Injury claim glossary
The legal and insurance words in your claim, explained in plain words. Each definition is checked against an official source.
A
- ArbitrationArbitration is a way to settle a dispute outside a regular trial: a neutral person called an arbitrator hears both sides and then makes a decision.
- Assumption of riskAssumption of risk is a defense the other side raises to say an injured person knew about a specific danger and chose to accept it, so the person or business that created the danger should pay less or nothing.
- Attractive nuisanceAn attractive nuisance is a dangerous man-made condition on property, such as an unfenced pool, that is likely to draw young children in.
B
- Bad faith (insurance)Insurance bad faith means an insurance company handling a claim unfairly, for example by not trying in good faith to reach a prompt, fair settlement once it is reasonably clear the company owes the money.
- Bodily injury liabilityBodily injury liability is the part of a car policy that pays for injuries the policyholder causes to other people, such as their medical bills, lost pay and pain, up to the policy limit.
- Burden of proofThe burden of proof is the duty to prove the facts that are in dispute.
C
- Class actionA class action is a lawsuit in which one or more members of a large group sue on behalf of the whole group.
- Collateral source ruleThe collateral source rule says the person who hurt you does not get to pay less just because your own health insurance, sick pay or another outside source already covered some of your losses.
- Comparative negligenceComparative negligence is the rule that compares how careless each person was and splits the blame in percentages, so an injured person who was partly at fault still collects, minus their own share.
- Compensatory damagesCompensatory damages are the money meant to make up for what an injury actually cost you: medical bills, lost pay, repair costs and the pain and limits you live with afterward.
- ComplaintA complaint is the written document that starts a civil lawsuit.
- Contingency feeA contingency fee is a way of paying a lawyer with a percentage of the money recovered, paid only if there is a recovery.
- Contributory negligenceContributory negligence is an old, strict rule: if the injured person was careless in any way that helped cause the accident, that person cannot collect damages from the other side at all.
D
- DeductibleA deductible is the amount of a claim you pay yourself before your insurance company pays the rest.
- Default judgmentA default judgment is a court ruling in favor of the plaintiff because the defendant failed to answer or appear to fight the claim.
- DefendantA defendant is the person or business being sued in a civil case; in a criminal case, it is the person accused of a crime.
- Demand letterA demand letter is a written request asking the person who caused your injury, or their insurer, to pay a specific amount to settle your claim, with the facts, injuries and bills that support it.
- DepositionA deposition is testimony you give under oath, out of court, before an officer who can administer oaths, usually a court reporter.
- Diminished valueDiminished value is the drop in what your car is worth on the market because it now has an accident history, even after a full and proper repair.
- DiscoveryDiscovery is the stage of a lawsuit when each side gets the facts, documents and testimony the other side has before trial.
- Dram shop lawA dram shop law is a state law that can make a bar, restaurant or store that sells alcohol pay for injuries caused by a customer it should not have served, usually someone obviously drunk or underage.
- Duty of careA duty of care is a legal obligation to act with reasonable caution so you do not hurt other people, such as a driver's duty to drive like a careful person toward everyone else on the road.
E
- Economic damagesEconomic damages are the parts of an injury claim you can add up from paper: medical bills, lost wages, reduced future earnings, repair costs and other out-of-pocket losses.
- Eggshell plaintiffAn eggshell plaintiff is an injured person who was more fragile than average, say from an old back injury or brittle bones.
- Emotional distressEmotional distress is the mental side of being harmed: fear, anxiety, depression, nightmares, panic or post-traumatic stress caused by someone else's conduct.
G
H
I
- IndemnityIndemnity is a promise by one person to protect another from a loss or legal cost, usually by paying it for them.
- Independent medical examination (IME)An independent medical examination, or IME, is an exam by a doctor who is not treating you, arranged to answer questions about your injury, your care or your ability to work.
- Insurance adjusterAn insurance adjuster is a person who investigates and settles insurance claims.
- InterrogatoriesInterrogatories are written questions that one side in a lawsuit sends to the other as part of discovery.
J
- Joint and several liabilityJoint and several liability is a rule for injuries caused by two or more people: each one can be made to pay the whole amount, so the injured person can still collect everything if one of them cannot pay.
- JudgmentA judgment is the official decision of a court that finally resolves a lawsuit between the parties.
L
- Letter of protectionA letter of protection is an arrangement in which a doctor or clinic treats you now in exchange for a promise that its bill will be paid from your future injury settlement or court award.
- LiabilityLiability means being legally responsible for someone else's injury or loss, and so owing them money for it.
- LienA lien is a legal claim attached to a specific piece of property that makes sure someone gets paid; California law calls it a charge on specific property that secures performance of an act.
- Loss of consortiumLoss of consortium is a claim brought by the husband, wife, child or parent of an injured person for what the injury took from their relationship: affection, comfort, companionship, help around the house and intimacy.
M
- Maximum medical improvement (MMI)Maximum medical improvement, or MMI, is the point when an injury is not expected to heal or recover any further, even with more treatment.
- MediationMediation is an informal meeting in which a neutral person, the mediator, helps both sides negotiate a settlement.
- Medical lienA medical lien is a legal claim a hospital or other health care provider places on your injury claim or settlement so its bill gets paid from that money.
- MedPay (medical payments coverage)MedPay, short for medical payments coverage, is a part of your own car insurance that pays medical bills for you and your passengers after a crash, up to a set limit.
- Mitigation of damagesMitigation of damages is the rule that an injured person must take reasonable steps to keep the harm from growing, such as getting treatment, following medical advice and returning to work when able.
N
- NegligenceNegligence is a failure to use the care a reasonably careful person would use in the same situation, such as a driver checking a phone instead of the road.
- Negligence per seNegligence per se means that breaking a safety law, like a traffic rule, counts as careless conduct automatically, without arguing over whether the person acted reasonably.
- No-fault insuranceNo-fault insurance is a car insurance system in which your own insurer pays your injury costs after a crash without first deciding who was at fault, instead of you suing the other driver.
- Non-economic damagesNon-economic damages are money for the harm an injury does that has no bill attached: physical pain, anxiety, sleepless nights, scarring, a damaged marriage, or no longer enjoying things you used to do.
- Notice of claimA notice of claim is a formal written claim that an injured person must send to a government body, such as a city, county, school district or state agency, before suing it.
P
- Pain and sufferingPain and suffering is the part of an injury claim that pays for how the injury felt and still feels: the physical pain, plus the fear, worry and frustration that came with it, now and in the future.
- Personal injury protection (PIP)Personal injury protection, or PIP, is coverage on your own car policy that pays your and your passengers’ medical bills after a crash and also things like lost wages and other nonmedical costs.
- PlaintiffA plaintiff is the person or business that files a civil lawsuit.
- Policy limitsPolicy limits are the maximum amounts an insurance policy will pay for a covered claim, even if the real cost is higher.
- Pre-settlement fundingPre-settlement funding is money a company gives you while your injury claim is still open, in exchange for a share of the settlement or judgment if you win.
- Premises liabilityPremises liability is the area of injury law that makes property owners and businesses responsible when an unsafe condition on their property hurts someone, such as a spill, a broken stair or poor security.
- Preponderance of the evidencePreponderance of the evidence is the level of proof most civil cases require: the jury must find a fact more likely true than not.
- Product liabilityProduct liability is the area of injury law that lets a person hurt by a defective product, such as a car part, appliance, toy or medical device, claim money from the company that made or sold it.
- Proximate causeProximate cause is the legal link between what someone did and the injury that followed.
- Punitive damagesPunitive damages are money a court orders on top of repaying your losses, to punish a defendant whose conduct was far worse than a careless mistake and to discourage others from doing the same.
R
- Res ipsa loquiturRes ipsa loquitur is Latin for "the thing speaks for itself." It lets a jury infer carelessness when an accident would not normally happen unless someone was negligent and the thing that caused it was under the defendant's control.
- Respondeat superiorRespondeat superior is Latin for "let the master answer." It is the rule that an employer is legally responsible for the careless acts of its employees when they happen within the scope of the job, such as a delivery driver crashing while on a route.
- RetainerA retainer has two common meanings when you hire a lawyer: money paid up front toward legal work, or the signed agreement that hires the lawyer, often called a retainer agreement.
S
- SettlementA settlement is a deal that ends an injury claim: the other side, usually its insurer, pays an agreed amount and you sign a release giving up the right to sue over that injury.
- Small claims courtSmall claims court is a simpler, cheaper part of the court system for disputes under a set dollar limit, where people usually speak for themselves without a lawyer.
- Soft tissue injuryA soft tissue injury is damage to the muscles, ligaments or tendons rather than to bones or organs: sprains, strains, bruising and whiplash are common examples.
- Sovereign immunitySovereign immunity is the old rule that a government cannot be sued unless it agrees to be.
- Statute of limitationsA statute of limitations is the deadline for filing a lawsuit.
- Statute of reposeA statute of repose is a final cutoff for a lawsuit that starts counting from something the defendant did, such as selling a product or finishing a building, not from the day you were hurt.
- Strict liabilityStrict liability means a person or company must pay for certain injuries even if they were not careless.
- Structured settlementA structured settlement is an injury settlement or judgment paid in scheduled installments, often monthly or yearly, usually through an annuity, instead of one lump sum.
- SubrogationSubrogation is the legal right of an insurance company that paid your claim to go after the person, or that person’s insurer, who caused the loss, usually to get its money back.
- SummonsA summons is the official court notice, delivered with the complaint, telling a person they are being sued and how long they have to respond.
T
- TollingTolling means stopping the clock on a legal deadline, usually the statute of limitations, so you get extra time to file a lawsuit.
- TortA tort is a civil wrong: a breach of a duty one person owes another that causes harm, which can let the injured person sue for money.
- Total lossA total loss is when an insurance company decides a damaged car is not worth repairing and pays its value instead, usually its actual cash value before the crash.
U
- Umbrella policyAn umbrella policy is extra liability insurance that pays after a person’s auto or home insurance stops paying, so large injury claims against that person can still be covered.
- Underinsured motorist coverageUnderinsured motorist coverage, or UIM, is part of your own car insurance that protects you and your passengers when the at-fault driver has insurance, but not enough to cover your injuries.
- Uninsured motorist coverageUninsured motorist coverage, or UM, is part of your own car insurance that pays for your injuries when the driver who caused the crash has no liability insurance, and it can also apply to hit-and-run crashes.
V
- VerdictA verdict is the decision a jury, or a judge without a jury, reaches at the end of a trial.
- Vicarious liabilityVicarious liability means one person or business is held legally responsible for harm caused by someone else because of the relationship between them, most often an employer answering for an employee's carelessness on the job.