Personal Injury Glossary

This is the official record police or another responding authority put together after an accident. It covers who was involved, what witnesses said, and the officer’s first read on how things happened.

A representative of an insurance company who reviews an accident, evaluates the reported injuries and losses, and decides how much the insurer is willing to offer to resolve a claim.

A statement, whether written, verbal, or implied through conduct, in which a party accepts responsibility for causing an accident or injury.

The defendant’s formal written response to a complaint, filed with the court. It addresses each allegation, either admitting, denying, or stating a lack of knowledge, and may raise defenses to the claim.

A legal defense asserting that an injured person understood and voluntarily accepted the risks tied to a particular activity, which may limit or bar recovery for injuries that resulted from those known risks.

The portion of a driver’s auto insurance policy that pays for another person’s injuries resulting from an accident the driver caused. Every state sets its own minimum coverage requirements for this type of insurance.

The obligation to present enough evidence to support a claim. In most personal injury cases, the injured person carries this obligation and must show, through evidence, that the other party’s negligence caused the harm.

The legal connection between a defendant’s action, or failure to act, and the plaintiff’s injury. A plaintiff generally must show that the accident, and the resulting harm, would not have happened without the defendant’s conduct.

A formal request for compensation submitted to an insurance company or an at-fault party after an accident, outlining the injuries and losses suffered. A claim can be resolved through negotiation or, if necessary, through a lawsuit.

The person who files a claim seeking compensation for injuries or losses caused by another party’s conduct. A claimant is not always the injured party directly; a family member may file on someone else’s behalf.

A lawsuit filed by one or more plaintiffs on behalf of a larger group of people who suffered similar harm from the same conduct, allowing the group’s claims to proceed together rather than as separate cases.

This rule lets you recover compensation even if you were partly at fault for an accident. Your final payout just gets reduced by whatever percentage of blame is yours.

Money awarded to reimburse an injured person for losses they suffered, including medical costs, lost income, and property damage. These damages are meant to restore the person to the financial position they were in before the accident, as closely as money allows.

The formal document that begins a lawsuit, filed by the plaintiff with the court. It identifies the parties, describes what happened, and states the legal basis for holding the defendant responsible.

A payment arrangement in which an attorney’s fee is a percentage of the money recovered for the client, rather than an upfront hourly rate. If there is no recovery, no fee is owed under this arrangement.

A stricter fault rule that could bar an injured person from recovering any compensation if they contributed to the accident in any way, however small their share of the blame.

The monetary compensation sought or awarded for losses stemming from an accident or injury. Damages can cover both financial losses and the physical or emotional toll of the injury.

The person, company, or entity being held responsible for an accident or injury in a legal claim or lawsuit. A case can involve more than one defendant if multiple parties share fault.

A written notice sent to the insurance company or at-fault party. It lays out what happened, what injuries you suffered, and how much compensation you’re seeking.

Sworn, out-of-court testimony given by a witness or party, recorded by a court reporter and usable later in litigation. Attorneys for both sides are usually present and allowed to ask questions.

The reduction in a vehicle’s resale or market value after it has been damaged in an accident and repaired, even when the repairs are done well. This loss is separate from the direct cost of repairs.

The formal pre-trial process in which both sides exchange information, documents, and evidence relevant to a claim. Discovery can include written questions, requests for records, and depositions.

The legal obligation to act with reasonable caution to avoid foreseeable harm to others. Drivers, property owners, and many other parties owe this duty to the people around them.

These are the financial losses you can put a number on, like medical bills, lost wages, and property repair costs. You’ll usually back these up with receipts, invoices, and pay records.

Psychological suffering, such as anxiety, fear, or sleep disruption, that results from an accident and can be included as part of a claim.

Information, records, or testimony used to establish the facts of a claim, such as photographs, medical records, or witness statements.

A person with specialized knowledge, such as a doctor, engineer, or accident reconstructionist, who testifies to help explain technical or medical issues in a claim.

Legal responsibility for causing an accident or injury. Determining fault is often one of the first and most contested steps in resolving a claim, and it can involve more than one party.

A term many jurisdictions use to describe non-economic losses, such as pain and suffering, that are not tied to a specific dollar amount the way medical bills or lost wages are.

A physical examination conducted by a doctor chosen by the insurance company, rather than the injured person’s own physician, to evaluate the extent of an injury.

The maximum amount an insurance company will pay under a policy, regardless of how severe the injuries or losses are.

Written questions one party sends to another during discovery, which must be answered in writing and under oath.

A rule that allows an injured person to recover the full amount of damages from any one defendant found responsible, even when multiple parties share fault, leaving that defendant to seek reimbursement from the others.

A court’s authority to hear and decide a case. Jurisdiction can depend on where the accident happened, where the parties live, or the amount of money at stake.

Legal responsibility for an accident, injury, or resulting damages. A finding of liability often determines whether, and how much, compensation is owed, and it can rest with one party or be shared among several.

A legal claim placed on settlement proceeds by a party who is owed money related to the injury, such as a hospital or health insurer.

The formal process of pursuing a legal dispute through the court system, rather than resolving it through negotiation alone.

A claim for the loss of companionship, support, or intimacy that a spouse or close family member experiences because of another person’s serious injury. This is a separate claim from the injured person’s own damages.

This occurs when a permanent or long-term injury reduces your ability to earn money down the road. It’s different from lost wages, which just covers the income you missed while recovering.

A voluntary process in which a neutral third party helps both sides in a dispute negotiate a resolution outside of court.

The failure to exercise the level of care a reasonably careful person would use under similar circumstances, resulting in harm to another person.

A type of auto insurance system in which each driver’s own insurance pays for their injuries after an accident regardless of who caused it, up to certain limits.

Losses that are real but difficult to assign an exact dollar figure to, such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages reflect how an injury affects daily life beyond the financial cost.

The physical discomfort and emotional toll an injured person experiences because of an accident and its aftermath.

Harm to a person’s body, mind, or emotional well-being caused by another party’s negligent, reckless, or intentional conduct. It covers a wide range of accidents, from vehicle collisions to falls on unsafe property.

The person who files a lawsuit, alleging that another party’s conduct caused them harm. In a personal injury case, the plaintiff is usually the injured person or a surviving family member.

This holds property owners responsible when unsafe conditions on their property cause someone injury, such as slip and falls, poor lighting, or broken stairs.

The standard of proof used in most civil cases. It requires the side with the stronger, more convincing evidence to prevail, meaning their version of events is more likely true than not.

Physical harm to belongings, such as a vehicle, caused by an accident. Property damage claims are often handled separately from injury claims, even when they arise from the same incident.

This is the main reason your injury happened. Without it, the harm wouldn’t have occurred. It’s a narrower idea than causation in general, since it focuses on whether the harm was a foreseeable result of what the defendant did.

Money awarded to punish especially reckless or intentional misconduct and discourage similar behavior going forward.

A legal document signed at the close of a settlement in which the injured person agrees to give up the right to pursue further compensation for the same accident. Once signed, a release is generally final.

A legal doctrine, Latin for “the thing speaks for itself,” that allows a court to infer negligence from the nature of an accident when it would not ordinarily happen without someone’s carelessness.

This is the legal doctrine behind most vicarious liability cases. It holds an employer responsible for an employee’s negligent acts, as long as those acts happened within the scope of the job.

An agreement reached between the parties to resolve a claim without going through a full trial.

A term many jurisdictions use to describe economic losses, such as medical bills, lost wages, and property repair costs, that can be documented with receipts, invoices, and other records.

The destruction, alteration, or loss of evidence relevant to a claim, whether accidental or intentional, which can affect how a case is argued or decided.

The deadline for filing a lawsuit after an accident or injury. This deadline varies by state and by the type of claim, and missing it can permanently bar the right to sue.

This holds someone responsible for harm they caused, even without proving negligence or intent. It usually comes up with abnormally dangerous activities, like using explosives, or with certain animal-related injuries, like dog bites in some states.

The right of an insurance company that has paid a claim to seek reimbursement from the at-fault party or their insurer. This process typically happens behind the scenes and does not reduce the injured person’s own recovery.

A claim filed against another person’s insurance policy, rather than the injured person’s own coverage, because that other person caused the accident.

A civil wrong that causes harm to another person and gives rise to a legal claim. Most personal injury cases are based in tort law, as opposed to contract or criminal law, and can arise from carelessness or intentional conduct.

A formal court proceeding in which a judge, or a judge and jury, hears evidence and decides the outcome of a case.

Insurance that protects a driver if they are hit by someone who has no insurance, or not enough insurance, to cover the resulting damages.

The specific court location where a case is filed and heard. Venue is typically based on where the accident occurred or where the parties reside.

The formal decision reached by a judge or jury at the conclusion of a trial, resolving the disputed issues in the case and, if the plaintiff prevails, setting the amount of damages owed.

Legal responsibility placed on one party for the wrongful acts of another, based on the relationship between them rather than the party’s own conduct. Respondeat superior, which applies this concept to employers and employees, is the most common example.

This is the jury selection process. Attorneys (and sometimes the judge) question potential jurors to weed out anyone who might be biased before the trial gets underway.

A person who observed an accident or has relevant knowledge about it and can testify to what they saw or know.

A claim brought by surviving family members when a person’s death is caused by another party’s negligent, reckless, or intentional conduct.