72 terms defined
Understanding legal terminology is essential when navigating a personal injury claim. This glossary explains common terms you may encounter during the settlement process.
A legal doctrine that may bar recovery when a plaintiff voluntarily and knowingly assumed the risks inherent in a dangerous activity. For example, attending a baseball game and being hit by a foul ball.
When an insurance company unreasonably denies, delays, or underpays a valid claim. Policyholders may sue their own insurer for bad faith practices.
Physical harm to a person's body, including cuts, bruises, broken bones, internal injuries, and other physical trauma resulting from an accident.
The obligation to prove the facts of a case. In personal injury cases, the plaintiff must prove their case by a "preponderance of the evidence" (more likely than not).
The requirement to prove that the defendant's negligence directly caused the plaintiff's injuries. Both actual cause ("but for") and proximate cause must be established.
The person making a claim for compensation, typically the injured party. Also called the plaintiff once a lawsuit is filed.
A rule that prevents defendants from reducing damages based on payments the plaintiff received from other sources, such as health insurance or disability benefits.
A system where damages are reduced by the plaintiff's percentage of fault. In pure comparative negligence states, a plaintiff can recover even if 99% at fault. Modified comparative negligence bars recovery if fault exceeds 50% or 51%.
Money awarded to compensate the plaintiff for actual losses, including economic damages (medical bills, lost wages) and non-economic damages (pain and suffering).
A payment arrangement where the attorney's fee is a percentage of the recovery (typically 33-40%). The client pays nothing upfront, and the attorney only gets paid if the case is successful.
A strict rule followed in only a few states (Alabama, Maryland, North Carolina, Virginia, DC) where any fault by the plaintiff, even 1%, completely bars recovery.
The monetary compensation sought by or awarded to a plaintiff. Includes economic damages (quantifiable losses) and non-economic damages (subjective losses like pain and suffering).
A state law that limits the amount of damages a plaintiff can recover, often applied to non-economic or punitive damages. Common in medical malpractice cases.
The person or entity being sued, typically the party alleged to have caused the injury through negligence or wrongful conduct.
A formal written request for compensation sent to the at-fault party or their insurance company before filing a lawsuit. It outlines the injuries, damages, and amount sought.
Sworn, out-of-court testimony given by a witness or party, recorded by a court reporter. Part of the discovery process in litigation.
The pre-trial phase where both sides exchange information and evidence, including interrogatories, depositions, and document requests.
Laws that hold bars, restaurants, or liquor stores liable for injuries caused by intoxicated patrons they over-served.
The legal obligation to act with reasonable care to avoid causing harm to others. Drivers owe a duty of care to other motorists and pedestrians.
Quantifiable financial losses including medical expenses, lost wages, property damage, and other out-of-pocket costs that can be documented with receipts and records.
Mental anguish, anxiety, depression, or psychological trauma resulting from an accident or injury. May be compensable as part of non-economic damages.
A professional with specialized knowledge who provides testimony to help explain technical aspects of a case, such as a medical expert or accident reconstruction specialist.
Legal responsibility for causing an accident or injury. The degree of fault assigned to each party affects the amount of damages that can be recovered.
Another term for non-economic damages, covering subjective losses that don't have a specific dollar amount, such as pain and suffering or loss of enjoyment of life.
The duty of insurance companies to deal fairly and honestly with claimants, including prompt investigation and fair evaluation of claims.
Extreme carelessness or reckless disregard for the safety of others, beyond ordinary negligence. May support a claim for punitive damages.
A medical examination requested by the defendant or insurance company, conducted by a doctor of their choosing to evaluate the plaintiff's injuries.
A representative of an insurance company who investigates claims, evaluates damages, and negotiates settlements on behalf of the insurer.
Written questions sent from one party to another during discovery, which must be answered under oath in writing.
A rule that allows a plaintiff to collect the entire judgment from any one defendant, regardless of that defendant's percentage of fault.
Legal responsibility for one's actions or omissions. In personal injury cases, the defendant must be found liable (at fault) for the plaintiff to recover damages.
The process of taking a case through the court system, including filing a lawsuit, discovery, motions, trial, and potential appeals.
Damages awarded to a spouse for the loss of companionship, affection, and intimacy caused by their partner's injury.
Compensation for the reduction in a plaintiff's ability to earn income in the future due to permanent injuries.
The point at which a patient's condition has stabilized and is unlikely to improve further with additional treatment. Important for valuing future damages.
A form of alternative dispute resolution where a neutral third party helps the parties negotiate a settlement. Non-binding unless an agreement is reached.
Negligence by a healthcare provider that causes injury to a patient, including misdiagnosis, surgical errors, or improper treatment.
A common formula for calculating pain and suffering damages by multiplying economic damages by a factor (typically 1.5 to 5) based on injury severity.
The failure to exercise the degree of care that a reasonably prudent person would under similar circumstances, resulting in harm to another.
Automatic negligence established when the defendant violated a safety statute designed to protect the class of persons to which the plaintiff belongs.
A system in some states where each driver's own insurance pays for their injuries regardless of fault, with limitations on the right to sue.
Compensation for subjective, non-monetary losses such as pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.
The physical pain and emotional anguish experienced as a result of an injury. A major component of non-economic damages.
A method of calculating pain and suffering damages by assigning a daily dollar amount for each day the plaintiff experiences pain.
Physical, mental, or emotional harm to a person caused by another's negligence or intentional conduct, as opposed to property damage.
A type of no-fault insurance coverage that pays for the policyholder's medical expenses and lost wages regardless of who caused the accident.
The person who files a lawsuit seeking compensation for injuries. Also called the claimant or injured party.
Prior court decisions that guide how similar cases should be decided. Courts generally follow precedent from higher courts in the same jurisdiction.
The legal responsibility of property owners to maintain safe conditions and warn of known hazards. Applies to slip and fall cases.
The burden of proof in civil cases, requiring the plaintiff to show it is "more likely than not" (greater than 50% probability) that their claims are true.
Legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective or dangerous products.
A legal concept requiring that the defendant's negligence was a foreseeable cause of the plaintiff's injuries, not too remote or attenuated.
Additional damages awarded to punish the defendant for particularly reckless or malicious conduct and deter similar behavior. Not available in all cases.
A legal document signed when accepting a settlement, giving up the right to pursue further claims related to the incident.
Latin for "the thing speaks for itself." A doctrine that allows negligence to be inferred when the injury would not have occurred without negligence.
An agreement to resolve a claim without trial, where the defendant (or insurer) pays compensation in exchange for the plaintiff releasing further claims.
Injuries to muscles, ligaments, and tendons, such as sprains, strains, and whiplash. Often harder to prove than injuries visible on X-rays.
Another term for economic damages—the specific, quantifiable financial losses resulting from an injury.
The legal deadline for filing a lawsuit. Varies by state and type of claim. Missing this deadline typically bars the claim forever.
An absolute deadline for filing certain claims (like medical malpractice or product liability), regardless of when the injury was discovered.
Legal responsibility without proof of negligence, applied in cases involving defective products or abnormally dangerous activities.
The right of an insurer that paid a claim to seek reimbursement from the at-fault party or their insurer.
A claim against someone other than your own insurer, typically against the at-fault party's insurance.
A civil wrong (other than breach of contract) that causes harm and can result in legal liability. Personal injury cases are tort claims.
The person who commits a tort—the wrongdoer whose negligence or intentional conduct caused the injury.
Insurance that pays when the at-fault driver's coverage is insufficient to cover your damages.
Insurance that pays when you're injured by a driver who has no insurance or in a hit-and-run accident.
The decision made by a judge or jury at the end of a trial, determining liability and the amount of damages.
Legal responsibility for the actions of another, such as an employer being liable for an employee's negligence while working.
The jury selection process where attorneys question potential jurors to identify bias and select an impartial jury.
A no-fault insurance system that provides benefits to employees injured on the job, typically in exchange for giving up the right to sue the employer.
A claim brought by the survivors of a person who died due to another's negligence or wrongful conduct.
Disclaimer: These definitions are provided for educational purposes only and may be simplified for general understanding. Legal terms can have specific meanings that vary by jurisdiction. Consult a licensed attorney for advice specific to your situation.
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