An asbestos claim comes with a vocabulary of its own, and it's easy to feel lost when a document uses words no one explains. This category translates the legal terms you'll actually run into, so you can follow your own case and ask better questions.
Some terms shape whether and how you file. A statute of limitation sets the deadline to bring a claim, a contingency fee means your lawyer is paid only if you recover, and an asbestos trust is a fund set up by a bankrupt manufacturer to pay people it harmed. Others describe how a case moves. Discovery is the exchange of evidence, a deposition is sworn testimony taken before trial, and summary judgment is a request to decide the case without one.
You'll also find the roles and remedies that matter to families, including plaintiff and defendant, personal representative, wrongful death, and workers' compensation. If your case is part of multidistrict litigation (MDL), that term's here too.
Every term below links to a full plain-language definition.
Terms in this category
- Asbestos TrustAn asbestos trust is a court-supervised fund created when a company with significant asbestos liability files…
- Bankruptcy Trust TransparencyBankruptcy trust transparency refers to the rules and practices governing how much information about asbestos…
- Bar DateA bar date is the deadline set by a bankruptcy court for creditors to file proofs of claim. In most asbestos …
- Breach of WarrantyA breach of warranty occurs when a product fails to live up to a promise the seller or manufacturer made abou…
- Chain of CustodyChain of custody is the documented record showing who collected a piece of evidence, when, and everyone who h…
- Contingency FeeA contingency fee is a payment arrangement where your attorney is paid only if your case results in a settlem…
- De NovoDe novo is a Latin phrase meaning "from the beginning" or "anew." In law, it describes a court reviewing a ma…
- DefendantA defendant is the person or company being sued in a civil lawsuit. In an asbestos case, defendants are typic…
- DepositionA deposition is sworn testimony given outside of court, usually in a conference room, where attorneys ask que…
- DiscoveryDiscovery is the formal pre-trial phase in which each side gathers evidence from the other through written qu…
- Fact WitnessA fact witness is a person who testifies about events, conditions, or conversations they personally saw, hear…
- Genuine Issue of Material FactA genuine issue of material fact is a real, evidence-backed disagreement about a fact that could change the o…
- Hearsay ExceptionA hearsay exception is a rule that lets certain out-of-court statements be used as evidence in court, even th…
- LienA lien is a legal claim against money or property to secure repayment of a debt. In asbestos cases, health in…
- Manufacturing DefectA manufacturing defect is a flaw that occurs when a specific product comes off the production line different …
- Material FactA material fact is a piece of information important enough that it could change how a judge or jury decides a…
- Multidistrict Litigation (MDL)Multidistrict Litigation is a federal court procedure that gathers many separate lawsuits sharing common fact…
- NoticeIn law, "notice" means being formally informed of something, or being in a position where you should have kno…
- Personal RepresentativeA personal representative is the person legally authorized to act on behalf of someone who has died, or their…
- PlaintiffThe plaintiff is the person who files a lawsuit asking a court for compensation or other relief. In an asbest…
- Plan of ReorganizationA plan of reorganization is the document that sets out how a company in Chapter 11 bankruptcy will pay its cr…
- Prepackaged BankruptcyA prepackaged bankruptcy is a Chapter 11 case in which the company negotiates its plan with key creditors and…
- Pro Hac VicePro hac vice is a court order that lets a lawyer who is not licensed in a particular state appear in that sta…
- ReleaseA release is the document a claimant signs when settling, giving up the right to pursue claims against the se…
- Request for ProductionA Request for Production (often called an "RFP") is a formal written demand sent during the discovery phase o…
- Rule 401Rule 401 of the Federal Rules of Evidence sets the basic test for whether evidence is "relevant" and can be c…
- Scintilla of EvidenceA scintilla of evidence is the tiniest spark of proof, barely more than a suspicion. Historically, some court…
- StandingStanding is the legal right to bring a lawsuit. To have standing, you must show that you personally suffered …
- Statute of LimitationA statute of limitation is a law that sets a deadline for filing a lawsuit after an injury occurs. If you mis…
- SubrogationSubrogation is the legal process by which one party (usually a health insurer, Medicare, Medicaid, the VA, or…
- Summary JudgmentSummary judgment is a court ruling that decides all or part of a case without a trial because, after reviewin…
- TollingTolling is the pausing or extending of a statute of limitations or other filing deadline. A deadline may be t…
- TortA tort is a civil wrong, an act or failure to act that harms another person and gives the injured person the …
- Unimpaired ClaimantAn unimpaired claimant is a person who has been exposed to asbestos, and may show markers of exposure such as…
- Wards of the admiralty"Wards of the Admiralty" is a long-standing legal doctrine recognizing that seamen, because they historically…
- Workers’ CompensationWorkers' compensation is a state-run insurance system that pays medical bills and partial wage replacement to…
- Wrongful DeathA wrongful death claim is a civil lawsuit brought by the surviving family members or estate of a person whose…
Terms in this category
Browse the full Lexicon, or talk it through with a member of our litigation team, not a screener, at 833-4-ASBESTOS.