-03-23

clear and convincing evidence

What level of proof does that actually mean? It means the evidence has to be strong enough to leave the judge or jury with a firm belief that something is true. Not just...

DICTIONARY 2026-03-23

closing argument

Miss what this means at trial, and the last part of the case can sound like new evidence is being slipped in when it is really each side making its final push. A closing...

DICTIONARY 2026-03-30

cross-examination

Not the same as hostile arguing, giving a speech, or simply repeating questions asked by the other side. It is the stage of testimony in which one party questions a witness...

DICTIONARY 2026-03-25

declaration

People often mix up a declaration and an affidavit. Both are written statements of fact, but an affidavit is typically sworn before a notary or other authorized official, while...

DICTIONARY 2026-03-23

deposition

What happens when the other side wants to question you before trial? A deposition is a formal, out-of-court session where a witness or party gives sworn testimony while lawyers...

DICTIONARY 2026-03-30

discovery rule

A legal rule that can delay the start of a filing deadline until an injured person knew, or reasonably should have known, that they were harmed and that the harm may have been...

DICTIONARY 2026-03-22

expert witness

A qualified specialist brought in to explain technical, medical, scientific, or industry issues a judge or jury cannot fairly sort out on common sense alone. An expert witness...

DICTIONARY 2026-03-25

fact witness

A person who testifies about what they directly saw, heard, did, or observed, rather than offering specialized opinions based on training or expertise. In a lawsuit, that...

DICTIONARY 2026-03-24

impeachment

You might see this in a motion, deposition notice, or trial prep email as a line about "materials for impeachment" or a warning that a witness "may be impeached." In that...

DICTIONARY 2026-03-30

judgment

So what does it mean when the court enters a judgment? It means the case has reached an official decision the court can enforce. A judgment is the court's final ruling on the...

DICTIONARY 2026-03-29

jury deliberation

You may see this in a trial notice, a courtroom update, or hear a lawyer say, "The case is with the jury now" or "The jury has started deliberating." That means the evidence is...

DICTIONARY 2026-03-24

licensee

You just got a letter that says you were a "licensee" on the property, not an invitee, and that wording can affect how an insurance carrier evaluates fault. A licensee is a...

DICTIONARY 2026-04-03

open and obvious danger

Missing this idea can wreck a claim after a bad fall or other property injury, because a landowner may argue the hazard was so visible that any reasonable person should have...

DICTIONARY 2026-04-04

permanent total disability

Two-thirds of your average weekly wage can be on the line if this is labeled the wrong way. If an insurer treats a life-changing work injury as temporary or only partial, the...

DICTIONARY 2026-03-21

preponderance of evidence

What do you actually have to prove to win a civil case? In most injury lawsuits, you do not need to prove your case beyond all doubt. You need to show that your version of...

DICTIONARY 2026-03-27

remittitur

You might see this in a court order or hear it from a lawyer as, "The judge denied a new trial on the condition of remittitur," or "The plaintiff can accept remittitur or try...

DICTIONARY 2026-03-30

spoliation

What happens if key evidence gets destroyed, altered, or lost after an injury? That is spoliation: the failure to preserve evidence that is relevant to a claim, defense, or...

DICTIONARY 2026-03-26

statute of limitations

Like a punch-clock deadline at the end of a shift, once the window closes, nobody cares how good your excuse is - the chance is gone. A statute of limitations is the legal time...

DICTIONARY 2026-03-26

statute of repose

How can a lawsuit be too late even if you only recently found out what caused the harm? A statute of repose is a hard cutoff that can erase the right to sue after a set number...

DICTIONARY 2026-03-23

subpoena

What trips people up most is that a subpoena is not just a request. It is a formal court-backed order requiring a person, business, or other nonparty to do something specific -...

DICTIONARY 2026-03-25

subpoena duces tecum

A demand for records can swing the value of a case fast. If key papers never show up - or show up late - you can have a harder time proving damages, pinning down who knew what,...

DICTIONARY 2026-03-27

tolling

People often mix up tolling with an extension, but they are not the same. An extension usually adds more time because a rule or court order says so. Tolling pauses the clock on...

DICTIONARY 2026-03-24

trespasser

Not just anyone who gets hurt on someone else's property qualifies as a trespasser. A customer who walks into the wrong doorway, a delivery driver using the front steps, or a...

DICTIONARY 2026-04-03

unfair claim settlement practices

$100,000 can disappear fast after a serious crash or a missed diagnosis, and unfair claim settlement practices are the insurer tactics Massachusetts law forbids when a company...

DICTIONARY 2026-03-21

verdict

People often mix up a verdict with a judgment, but they are not the same thing. A verdict is the decision a jury reaches after hearing the evidence and following the judge's...

DICTIONARY 2026-03-28