Personal Injury Law Glossary

General Injury Law terms

Personal Injury – Harm to a person’s body, mind, or emotions caused by someone else’s negligence or wrongful act.

Negligence – Failure to use reasonable care, resulting in injury to another person. This is the foundation of most injury cases.

Duty of Care – The legal obligation to act reasonably to avoid causing harm to others.

Breach of Duty – When someone fails to meet their duty of care (for example, a driver texting while driving).

Causation – Proof that the defendant’s actions directly caused the injury.

Damages – The losses suffered due to an injury, including medical bills, lost wages, and pain and suffering.

Compensation & Damages

Economic Damages – Financial losses such as medical expenses, lost income, and future care costs.

Non-Economic Damages – Non-financial losses like pain and suffering, emotional distress, and loss of enjoyment of life.

Punitive Damages – Additional damages meant to punish extreme or reckless behavior (not awarded in every case).

Settlement – An agreement resolving a claim without going to trial.

Compensation – Money awarded to make the injured party “whole” again as much as possible.

Insurance & Claims

Claim – A formal request for compensation made to an insurance company.

Liability Insurance – Insurance that covers damages when the insured is legally responsible for an injury.

Policy Limits – The maximum amount an insurance policy will pay for a claim.

Underinsured Motorist (UIM) – Coverage used when the at-fault driver’s insurance is not enough to cover damages.

Uninsured Motorist (UM) – Coverage used when the at-fault driver has no insurance.

Legal Process Terms

Statute of Limitations – The deadline for filing a lawsuit. Missing it usually means losing the right to recover.

Demand Letter – A formal letter requesting compensation and outlining the case against the at-fault party.

Litigation – The process of taking a case through the court system.

Discovery – The exchange of evidence and information between parties before trial.

Deposition – Sworn, out-of-court testimony recorded for use in a lawsuit.

Fault & Responsibility

Comparative Fault – A legal rule that reduces compensation based on the injured person’s percentage of fault.

Contributory Negligence – A stricter rule (used in few states) where any fault by the injured party can bar recovery.

Third Party – Someone other than the injured person or their insurance company who may be responsible.

Medical & Injury-Specific Terms

Medical Liens – Claims by healthcare providers to be paid from a settlement.

Maximum Medical Improvement (MMI) – The point at which a patient’s condition is stable and unlikely to improve further.

Permanent Disability – A lasting injury that affects a person’s ability to work or function normally.

Future Medical Expenses – Projected costs for ongoing treatment related to the injury.

Attorney & Fees

Contingency Fee – An attorney fee paid only if the case is won, usually a percentage of the recovery.

Attorney-Client Privilege – Confidential protection of communications between a lawyer and their client.

Retainer Agreement – A contract outlining the attorney’s representation and fee structure.