Glossary of Legal Terms

Temporary Disability

Healing period during which claimant is totally or partially unable to work due to injury, and continues as long as recovery or lasting improvement of injured person’s condition can reasonably be expected.

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Temporary Disability Benefits

Cash benefits payable to an individual who cannot work because of sickness or injury NOT caused by their job.

See: Temporary Disability Benefits on our Workers' Compensation page.

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Testator/Testatrix

One who makes or has made a testament or will; who dies leaving a will.

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Testimony

Evidence given by a competent witness under oath or affirmation; as distinguished from evidence derived from writings, and other sources.

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Third Party

One not a party to an agreement or to a transaction but who may have rights therein.

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Third Party Complaint

A complaint filed by the defendant against a third party. This complaint alleges that the third party is or may be liable for all or part of the damages which the plaintiff may win from the defendant.

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Tort

A private or civil wrong or injury, other than breach of contract, for which the court will provide a remedy in the form of an action for damages.

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Toxic Torts

A type of personal injury lawsuit in which the plaintiff claims that exposure to a chemical caused the plaintiff's injury or disease. Most toxic tort cases arise from exposure to pharmaceutical drugs or occupational exposures.

Pharmaceutical toxic tort cases differ from medical malpractice cases because they are essentially product liability cases, the defective product being the drug.

An occupational toxic tort case is different from a workers’ compensation case because it is brought against a third party (someone other than the employer), namely the manufacturer or distributor of the chemicals or devices that expose the worker to the chemicals.

Common chemicals in toxic tort cases: Benzene, Beryllium, Pesticides, Silica, Manganese, Asbestos, Dioxin/Agent Orange, PCBs

Common diseases in toxic tort cases: Aplastic anemia, Asbestosis, Berylliosis, Byssinosis, Hodgkins disease, Interstitial lung disease, Leukemia, Lymphoma, Manganism, Mesothelioma, Multiple myeloma, Pneumoconiosis, Sarcoidosis, Silicosis, Thrombocytopenic purpura.

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Trial

A judicial examination and determination of issues between parties to action.

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Trial Lawyer

A lawyer who specializes in defending clients before a court of law.

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Trust

Any arrangement whereby property is transferred with intention that it be administered by trustee for another’s benefit.

See: What is a Trust on our Wills, Trust & Estates page.

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Trustee

The person or entity appointed, or required by law, to execute a trust.

See: Trustee on our Bankruptcy Law page.

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