Personal Injury Glossary
A personal injury claim is complex, full of legal jargon and terms you may not understand. To help you understand what it all means, look up any personal injury term in our glossary.
An official document prepared by law enforcement, employers, or other parties that records the details of an accident, including date, location, parties involved, and circumstances. It serves as an important piece of evidence in personal injury claims.
A legal term referring to natural events or disasters, such as hurricanes, floods, or earthquakes that are beyond human control. These events may be used as a defense to limit or eliminate liability for damages caused.
A Latin phrase meaning ‘for the suit,’ referring to a person appointed by a court to act on behalf of another party unable to represent themselves, such as a minor or incapacitated person. A guardian ad litem represents that person’s interests during litigation.
To formally hear and decide a legal case or dispute through a judicial process. A judge or arbitrator adjudicates by reviewing evidence and applying the law to reach a binding decision.
A set of processes used to resolve legal disputes outside of traditional court proceedings, like mediation or arbitration. ADR is generally faster, less expensive, and more private than going to trial.
A formal written response filed by a defendant in response to a plaintiff’s complaint. The answer admits or denies each allegation and may assert affirmative defenses.
A legal process which asks a higher court to review and reverse or modify a lower court’s decision. Appeals are typically based on alleged errors of law, not a re-examination of the facts.
A form of alternative dispute resolution in which a neutral third party, called an arbitrator, hears both sides of a dispute and renders a decision. Arbitration may be binding or non-binding, depending on the agreement of the parties.
Assault and battery are often heard together; however, they are separate legal claims. An assault is putting a person in immediate fear (or apprehension) of physical injury or offensive contact. Battery is actually using force to harm another individual.
A legal arrangement in which a policyholder transfers their insurance claim rights to a third party, such as a medical provider or contractor. This allows the third party to bill and collect directly from the insurance company.
A legal defense arguing that the plaintiff knowingly and voluntarily accepted the dangers associated with an activity. If proven, it can reduce or eliminate the defendant’s liability for resulting injuries.
A legal protection that keeps communications between a client and their attorney confidential. It generally cannot be disclosed without the client’s consent.
A legal claim made against an insurance company that has unreasonably denied, delayed, or mishandled a valid insurance claim. Insurers have a duty to deal honestly with policyholders, and bad faith conduct can result in additional damages.
A payment or service provided under an insurance policy or compensation program to cover losses, medical expenses, or disability. Benefits are defined by the terms of the policy or applicable law.
A form of arbitration in which both parties agree in advance that the arbitrator’s decision is final and legally enforceable. Unlike litigation, binding arbitration decisions cannot typically be appealed to a court except in very limited circumstances.
Birth injuries are injuries to a baby that occur during delivery and are caused by medical negligence. The type of injuries and degree of negligence may differ from case to case. Usually, birth injuries occur in situations where a medical professional failed to act or responded inadequately to a complication or medical condition during a birth.
Physical harm to a person’s body, including cuts, broken bones, internal injuries, or illness, caused by an accident or another party’s negligence. Bodily injury is the foundation of most personal injury claims.
The legal obligation of a party to prove their claims with sufficient evidence. In civil personal injury cases, the plaintiff typically must meet the burden of proof by a preponderance of the evidence.
Catastrophic injuries are severe physical injuries that require extensive medical treatment and are often long-lasting or permanent in nature. These injuries may result from any kind of accident and may affect all body systems.
The legal requirement that a defendant’s action or negligence directly caused the plaintiff’s injury or damages. Causation is a key element of every personal injury case.
An insurance company representative who investigates, evaluates, and settles insurance claims on behalf of the insurer. Adjusters assess damages, review medical records, and determine how much compensation to offer.
A person who formally asserts a right to compensation or benefits under an insurance policy or legal claim. In personal injury cases, the claimant is typically the injured party seeking damages from an insurer or at-fault party.
A type of lawsuit in which a large group of people with similar claims collectively sue one or more defendants. Class actions are common in cases involving defective products, fraud, or widespread harm.
A legal doctrine that reduces a plaintiff’s compensation by the percentage of fault attributed to them. For example, if a plaintiff is 20% at fault, their damages are reduced by 20%.
Money or other remedies awarded to an injured party to make them whole for losses suffered. Compensation in personal injury cases can include medical expenses, lost wages, and pain and suffering.
Damages awarded to reimburse a plaintiff for actual losses, including medical bills, lost income, and property damage. The goal is to restore the injured party to their pre-injury financial position.
The initial legal document filed by a plaintiff that formally initiates a lawsuit. It outlines the facts of the case, the legal claims, and the relief or damages being sought.
A traumatic brain injury caused by a blow or jolt to the head that temporarily disrupts normal brain function. Concussions can be mild or severe, and symptoms can include headache, confusion, dizziness, and memory problems.
A fee arrangement in which an attorney is paid a percentage of the client’s compensation only if the case is won. If the attorney doesn’t recover any compensation, the client owes no attorney’s fee.
A medical term for a bruise, which is an injury to soft tissue caused by impact that does not break the skin. Contusions can vary in severity and may involve underlying muscle or bone damage.
The party accused of causing harm. The defendant must respond to the complaint and present defenses against the allegations.
A formal written letter sent by an injured party or their attorney to the opposing party or insurer, outlining the facts, injuries, and a specific amount of compensation being requested. It is often a first step before filing a lawsuit.
Flaws in a product’s original design that make it unsafe or unreasonably dangerous. Unlike manufacturing defects, design defects affect every unit, not just individual items.
A physical or mental impairment that substantially limits a person’s ability to perform major life activities, including work. The severity of the disability can affect the amount of compensation a claimant receives.
The pretrial phase when both parties exchange information, documents, and evidence relevant to the case. Common discovery tools include depositions, interrogatories, and document requests.
Operating a vehicle while engaged in activities that divert attention from the road, such as texting, eating, or adjusting the radio.
The criminal offense of operating a vehicle while impaired by alcohol or drugs. In personal injury cases, DUI can establish negligence and may support claims for punitive damages.
A legal obligation requiring individuals to act with reasonable caution to avoid causing harm to others. Breaching a duty of care is a foundational element of negligence in personal injury cases.
Quantifiable financial losses resulting from an injury, such as medical expenses, lost wages, and future earning capacity. These damages are calculated based on actual and projected costs supported by documentation and evidence.
A court judgment that exceeds the limits of a defendant’s insurance policy coverage. When this occurs, the insured may be personally responsible for paying the amount above their policy limits.
Also known as punitive damages, these are awarded in addition to compensatory damages to punish a defendant for particularly reckless or malicious conduct. They are intended to deter similar behavior in the future.
Exploitation takes place when an individual misuses a resident’s personal property or funds for their own benefit. Often this is done without the owner’s consent, through threats, coercion, deception, or undue influence.
The legal responsibility attributed to a party whose actions or inactions caused harm to another. Determining fault is central to most personal injury cases and affects whether and how much compensation is owed.
Insurance claims filed by a policyholder with their own insurance company for covered losses. These claims are governed by the terms of the insured’s own policy.
Intentional deception for personal gain that causes harm to another party. In personal injury and insurance contexts, fraud may include exaggerating injuries or staging accidents.
Non-economic losses that are difficult to quantify, such as pain and suffering, emotional distress, and loss of enjoyment of life. Unlike special damages, general damages do not have a fixed dollar amount.
A severe degree of negligence that goes beyond ordinary carelessness, reflecting a reckless disregard for the safety of others. Gross negligence can support claims for punitive damages in addition to compensatory damages.
The Health Insurance Portability and Accountability Act. A federal law that protects the privacy and security of patients’ medical information. In personal injury cases, HIPAA governs the release of medical records.
A contract between a policyholder and an insurer. The insurer agrees to provide financial compensation for covered losses in exchange for premium payments from the policyholder.
The person or entity covered by an insurance policy. The insured is entitled to receive benefits for covered losses as defined in their policy.
The insurance company that provides coverage and agrees to pay valid claims under the terms of an insurance policy. The insurer evaluates claims and determines the amount of compensation to be paid.
Written questions submitted by one party to another during discovery used to gather information and narrow the issues in a case. The questions must be answered in writing and under oath.
A final decision issued by a court that determines the rights and obligations of the parties in a lawsuit. A judgment may include an award of damages or other forms of relief.
Directions given by a judge to a jury explaining the applicable laws they must apply when deliberating and reaching a verdict. Jury instructions are critical in ensuring a fair and legally sound decision.
A legal action brought by one party against another in court to resolve a dispute or seek compensation.
A written agreement between a plaintiff’s attorney and a medical provider in which the provider agrees to treat the patient and defer payment until the personal injury case is resolved. The provider is paid from the settlement or judgment proceeds.
Legal responsibility for causing harm or damages to another person. Establishing liability is essential to recovering compensation in a personal injury claim.
A licensee is someone who enters the property of another with the owner’s consent. The owner owes such a person a duty to keep the property safe and to warn the licensee of any known dangers. If the owner fails this duty and the licensee is injured, they may have a claim against the owner for those injuries.
Contractual or legal provisions that cap the amount of damages a party may be required to pay. These limitations define the maximum exposure of insurers or defendants in a given case.
A party involved in a lawsuit, either as a plaintiff or a defendant. Litigants are directly affected by the outcome of the legal proceedings.
The process of resolving disputes through the court system including, filing lawsuits, conducting discovery, and going to trial.
The harm or financial damage suffered by an injured party as a result of an accident or another’s negligence. Loss is the basis for claiming compensation in a personal injury case.
A claim for damages by a spouse or family member of an injured person for the loss of companionship, affection, and support resulting from the injury. It recognizes the impact of a serious injury on close personal relationships.
Compensation for the income a plaintiff was unable to earn due to injuries sustained in an accident. It may include both past lost wages and future diminished earning capacity.
Compensation for the income a plaintiff was unable to earn due to injuries sustained in an accident. It may include both past lost wages and future diminished earning capacity.
Professional negligence by a licensed professional, such as a doctor, lawyer, or accountant, that causes harm to a client or patient. The professional’s conduct must fall below the accepted standard of care for their field.
Flaws that occur during the production of a specific product unit making it more dangerous than intended. Unlike design defects, manufacturing defects affect only certain items rather than the entire product line.
When a doctor, nurse, dentist, or other medical/healthcare worker performs their duties in a negligent manner. This means the worker’s action or non-action does not meet the industry standard of care and, as a result, the patient suffers injury.
Statutory limits on the amount of damages — particularly non-economic damages — that can be awarded in medical malpractice cases. These caps vary by state and are intended to control healthcare costs and insurance premiums.
Facts or conditions that reduce the degree of fault or the amount of damages in a legal case. A plaintiff also has a duty to mitigate their own damages by taking reasonable steps to minimize their losses.
A formal request made to a court asking for a specific ruling or order. Motions can address procedural issues, request dismissal of claims, or seek summary judgment before trial.
The person or entity specifically listed on an insurance policy as the primary policyholder. The named insured has the broadest coverage rights and responsibilities under the policy.
A failure to exercise the level of care that a reasonable person would use in similar circumstances, resulting in harm to another. Negligence is the most common basis for personal injury claims.
The process by which parties communicate and attempt to reach a mutually agreeable resolution to a dispute without going to court. Successful negotiation results in a settlement that avoids the cost and uncertainty of litigation.
An insurance system in which injured parties recover compensation from their own insurer regardless of who caused the accident. No-fault systems are designed to speed up compensation and reduce litigation.
An arbitration process in which the arbitrator issues a decision that the parties are free to accept or reject. If either party rejects the decision, they may proceed to trial, making it a useful tool for gauging the likely outcome of a case.
Compensation for intangible, non-financial losses such as pain and suffering, emotional distress, and loss of enjoyment of life. Unlike economic damages, noneconomic damages do not have a fixed dollar value and are often determined by a jury.
A public official authorized to witness the signing of legal documents and administer oaths. Notarization verifies the authenticity of signatures on affidavits, settlements, and other legal paperwork.
The requirement that a policyholder promptly inform their insurance company of an accident, injury, or potential claim. Failure to provide timely notice can jeopardize coverage under the policy.
A resolution to a legal dispute reached by the parties themselves, without a court judgment. Settlements are private agreements that typically involve payment of compensation in exchange for releasing future claims.
Costs directly paid by an injured party that are related to their injury, such as medical co-pays, transportation to treatment, or household assistance. These expenses are recoverable as special damages in a personal injury claim.
A condition in which an injured person retains some ability to work or perform daily activities but is limited by their injury. Partial disability may entitle a claimant to reduced compensation compared to total disability.
The individuals or entities directly involved in a lawsuit, including plaintiffs and defendants. The rights and obligations established by a court judgment apply to the parties in the case.
Legal protections that guarantee patients receive proper, dignified medical care and have control over their own treatment decisions.
Physical, emotional, or psychological harm suffered by an individual due to the negligence or intentional actions of another party. Personal injury law provides a legal remedy for those harmed by the wrongful conduct of others.
A type of no-fault auto insurance coverage that pays for medical expenses and lost wages regardless of who caused the accident. PIP coverage is required in some states and helps ensure prompt payment of injury-related costs.
The party that initiates a lawsuit by filing a complaint against the defendant, seeking compensation or other legal relief. The plaintiff bears the burden of proving their claims in a personal injury case.
A formal written document filed with the court that sets forth a party’s claims or defenses. Common pleadings include the complaint, answer, and counterclaim.
A complex condition in which concussion symptoms, such as headaches, dizziness, and cognitive difficulties, persist for weeks or months after the initial injury. It can have significant effects on a person’s ability to work and function.
A mental health condition triggered by experiencing or witnessing a traumatic event, characterized by flashbacks, anxiety, and emotional distress. PTSD is increasingly recognized as a compensable injury in personal injury cases.
The section of a legal complaint in which the plaintiff specifies the remedies they are seeking from the court, such as monetary damages or an injunction. It outlines what the plaintiff wants the court to award if they prevail.
The legal responsibility of a property owner or occupier to maintain safe conditions for visitors. Slip and fall accidents and other injuries on another’s property often give rise to premises liability claims.
The standard of proof in civil cases, requiring that a party’s claims are more likely true than not — essentially, more than a 50% likelihood. This is a lower standard than ‘beyond a reasonable doubt’ used in criminal cases.
Any official legal action or step taken within a lawsuit or administrative case. Proceedings include hearings, trials, depositions, and motions.
The legal responsibility of manufacturers, distributors, or sellers for injuries caused by defective or unsafe products. Claims can be based on design defects, manufacturing defects, or failure to warn.
A medical assessment of the likely future course and outcome of a patient’s injury or illness. A prognosis is relevant in personal injury cases to determine future medical needs and long-term damages.
The primary cause that directly produces an injury, without which the harm would not have occurred. Proximate cause must be established to hold a defendant legally liable in a personal injury case.
Damages awarded above and beyond compensatory damages to punish a defendant for egregious, malicious, or reckless conduct. They are designed to deter similar misconduct in the future.
A measure of a person’s overall well-being and ability to enjoy daily activities, relationships, and hobbies. Diminished quality of life due to injury is a factor in calculating non-economic damages.
The level of caution that an ordinary, sensible person would exercise in a given situation. Failing to exercise reasonable care is the basis for a finding of negligence.
Medical and therapeutic treatment aimed at restoring an injured person’s function and independence after an injury. The cost of rehabilitation is often included in personal injury damage claims.
A discovery tool in which one party asks the other to admit or deny specific facts or the authenticity of documents. Admissions can simplify the issues to be tried and streamline litigation.
A formal discovery request requiring the opposing party to produce specific documents, records, or other tangible evidence. It is one of the primary tools used to gather evidence during litigation.
A Latin phrase meaning “the thing speaks for itself.” Used in negligence cases where the injury is so obviously the result of negligence that it does not need to be further proven. It shifts the burden to the defendant to prove they were not negligent.
Penalties imposed by a court against a party or attorney for misconduct, bad faith, or failure to comply with court rules or orders. Sanctions can include fines, dismissal of claims, or other remedies designed to deter improper behavior in litigation.
An agreement reached between the parties to resolve a legal dispute, typically involving the payment of money in exchange for releasing all claims. Most personal injury cases are resolved through settlement rather than trial.
A personal injury claim arising when a person slips or trips on another’s property due to a hazardous condition, such as a wet floor or uneven surface. Property owners may be liable if they knew or should have known about the danger.
Soft tissue injuries may be caused by a single event or over a period of time (repetitive activity). Generally, soft tissue injuries are bruises, sprains, or strains to the muscles, ligaments, or tendons. Injuries to the internal organs or bones are not considered soft tissue injuries.
Specific, quantifiable economic losses resulting from an injury, such as medical bills, lost wages, and property repair costs. Special damages are calculated based on actual documented expenses.
The practice of combining coverage from multiple insurance policies to increase the total amount available for a claim. Stacking is permitted in some states and can significantly increase compensation for seriously injured claimants.
The level of skill, care, and treatment that a reasonably competent professional in the same field would provide under similar circumstances. Deviation from the standard of care is the basis for most medical malpractice claims.
A law that sets the maximum period of time after an event within which a plaintiff must file a lawsuit. Missing this deadline typically bars the claim forever, regardless of its merit.
Legal responsibility imposed on a defendant regardless of fault or intent, commonly applied in product liability and abnormally dangerous activity cases. The plaintiff only needs to prove that harm occurred, not that the defendant was negligent.
A court order requiring a person to appear and testify or to produce documents in a legal proceeding. Failure to comply with a subpoena can result in contempt of court.
The legal right of an insurer that has paid a claim to step into the insured’s shoes and seek reimbursement from the responsible third party. Subrogation allows insurers to recover amounts paid on behalf of their policyholders.
An insurance claim filed against another person’s insurance policy, rather than one’s own. In auto accidents, an injured driver may file a third-party claim against the at-fault driver’s liability insurer.
A civil wrong that causes harm to another, giving rise to a legal claim for damages. Personal injury cases are based on tort law, which includes negligence, strict liability, and intentional torts.
A serious injury to the brain caused by a sudden blow, jolt, or penetrating injury to the head. TBIs range from mild concussions to severe, life-altering damage affecting cognition, behavior, and physical function.
The party responsible for evaluating evidence and determining factual questions in a legal case — either a jury or a judge in a bench trial. The trier of fact decides what happened and whether claims are proven.
A premises liability claim arising when a person trips over an object or uneven surface on another’s property and is injured. Property owners have a duty to maintain safe walkways and correct known hazards.
A premises liability claim arising when a person trips over an object or uneven surface on another’s property and is injured. Property owners have a duty to maintain safe walkways and correct known hazards.
Insurance coverage that protects a policyholder when they are injured by a driver whose liability insurance is insufficient to cover the full extent of damages. It supplements the at-fault driver’s coverage up to the policyholder’s own limits.
Insurance coverage that compensates a policyholder injured by a driver who has no liability insurance. It allows the injured party to recover from their own insurer when the at-fault driver cannot pay.
The final decision rendered by a jury (or judge in a bench trial) at the conclusion of a trial. In a personal injury case, the verdict determines whether the defendant is liable and, if so, the amount of damages awarded.
Legal responsibility imposed on one party for the wrongful acts of another, based on a relationship such as employer-employee. Employers can be held vicariously liable for negligent acts committed by their employees within the scope of employment.
The process of questioning prospective jurors to determine their suitability and impartiality to serve on a jury. Attorneys use voir dire to identify and remove biased jurors through challenges.
Legal action by the survivors of a deceased individual. To have such a claim, the loved one’s death must have been caused by the wrongful actions of another party. The decedent’s loved ones, bringing the claim, may receive monetary compensation for their losses, as determined by the court.
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Personal injury cases have a lot of legal language, making an already overwhelming time even more stressful. That’s where we can help. The experienced team of personal injury attorneys at Walthew Law Firm will translate from legal to plain English, with clear communication that helps you feel confident in your understanding of your case.
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