Personal Injury Legal Glossary

74 legal terms explained in plain language. Understand the terminology used in injury claims and settlements.

A

Assumption of Risk

A legal defense arguing the plaintiff knowingly accepted the dangers of an activity. If proven, it can reduce or eliminate the defendant's liability.

At-Fault

The party determined to be responsible for causing an accident or injury. In at-fault states, the negligent driver's insurance pays for damages.

B

Bad Faith

When an insurance company unreasonably denies, delays, or undervalues a legitimate claim. Policyholders can sue for bad faith and recover additional damages.

Bodily Injury Liability

Insurance coverage that pays for injuries you cause to others in an accident. It covers medical bills, lost wages, and pain and suffering of the injured party.

Burden of Proof

The obligation to prove allegations in a legal case. In personal injury cases, the plaintiff must prove the defendant's negligence by a 'preponderance of evidence' (more likely than not).

C

Causation

The legal requirement to prove that the defendant's actions directly caused the plaintiff's injuries. Both actual cause (but-for test) and proximate cause must be established.

Claim

A formal request to an insurance company for compensation after an injury or loss. Claims can be filed with your own insurer or the at-fault party's insurer.

Collateral Source Rule

A legal rule preventing the defendant from reducing damages because the plaintiff received compensation from other sources like health insurance or disability benefits.

Comparative Negligence

A system where fault is divided among parties. Your compensation is reduced by your percentage of fault. Under pure comparative negligence, you can recover even if 99% at fault.

Compensatory Damages

Money awarded to compensate the plaintiff for actual losses including medical bills, lost wages, property damage, and pain and suffering.

Contingency Fee

A payment arrangement where the attorney receives a percentage (typically 33-40%) of the settlement or verdict. If you lose, you owe nothing in attorney fees.

Contributory Negligence

A strict rule used in a few states (Alabama, Maryland, North Carolina, Virginia, DC) where any fault by the plaintiff bars recovery entirely.

D

Damages

The monetary compensation sought or awarded in a personal injury case. Includes economic damages (medical bills, lost wages) and non-economic damages (pain and suffering).

Daubert Standard

The legal standard for admitting expert testimony in federal courts. The judge acts as gatekeeper to ensure expert opinions are based on reliable scientific methodology.

Defendant

The person or entity being sued in a lawsuit. In personal injury cases, this is typically the at-fault party or their insurance company.

Demand Letter

A formal letter sent to the insurance company outlining your injuries, damages, and the compensation amount you're seeking. It typically starts the negotiation process.

Deposition

Sworn, out-of-court testimony given by a witness or party. Attorneys ask questions and the testimony is recorded by a court reporter for potential use at trial.

Diminished Value

The reduction in a vehicle's market value after it has been in an accident and repaired. You may be entitled to compensation for this loss.

Discovery

The pre-trial phase where both sides exchange information, documents, and evidence. Includes interrogatories, depositions, and requests for production.

Dram Shop Liability

Laws that hold bars, restaurants, and liquor stores liable for serving alcohol to visibly intoxicated persons who then cause injuries to others.

Duty of Care

The legal obligation to act with reasonable care to avoid causing harm to others. Drivers owe a duty of care to other road users; property owners owe it to visitors.

E

Economic Damages

Quantifiable financial losses from an injury including medical bills, lost wages, future medical costs, and property damage. These are calculated from actual bills and records.

Eggshell Plaintiff

The legal doctrine that a defendant must take the plaintiff as they find them. If a minor impact causes severe injury due to a pre-existing condition, the defendant is still fully liable.

Expert Witness

A professional with specialized knowledge who provides testimony in court. In injury cases, this often includes medical doctors, accident reconstructionists, and economists.

F

Fault

Legal responsibility for causing an accident or injury. Fault determination affects which insurance company pays and how much compensation is available.

First-Party Claim

A claim filed with your own insurance company under your own policy, such as a PIP, MedPay, or uninsured motorist claim.

G

GAP Insurance

Coverage that pays the difference between what you owe on your car loan and the vehicle's actual cash value if it's totaled in an accident.

General Damages

Non-economic damages that compensate for subjective losses like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Good Samaritan Law

Laws that protect people who voluntarily help accident victims from being sued for unintentional harm caused while rendering emergency assistance.

I

IME (Independent Medical Examination)

A medical exam requested by the insurance company, conducted by a doctor of their choosing. Despite the name, these exams often favor the insurer.

Interrogatories

Written questions sent by one party to another during the discovery phase. The receiving party must answer under oath within a specified time period.

L

Last Clear Chance

A doctrine allowing a negligent plaintiff to recover if the defendant had the last opportunity to avoid the accident but failed to do so.

Letter of Protection

An agreement between a patient and medical provider where the provider agrees to treat the patient and wait for payment from the settlement proceeds.

Read more about letter of protection →

Liability

Legal responsibility for one's actions or omissions that cause harm to another person. Establishing liability is the first step in any personal injury claim.

Lien

A legal claim against your settlement by a party who paid for your medical treatment, such as a health insurer, Medicare, or Medicaid.

Litigation

The process of taking a legal dispute to court. Only about 5% of personal injury cases go to trial; most settle during litigation.

Loss of Consortium

A claim by the spouse of an injured person for the loss of companionship, affection, sexual relations, and household services caused by the injury.

M

Maximum Medical Improvement (MMI)

The point at which your condition has stabilized and is unlikely to improve further with treatment. Reaching MMI is often important before settling a claim.

Mediation

A voluntary dispute resolution process where a neutral third party helps both sides negotiate a settlement. It's less formal and less expensive than trial.

Medical Malpractice

Negligence by a healthcare provider that falls below the accepted standard of care and causes injury to a patient. Includes surgical errors, misdiagnosis, and medication errors.

MedPay (Medical Payments Coverage)

Optional auto insurance coverage that pays for medical expenses regardless of who caused the accident. It covers you and your passengers.

Multiplier Method

A common method for calculating pain and suffering damages. Medical expenses are multiplied by a factor of 1.5 to 5 (or higher for severe injuries) to estimate non-economic damages.

N

Negligence

The failure to exercise reasonable care, resulting in harm to another person. To prove negligence: duty of care, breach, causation, and damages must all be established.

Negligence Per Se

Automatic negligence established when a person violates a statute designed to protect others. For example, running a red light that causes an accident.

No-Fault Insurance

A system where your own insurance pays for your injuries regardless of who caused the accident. Used in about 12 states. Limits your ability to sue unless injuries meet a threshold.

Non-Economic Damages

Compensation for subjective, non-financial losses such as pain and suffering, emotional distress, loss of enjoyment of life, and scarring/disfigurement.

Read more about non-economic damages →

P

Pain and Suffering

Physical pain and emotional distress caused by an injury. This is a major component of non-economic damages and is typically calculated using the multiplier or per diem method.

Per Diem Method

A method of calculating pain and suffering by assigning a daily dollar amount for each day the plaintiff suffers from their injuries until maximum medical improvement.

Personal Injury Protection (PIP)

Insurance coverage that pays for medical expenses and lost wages regardless of fault. Required in no-fault states. Covers the policyholder and passengers.

Plaintiff

The person who files a lawsuit seeking compensation for injuries. In personal injury cases, the plaintiff is the injured party.

Premises Liability

The legal responsibility of property owners to maintain safe conditions for visitors. Covers slip and fall accidents, inadequate security, and dangerous conditions.

Preponderance of Evidence

The standard of proof in civil cases meaning 'more likely than not' (greater than 50% probability). Lower than the criminal standard of 'beyond a reasonable doubt.'

Proximate Cause

The primary cause of an injury that is legally sufficient to establish liability. The injury must be a foreseeable result of the defendant's actions.

Punitive Damages

Additional damages awarded to punish the defendant for particularly reckless or malicious conduct. Not available in all cases and subject to caps in many states.

R

Release of Claims

A legal document you sign when accepting a settlement that gives up your right to pursue further legal action related to the incident.

Res Ipsa Loquitur

Latin for 'the thing speaks for itself.' A legal doctrine that allows negligence to be inferred when the accident would not normally occur without negligence.

Retainer Agreement

A contract between you and your attorney outlining the terms of representation, including fee structure, responsibilities, and case scope.

S

Settlement

An agreement between the parties to resolve a claim without going to trial. The defendant (or insurer) pays an agreed amount and the plaintiff releases all claims.

Spoliation of Evidence

The intentional or negligent destruction of evidence relevant to a legal case. Courts can impose sanctions including adverse inference instructions.

Statute of Limitations

The legal deadline for filing a lawsuit. For personal injury, it typically ranges from 1 to 6 years depending on the state. Missing this deadline bars your claim.

Statute of Repose

An absolute deadline for filing a lawsuit measured from the date of the defendant's act, regardless of when the injury was discovered. Different from statute of limitations.

Strict Liability

Liability without the need to prove negligence. Applies in product liability cases, abnormally dangerous activities, and dog bite cases in some states.

Structured Settlement

A settlement paid out in periodic installments over time rather than a single lump sum. Often used in large settlements for tax advantages and long-term financial security.

Read more about structured settlement →

Subrogation

The right of an insurance company to recover money it paid on your behalf from the at-fault party. Your health insurer may have a subrogation claim against your settlement.

T

Third-Party Claim

A claim filed against the at-fault party's insurance company. This is the most common type of personal injury claim.

Tort

A civil wrong that causes harm to another person, giving the injured party the right to sue for damages. Personal injury cases are a type of tort law.

U

Underinsured Motorist (UIM)

Insurance coverage that pays the difference when the at-fault driver's insurance is insufficient to cover your damages.

Uninsured Motorist (UM)

Insurance coverage that protects you when hit by a driver with no insurance. Also covers hit-and-run accidents in most states.

V

Verdict

The jury's decision in a trial. In personal injury cases, the verdict determines liability and the amount of damages awarded.

Vicarious Liability

Legal responsibility imposed on one party for the actions of another, such as an employer being liable for an employee's negligence while on the job.

Voir Dire

The jury selection process where attorneys question potential jurors to identify biases and select a fair jury for trial.

W

Workers Compensation

A state-mandated insurance program that provides benefits to employees injured on the job, regardless of fault. Covers medical expenses, lost wages, and disability benefits.

Wrongful Death

A claim brought by the surviving family members when a person dies due to another party's negligence or intentional act. Damages include funeral costs, lost income, and loss of companionship.

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