Personal injury glossary defining legal and insurance terms tied to lawsuits, negligence, damages, settlements, liability, and wrongful death claims. A practical reference for accident victims dealing with medical malpractice, workers’ compensation, civil claims, and insurance disputes.
By Brad Nakase, Attorney
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Have a quick question? I answered nearly 1500 FAQs.
You may hear a lot of words through the personal injury lawsuit procedure that you are not familiar with.
It can be challenging to grasp their underlying meaning due to the terminology, although the fundamentals of personal injury law are very straightforward.
This list explains essential personal injury terms that frequently appear in lawsuits & insurance claims.
Abstract of Title
Registered documents and court documents related to a property.
Accident Report
A report (official) that describes the particulars of an incident that may give rise to a personal injury lawsuit, such as a vehicle accident, an accident at work, or another incident.
Act of God
Natural disasters and pandemics are examples of events with no human cause.
Ad Litem
Someone who represents someone in court who is unable to defend themselves. An example of this is a child.
Arbitration
The settlement of a dispute by an impartial third party ahead of a trial, which is frequently a more drawn-out process than going to the court of law.
Assumption of Risk
When someone deliberately decides to take a risk, that is obvious and evident. When someone takes a risk, they have no right to demand money from anyone they believe is responsible.
Bad Faith
An insured person files a claim against the insurance company for not fulfilling its duty to provide coverage.
Civil Rights
A collection of rights that everyone is entitled to under the U.S. Constitution. Anyone who believes their rights have been infringed by an individual, business, or government can file a lawsuit under civil law to get compensation and have the actions that infringed their rights changed.
Personal injury claim
A civil suit filed in reaction to a defendant’s carelessness that caused the plaintiff to suffer bodily or psychological harm.
Claim Adjuster
The person who handles the claim on behalf of the insurer serves as a liaison between the person covered and the insurance company. The insurance company pays this person.
Class-Action Litigation
A lawsuit filed by a plaintiff or plaintiffs acting both individually and on behalf of others. This is to hold a company accountable for harm caused by its services/products.
Comparative Negligence
Plaintiff’s role in the accident. It is compared with the defendant’s carelessness. For instance, you are partially to blame for the slide if there existed a “Caution” warning in front of the spillage.
Compensation
Anything that compensates for the loss of something, usually money. For instance, lost wages are typically covered by compensation for an employee hurt on the job.
Damages
Monetary compensation granted in a civil lawsuit for harm or loss brought on by another person’s carelessness. Four categories of damages exist:
Defendant
The target of the plaintiff in a civil case.
Expert Witness
A person who is allowed to appear in court because of their special knowledge or experience on a subject pertinent to the case.
Fraud
A false or deceptive statement intended to persuade another person to give up a valuable item or legal right. Fertility fraud is one example of this.
Personal injury terms can help accident victims communicate more effectively with their attorneys.
Gross Negligence
Willful neglect that is deliberate. It is the careless disregard for another person’s property, health, or safety.
Exposure can be airborne or through physical contact. The owner of the building containing the toxins, the manufacturer of the product, or the installation company may be partially or entirely responsible for the exposure.
Lawsuit
A legal action brought by the complainant against the defendant with the goal of getting damages for injuries sustained or retribution for an injustice.
Liability
A condition that must be met so as to abide by the law.
Litigation
The judicial procedure of bringing a lawsuit or starting an action in court against an individual, company, or governmental body.
Loss of the Consortium
Recompense (typically given to a living spouse) to a deceased individual’s family member for their loss of the relationship.
Courts and insurance companies rely on well-defined personal injury terms to determine responsibility.
Medical Malpractice
When a physician or other healthcare professional violates the fundamental principle of care and causes a patient to suffer direct or indirect injury, this is known as negligence.
Caps on Medical Malpractice
Restrictions on the amount of money awarded in a lawsuit to a victim of medical misconduct.
Mitigating Circumstances
Circumstances that could be utilized to mitigate the severity of the conduct. This is without excusing or forgiving it.
Negligence
Reckless behavior that falls short of the required level of care.
No-Fault
Not accessible in all states, this kind of auto insurance policy pays out compensation irrespective of who is at fault.
Occupational Disease
A health issue brought on by long-term work in a particular field or place. For instance, cancer is brought on by substances used in factories.
Partial disability
In a workers’ compensation case, less-than-total impairment is determined by the injured worker’s potential for earnings.
Personal Injury
The field of law that deals with harm—physical, financial, and psychological—caused by someone else’s failure to exercise reasonable care.
Plaintiff
A complainant is a person/party who files a civil complaint or takes legal recourse against the defendant.
Premises Liability
A property owner’s legal duty is to provide compensation to anyone who experiences specific mishaps on their land, such as a slip and fall.
Evidence Preponderance
Evidence that a plaintiff must present to win in a civil case. The other side’s evidence should be inferior or less persuasive.
Products Liability
The branch of civil law that holds retailers, distributors, wholesalers, and other businesses liable for harm their faulty goods cause to the public.
Proximate Cause
The primary cause of the harm or injury, without which it wouldn’t have happened.
Settlement
A settlement that both parties to a litigation have agreed upon.
Specific Loss
Compensation for an employee’s paralysis or amputation of a certain bodily part.
Standard of Care
In circumstances of negligence, the standard of care that a reasonable individual would have applied in the identical circumstance.
Statute of Limitations
The statute of limitations, which varies by state and form of injury, is the period of time set by statute for an injured person to submit a claim.
Strict Liability
A legal custom that makes a person liable for any harm they cause, regardless of their motivations.
Litigation by Third Parties
When a defendant wishes to include a third party in the legal action. For instance, in a workers’ compensation case, an employer may claim that a defective tool—rather than the employer—caused the damage.
Tort
An individual injury or injustice to a person or piece of property that carries legal consequences.
Total Disability
Compensation awarded to a worker in a workers’ compensation claim. An injury sustained at work. It makes them incapacitated (permanently).
TBI
A brain injury (traumatic). It results in a person’s lowered/changed level of awareness. It may have an impact on their capacity to function emotionally or behaviorally. Their cognitive function & physical endurance could be impacted.
Verdict
The court’s or jury’s judgment in a case.
Workers’ Compensation
All employers must have insurance to shield their employees from monetary losses brought on by illnesses or accidents at work.
Wrongful Death Lawsuit
A lawsuit brought against an individual or company for negligence or other unlawful behavior that resulted in someone’s death.
Personal injury terms can help plaintiffs understand their case better.
Have a quick question? We answered nearly 2000 FAQs.
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