Introduction to Personal Injury Legal and Litigation Terms and phrases:   Personal injury civil litigation involves complex legal language that can be intimidating for plaintiffs without a legal background. This guide provides a comprehensive list of terms and phrases, with layman's definitions, to help you understand what lawyers might discuss during your case. It aims to familiarize you with key concepts, making the litigation process less daunting.

This is a preliminary list that is under revision and supplementation. Certain key terms and phrases are not yet included.

 

 

  • Accident: An unexpected, unintentional event causing injury or damage.
  • Accident Insurance: Insurance that covers injuries from accidents, supplementing health insurance.
  • Accident Report: A police or official document detailing an accident, used as evidence in court.
  • Act of God: A natural disaster (e.g., earthquake, flood) not caused by humans, often not covered by insurance but may allow lawsuits.
  • Ad Litem: A court-appointed representative for minors or those unable to handle their case, like in injury lawsuits.
  • Adjudicate: To make a formal decision on a legal dispute, like a judge ruling on a case.
  • Affidavit: A written statement sworn to be true, used as evidence in court.
  • Alternative Dispute Resolution (ADR): Methods to solve disputes without court, like mediation or arbitration.
  • Answer: The defendant's formal reply to the plaintiff's lawsuit, addressing the claims made.
  • Appeal: Asking a higher court to review and possibly change a lower court's decision.
  • Arbitration: A process where a neutral person decides the dispute outside court, and their decision can be final.
  • Assignment of Benefits: Allowing insurance money to go directly to someone else, like a doctor, instead of you.
  • Assumption of Risk: If you knew a risk and still did something, you can't sue for injuries from it (e.g., skiing).
  • Attorney-Client Privilege: A rule that keeps conversations between you and your lawyer private, so you can speak freely.
  • Average Daily Wage (ADW): Calculating your daily pay to figure out lost wages if injured.
  • Bad Faith: Conduct by an insurance company that is unreasonable or dishonest, such as denying a claim without justification. This can sometimes lead to punitive damages being awarded against the insurer.
  • Bad Faith Claim: Claiming an insurance company unfairly denied or delayed your claim without reason.
  • Benefit: Money or help you get from work, insurance, or government when injured or unemployed.
  • Bodily Injury: Physical harm to your body, like cuts or broken bones, from an accident or negligence.
  • Burden of Proof: The need to show your claim is more likely true than not (over 50% chance) in civil cases.
  • Case Theory: The story your lawyer tells to explain what happened in your case, including why you have a legal claim (like negligence) and how the events led to your injury. It's what your lawyer wants the judge or jury to believe.
  • Causation: Proving the defendant's actions directly caused your injury, a key part of your case.
  • Claim Adjuster: An insurance worker who investigates your claim and tries to settle it.
  • Class-Action Lawsuit: A lawsuit where a few people sue for many with similar claims, like in mass accidents.
  • Comparative Negligence: If you're partly at fault, you can still get money, but less, depending on your fault percentage.
  • Compensation: Money paid to cover your losses, like medical bills or lost work, from the injury.
  • Compensatory Damages: Money to make up for your actual losses, like hospital bills or pain.
  • Complaint: The first document you file to start a lawsuit, saying what the defendant did wrong.
  • Compulsory Medical Examination: A required doctor visit, not by your doctor, to check your injuries for the case.
  • Concussion: A brain injury from a hit to the head, with symptoms like headaches or dizziness.
  • Contingency Fee: Your lawyer gets paid a percentage of what you win, only if you win, making legal help affordable.
  • Damages: Money the court awards you for your injuries or losses.
  • Damage Caps: Limits set by law on the total amount of money that can be awarded in a lawsuit, particularly in non-economic damages like pain and suffering.
  • Defective Medication: A drug that harms you due to a flaw, and the maker can be sued.
  • Defendant: The person or company you're suing for causing your injury.
  • Demand Letter: A letter asking for money before suing, explaining why you think you're owed.
  • Deposition: A formal interview under oath, recorded for court, where witnesses answer questions.
  • Design Defects: When a product's design is unsafe, making it dangerous to use, like a faulty car part.
  • Disability: Not being able to work due to injury, reducing your earning ability.
  • Disclosure: Sharing information between lawsuit sides to prepare for trial.
  • Discovery: The process of gathering evidence for the case, like asking questions or getting documents.
  • Docket: A court's schedule of cases to be heard.
  • Duty of Care: The legal duty to act carefully to avoid hurting others, like driving safely.
  • Elopement/Wandering: A nursing home resident leaving unsupervised, a risk in elder care cases.
  • Evidence: Information used in court to prove your case, like photos or witness statements.
  • Excess Judgment: When the court awards more money than asked, often for very bad behavior.
  • Exemplary Damages: Another name for punitive damages, used to punish the defendant for particularly bad behavior.
  • Exhaustion of Benefits: When your insurance runs out, and you must pay for more care yourself.
  • Expert Witness: Someone with special knowledge, like a doctor, who testifies to help your case.
  • Fall Risk Assessment: Checking if a nursing home resident is likely to fall, to prevent injuries.
  • Failure to Warn: Not telling people about dangers, like a slippery floor, leading to injury.
  • Fault: Being legally responsible for an injury due to carelessness or negligence.
  • Field Adjuster: An insurance person who visits to check claims and assess damages.
  • First-Party Claims: Claims you make on your own insurance for covered injuries, like medical costs.
  • Force Majeure: An uncontrollable event, like a storm, used to argue you couldn't prevent harm.
  • Fraud: Lying or deceiving to gain something, like faking an injury for money.
  • General Damages: Money for things hard to measure, like pain or emotional distress.
  • Good Faith: Acting honestly, without trying to cheat, relevant in deciding negligence.
  • Gross Negligence: Extremely careless behavior, showing total disregard for safety, worse than regular negligence.
  • Hazard: Anything that can cause harm, like a dangerous product or unsafe condition.
  • Hazardous Exposure: Being exposed to harmful substances, like asbestos, causing health problems.
  • Health Care Expenses: Costs for medical care, like doctor visits or prescriptions.
  • Income Replacement Benefits (IRBs): Payments to replace lost wages if you can't work due to injury.
  • Independent Medical Examination (IME): A doctor, not your own, checks your injuries for the insurance or court.
  • Insurance: A contract where you pay premiums, and the insurer covers certain losses.
  • Insurer: The insurance company providing coverage.
  • Insured: You, the person covered by the insurance policy.
  • Interrogatories: Written questions sent in a lawsuit, answered under oath, to gather information.
  • Judgment: The court's final decision, like awarding you money or dismissing the case.
  • Jury Instructions: Rules the judge gives the jury to guide their decision-making.
  • Known Loss Rule: Can't sue for injuries you already knew about before the accident, like a pre-existing condition.
  • Lawsuit: A legal action where you sue someone for causing your injury, seeking compensation.
  • Legal Malpractice: When a lawyer's mistake harms you, like mishandling your case.
  • Letter of Protection: A document letting you get medical care now, with costs paid later from settlement.
  • Liability: Being legally responsible for causing harm, often meaning you owe money.
  • Liability Insurance: Insurance covering damages you cause to others by negligence.
  • Limitation of Risk: The most an insurer will pay for one claim or event.
  • Litigant: Someone involved in a lawsuit, like you or the defendant.
  • Litigation: The process of resolving a dispute through court.
  • Litigation Risk: The chance a dispute will end up in court, based on factors like injury severity.
  • Loss: Any harm or damage, like physical injury or lost money, from the incident.
  • Loss of Consortium: Compensation for losing benefits of a close relationship, like with a spouse, due to injury.
  • Loss of Earnings: Money you can't earn because of the injury, like missed work pay.
  • Malpractice: Professional negligence, like a doctor causing harm by not doing their job right.
  • Mandate: A court order you must follow, like paying damages.
  • Manufacturing Defects: Flaws in making a product that make it dangerous, even if designed well.
  • Maximum Medical Improvement (MMI): When your injury won't get better, used to set final damages.
  • Mediation: A meeting with a neutral person to help both sides agree, avoiding court.
  • Medical Malpractice: When a doctor or hospital's negligence causes injury or death.
  • Medical Malpractice Caps: Limits on how much money you can get in medical malpractice cases.
  • Mitigating Circumstances: Things that made the accident worse but weren't the main cause, like bad weather.
  • Motion: Asking the judge to rule on something during the lawsuit, like dismissing a claim.
  • Named Insured: The person specifically listed on an insurance policy as covered.
  • Negotiation: Talking with the other side to reach an agreement, often to settle without trial.
  • No-Duty Doctrine: No liability if you didn't owe a legal duty to the injured person.
  • No-Fault Insurance: Insurance that pays for your injuries regardless of who caused the accident, common in car cases.
  • Opposing Counsel: The lawyer representing the defendant (the other side) in your lawsuit.
  • Personal Injury: Harm to your body, mind, or emotions caused by someone else's negligence.
  • Personal Injury Claim: Asking for money for harm caused by negligence, the start of a lawsuit.
  • Petition: The initial document filed with the court to start a lawsuit, stating your claims against the defendant. (May also be called a "complaint" depending on the jurisdiction.)
  • Plaintiff: You, the person filing the lawsuit to get compensation for injuries.
  • Power of Attorney: A document letting someone else make decisions for you, like in serious injury cases.
  • Preponderance of Evidence: Proving your case is more likely true than not (over 50% chance) for civil cases.
  • Proximate Cause: The event or action that directly caused your injury. For example, if someone ran a red light and hit you, running the red light is the proximate cause.
  • Product Liability: Lawsuits for injuries from defective or dangerous products.
  • Punitive Damages: Money awarded to punish the defendant for particularly bad behavior, beyond compensating the plaintiff. Not available in all states and often limited by law.
  • Settlement: Agreeing to end the lawsuit with the defendant paying you, without going to trial.
  • Settlement Mediation: Using a mediator to help reach a settlement agreement.
  • Statute of Limitations: The deadline to file your lawsuit, varying by state and claim type (e.g., 2 years for injuries).
  • Statutory Caps: Limits set by law on the amount of damages that can be awarded in certain types of cases, like medical malpractice.
  • Summary Judgment: The judge decides the case before trial if there are no disputed facts.
  • Summons: A court document telling the defendant they're being sued and must respond.
  • Testimony: Statements made under oath by witnesses in court or depositions.
  • Tort: A civil wrong, like negligence, causing harm and allowing a lawsuit for damages.
  • Tort Reform: Changes to laws aimed at limiting liability in tort cases (like personal injury lawsuits). This often includes measures like statutory caps on damages.
  • Witness: Someone who gives testimony under oath, sharing what they saw or know about the case.
  • Workers’ Compensation: Benefits for injuries at work, paid by your employer or their insurance, regardless of fault.
  • Wrongful Death: A lawsuit by family when someone's death was caused by another's negligence, seeking compensation.

 

 
Abstract of Title A brief summary of property ownership history, including legal issues like liens, for reference.
Accident An unexpected, unintentional event causing injury or damage.
Accident Insurance Insurance covering accident-related injuries, supplementing health insurance.
Accident Report Police or official document detailing an accident, used as evidence in court.
Act of God Natural disasters like earthquakes, not human-caused, may allow lawsuits despite insurance limits.
Ad Litem Court-appointed representative for minors or incompetent persons in lawsuits.
Adjudicate Making a formal decision on a legal dispute, like a judge ruling.
Affidavit Written statement sworn to be true, used as court evidence.
Alternative Dispute Resolution (ADR) Solving disputes outside court, like mediation or arbitration.
Answer Defendant's formal reply to plaintiff's lawsuit claims.
Appeal Asking a higher court to review and possibly change a lower court's decision.
Arbitration Neutral third party decides dispute outside court, decision can be binding.
Assignment of Benefits Directing insurance payments to a third party, like a doctor, instead of you.
Assumption of Risk Can't sue for injuries if you knew and accepted the risk, like in risky sports.
Attorney-Client Privilege Rule keeping lawyer-client talks private, encouraging open communication.
Average Daily Wage (ADW) Calculating daily pay to determine lost wages if injured.
Bad Faith Conduct by an insurance company that is unreasonable or dishonest, like denying a claim without justification, potentially leading to punitive damages.
Bad Faith Claim Claiming insurer unfairly denied or delayed your claim without reason.
Benefit Support like money from work, insurance, or government during injury or unemployment.
Bodily Injury Physical harm, like cuts or breaks, from accidents or negligence.
Burden of Proof Need to show claim is more likely true than not, over 50% chance, in civil cases.
Case Theory Story your lawyer tells to explain what happened, including legal claim and how events led to injury, what judge/jury should believe.
Causation Proving defendant's actions directly caused your injury, key to your case.
Claim Adjuster Insurance worker investigating and negotiating your claim settlement.
Class-Action Lawsuit Lawsuit by a few for many with similar claims, like mass injury cases, for efficiency.
Comparative Negligence Can recover damages if less than 50% at fault, with reduction based on your fault percentage.
Compensation Money for losses like medical bills, lost wages, and pain, from the injury.
Compensatory Damages Money to cover actual losses, including bills and pain, not punishment.
Complaint First document filed to start lawsuit, stating defendant's wrongdoing and damages sought.
Compulsory Medical Examination Court or insurer-required doctor visit to check injuries, not by your doctor.
Concussion Brain injury from head hit, with symptoms like headaches, dizziness, memory issues.
Contingency Fee Lawyer paid a percentage of winnings, only if you win, making legal help affordable.
Contusion A bruise, from broken blood vessels under skin, causing discoloration.
Damages Money court awards for injuries or losses, covering various costs.
Damage Caps Limits set by law on the total amount of money that can be awarded in a lawsuit, particularly in non-economic damages like pain and suffering.
Decubitis Ulcer Skin and tissue damage from pressure, like bed sores, common in nursing homes.
Defective Medication Drug causing harm due to flaws, maker can be sued under product liability.
Defendant Person or company you're suing for causing your injury.
Demand Letter Letter asking for money before suing, explaining your claim and why you're owed.
Deposition Formal interview under oath, recorded for court, where witnesses answer questions.
Design Defects Product design that's unsafe, making it dangerous, like a faulty car part.
Disability Not being able to work due to injury, reducing earning ability.
Disclosure Sharing information between lawsuit sides to prepare for trial.
Discovery Gathering evidence for case, like asking questions or getting documents, before trial.
Docket Court's schedule of cases to be heard, like a calendar.
Driving Under the Influence (DUI) Driving while drunk or on drugs, often liable in accident cases.
Duty of Care Legal duty to act carefully to avoid hurting others, like driving safely.
Elopement/Wandering Nursing home resident leaving unsupervised, a safety concern in elder care.
Emergency Medical Condition (EMC) Serious health issue needing immediate care, like severe bleeding.
Evidence Information used in court to prove your case, like photos, documents, or witness statements.
Excess Judgment Court awards more than asked, often for very bad behavior, like punitive damages.
Exemplary Damages Extra money to punish defendant for extreme negligence, to deter similar actions; another name for punitive damages.
Exhaustion of Benefits When insurance coverage runs out, leaving you to pay for more care.
Expert Witness Person with special knowledge, like a doctor, testifying to help explain case issues.
Fall Risk Assessment Checking if nursing home resident is likely to fall, to prevent injuries.
Failure to Warn Not telling about dangers, like a slippery floor, leading to injury liability.
Fault Being legally responsible for injury due to carelessness or negligence.
Federal Nursing Home Reform Act/OBRA Laws setting care standards for nursing homes, protecting residents' rights.
Federal Tort Claims Act Law letting you sue government for injuries from federal workers' negligence.
Field Adjuster Insurance person visiting to check claims and assess damages on-site.
First-Party Claims Claims on your own insurance for covered injuries, like medical costs, not the other side.
Force Majeure Uncontrollable event, like a storm, used to argue couldn't prevent harm.
Fraud Lying or deceiving for gain, like faking injury for money, can lead to lawsuits.
General Damages Money for hard-to-measure losses, like pain, suffering, or emotional distress.
Good Faith Acting honestly, without intent to deceive, relevant in negligence cases.
Gross Negligence Extremely careless behavior, showing total disregard for safety, worse than regular negligence.
Hazard Anything that can cause harm, like unsafe conditions or dangerous products.
Hazardous Exposure Being exposed to harmful substances, like asbestos, causing health issues.
Health Care Expenses Costs for medical care, like doctor visits, prescriptions, and hospital bills.
HIPAA Act Law protecting privacy of your medical records and health information.
IDPH Illinois Department of Public Health, involved in healthcare facility cases in Illinois.
Income Replacement Benefits (IRBs) Payments to replace lost wages if you can't work due to injury.
Independent Medical Examination (IME) Doctor, not your own, checks injuries for insurance or court, often required.
Insurance Contract where you pay premiums, insurer covers certain losses, like injuries.
Insurer The insurance company providing coverage, paying for claims.
Insured You, the person covered by the insurance policy, receiving benefits.
Interrogatories Written questions in lawsuit, answered under oath, to gather information for case.
Jones Act Law protecting ship workers, letting them sue for injuries on the job.
Judgment Court's final decision, like awarding money or dismissing case, ending litigation.
Jury Instructions Rules judge gives jury to guide their decision, explaining law and duties.
Known Loss Rule Can't sue for injuries you knew about before accident, like pre-existing conditions.
Lawsuit Legal action where you sue for injury compensation, seeking money from defendant.
Legal Malpractice Lawyer's negligence harming you, like mishandling your case, can be sued for.
Letter of Protection Document letting you get medical care now, costs paid later from settlement, easing financial burden.
Liability Being legally responsible for harm, often meaning you owe money for damages.
Liability Insurance Insurance covering damages you cause to others by negligence, like car accidents.
Limitation of Risk Maximum amount insurer will pay for one claim or event, capping their liability.
Litigant Person involved in lawsuit, like plaintiff or defendant, participating in legal proceedings.
Litigation Process of resolving dispute through court, involving trials and hearings.
Litigation Risk Chance dispute will end in court, influenced by injury severity, money at stake, legal standing.
Loss Any harm or damage from incident, like physical injury, emotional distress, or financial loss.
Loss of Consortium Compensation for losing benefits of close relationship, like with spouse, due to injury.
Loss of Earnings Money you can't earn due to injury, like missed work pay, part of compensation sought.
Malpractice Professional negligence, like doctor or lawyer causing harm by not doing job right.
Mandate Court order you must follow, like paying damages or taking action.
Manufacturing Defects Flaws in making product, making it dangerous, even if designed well, basis for lawsuits.
Maximum Medical Improvement (MMI) Point injury stabilizes, won't improve, used to set final damages in case.
Mediation Meeting with neutral person to help both sides agree, avoiding court, often required.
Medical Malpractice Doctor or hospital negligence causing injury or death, like surgical errors, basis for lawsuits.
Medical Malpractice Caps Legal limits on damages in medical malpractice cases, protecting healthcare providers.
Mesothelioma Cancer from asbestos exposure, often seen in workplace or product liability cases.
Mitigating Circumstances Factors making accident worse but not main cause, like bad weather, considered in fault.
Motion Asking judge to rule on issue during lawsuit, like dismissing part of case, made orally or written.
Named Insured Person specifically listed on insurance policy as covered, receiving benefits.
Negligence Not being careful enough, leading to harm, common basis for personal injury lawsuits.
Negotiation Talking with other side to reach agreement, often to settle without trial, common in injury cases.
No-Duty Doctrine No liability if no legal duty owed to injured, like not responsible for stranger's actions.
No-Fault Insurance Insurance paying for injuries regardless of fault, common in car accidents, covering medical costs.
Opposing Counsel Lawyer representing the defendant (the other side) in your lawsuit.
Personal Injury Harm to body, mind, or emotions from another's negligence, basis for lawsuits.
Personal Injury Claim Legal demand for compensation for harm from negligence, start of lawsuit process.
Petition Initial document filed with court to start lawsuit, stating claims against defendant; may be called "complaint" depending on jurisdiction.
Plaintiff Person filing lawsuit, seeking compensation for injuries, like you in your case.
Power of Attorney Document letting someone else make decisions for you, relevant in serious injury cases.
Preponderance of Evidence Proving claim more likely true than not, over 50% chance, standard in civil cases.
Proximate Cause Event or action that directly caused your injury, like running a red light causing a crash.
Product Liability Lawsuits for injuries from defective or dangerous products, like faulty equipment.
Punitive Damages Money awarded to punish the defendant for particularly bad behavior, beyond compensating the plaintiff. Not available in all states and often limited by law.
Sepsis Dangerous blood infection, often from medical negligence, can be fatal, basis for claims.
Settlement Agreement to end lawsuit, defendant pays you, you drop claim, avoiding trial.
Settlement Mediation Using mediator to help reach settlement, avoiding court, common in disputes.
Statute of Limitations Deadline to file lawsuit, varies by state and claim, like 2 years for injuries, must meet or lose.
Statutory Caps Limits set by law on the amount of damages that can be awarded in certain types of cases, like medical malpractice.
Summary Judgment Judge decides case before trial if no disputed facts, favoring one side as matter of law.
Summons Court document telling defendant they're sued, must respond, starting legal process.
Testimony Statements under oath by witnesses in court or depositions, evidence in case.
Tort Civil wrong causing harm, like negligence, allowing lawsuit for damages, basis of many claims.
Tort Reform Changes to laws aimed at limiting liability in tort cases (like personal injury lawsuits). This often includes measures like statutory caps on damages.
Witness Person giving testimony under oath, sharing what they saw or know, helping prove case.
Workers’ Compensation Benefits for work injuries, paid by employer or insurance, regardless of fault, covering costs.
Wrongful Death Lawsuit by family when death caused by negligence, seeking compensation for loss, like lost income.

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