The one-bite rule often arises in lawsuits involving bites from domesticated animals (e.g. dog bites). This rule is a scienter requirement under common law that requires the plaintiff to first bear the burden of proof in pleading and proving...
accidents & injuries (tort law)
one-satisfaction rule
The one-satisfaction rule is a common law principle that a plaintiff should only recover once for a particular injury, thereby preventing overcompensation of the plaintiff for their injury. Thus, a plaintiff who fully recovers from one...
pain and suffering
Pain and suffering refers to the physical discomfort and emotional distress that are compensable as noneconomic damages. It refers to the pain, discomfort, anguish, inconvenience, and emotional trauma that accompanies an injury. In New York,...
pari delicto
See: in pari delicto
[Last updated in November of 2023 by the Wex Definitions Team]
partial defense
A partial defense is a type of defense that mitigates the defendant’s culpability. An example is the provocation defense in criminal law. If the defendant can prove that they were provoked to commit the crime, they can reduce their liability...
permanent injury
Permanent injury is irreversible harm to a person or property. Whether an injury is permanent or temporary may factor into the calculation of damages. For example, in Allis Chalmers Manufacturing Co. v. The Industrial Commission et al., the Illinois...
personal injury
Personal injuries include every variety of injury to a person's body, emotions, or reputation, as contradistinguished from injury to property rights.
GroundsThere are three grounds on which personal injury claims can be...
personal injury recovery
In tort law, personal injury recovery constitutes compensation for economic and non-economic damages inflicted as a result of another’s negligence. Common types of damages for which an individual may receive such compensation include pain and...
plea in abatement
A plea in abatement is a procedural device and type of demurrer used to challenge a complaint. It does not dispute the plaintiff's cause of action, but rather relies on additional facts (outside the pleadings) to object to the place, time, or...
policyholder
Policyholder is a person or entity that owns an insurance policy, and is also referred to as a policy owner. A policyholder enters an insurance policy with an insurance company and is the individual to whom the policy is issued as stated in...