Every field has its jargon, and personal injury claims and the settlement process is worse than most. This glossary covers the 43 terms that come up again and again in our guides and in the questions readers send us. Definitions are short on purpose: enough to unblock you, with links to deeper guides throughout the site when you want the full story.

Accident Report

An official document filed by police or other authorities that records the details of an accident. This report is often used as evidence in personal injury claims.

Adjuster

An insurance company employee who investigates claims and determines how much compensation should be paid. Adjusters review evidence, interview witnesses, and assess damages.

Admission of Fault

When a person or their insurance company acknowledges they caused an accident or injury. An admission of fault can strengthen your claim significantly.

Arbitration

A process where a neutral third party called an arbitrator hears both sides and makes a binding decision to resolve a dispute. It’s usually faster and less formal than a court trial.

Attorney Fee Agreement

A contract between you and your lawyer that explains how they will be paid for their services. Most personal injury lawyers work on contingency, meaning they take a percentage of your settlement.

Burden of Proof

The requirement that one side must present enough evidence to convince the judge or jury that their version of events is true. In personal injury cases, you must prove your claim is more likely true than not.

Case Evaluation

An initial assessment where a lawyer reviews your claim to estimate its potential value and likelihood of success. This helps you understand what to expect from your case.

Causation

The legal requirement that the defendant’s actions directly caused your injury. You must prove a clear connection between what the defendant did and the harm you suffered.

Comparative Negligence

A legal rule that reduces your compensation if you were partially responsible for your own injury. The amount you receive depends on how much fault is assigned to you.

Complaint

The formal legal document that starts a lawsuit and describes the defendant’s actions and your injuries. It’s filed with the court to officially begin a case.

Contingency Fee

A payment arrangement where your lawyer only gets paid if you win your case or reach a settlement. The fee is usually a percentage of the money you recover.

Damages

The money awarded to compensate you for your losses from an injury. Damages can cover medical bills, lost wages, pain and suffering, and other harm.

Deductible

The amount of money you must pay out of pocket before your insurance coverage kicks in. Higher deductibles usually mean lower monthly insurance premiums.

Defendant

The person or company being sued for causing your injury. They are accused of being responsible for your damages.

Deposition

A formal question and answer session where you or a witness gives testimony under oath before trial. A court reporter records everything that is said.

Discovery

The legal process where both sides exchange documents and information relevant to the case. This helps each side prepare their arguments and understand the evidence.

Economic Damages

Money to cover specific, measurable losses like medical bills, lost wages, and property damage. These damages have clear dollar amounts that can be calculated.

Evidence

Any information, documents, or testimony used to prove facts about your case. Common evidence includes medical records, photos, witness statements, and accident reports.

Expert Witness

A professional with specialized knowledge who provides testimony about technical or medical aspects of your case. Doctors, engineers, and other specialists often serve as expert witnesses.

Fault

Legal responsibility for causing an accident or injury. Determining who is at fault is a key part of personal injury claims.

Healing Period

The time it takes for your injuries to improve and recover. Medical records from your healing period help establish the extent of your damages.

Insurance Policy

A contract between you and an insurance company that provides coverage for certain types of injuries or damages. The policy outlines what is covered and the limits of protection.

Interrogatories

Written questions sent by one side to the other during discovery that must be answered under oath. These questions help gather detailed information about the case.

Judgment

The final decision made by a judge or jury at the end of a trial. A judgment determines who wins the case and how much money is owed.

Liability

Legal responsibility for causing harm or injury to another person. Establishing liability is essential to winning a personal injury claim.

Lien

A legal claim on your settlement to recover money owed to medical providers or insurance companies. Healthcare providers may place a lien to ensure payment from your settlement.

Litigation

The formal court process of resolving a dispute through a lawsuit. Litigation includes discovery, motions, and potentially a trial.

Medical Records

Documents from healthcare providers that document your injuries and treatment. Medical records are critical evidence of the extent of your damages.

Negligence

Failure to take reasonable care that results in harm to another person. Most personal injury cases are based on negligence.

Non-Economic Damages

Compensation for intangible losses like pain and suffering, emotional distress, and loss of enjoyment. These damages don’t have fixed dollar amounts like medical bills do.

Offer of Settlement

A proposal from the defendant or their insurance company to resolve your case for a specific amount of money. You can accept, reject, or counter the offer.

Plaintiff

The person who files a personal injury lawsuit and seeks compensation. You are the plaintiff in your case.

Pleading

A formal written document filed with the court, such as a complaint or answer. Pleadings form the foundation of the lawsuit and state each side’s claims.

Pre-Trial Settlement Conference

A meeting between the parties and sometimes a judge to attempt to resolve the case before trial. Many cases settle during these conferences.

Punitive Damages

Extra compensation awarded to punish the defendant for particularly reckless or intentional behavior. These damages go beyond simply covering your losses.

Release

A legal document you sign when accepting a settlement that waives your right to sue for that injury in the future. Releases finalize settlement agreements.

Statute of Limitations

The deadline by which you must file a personal injury lawsuit. This time limit varies by state and type of injury, typically ranging from one to six years.

Subpoena

A court order requiring someone to provide testimony or documents for a case. Failure to comply with a subpoena can result in legal penalties.

Settlement

An agreement between you and the defendant to resolve your case for an agreed upon amount of money without going to trial. Settlements avoid the uncertainty and cost of litigation.

Trial

The formal court proceeding where a judge or jury hears evidence and makes a final decision about your case. Trials occur when settlement negotiations fail.

Underinsured Motorist Coverage

Insurance coverage that protects you if the at-fault driver has insufficient liability coverage to pay your damages. This coverage helps bridge the gap in compensation.

Uninsured Motorist Coverage

Insurance protection that covers your injuries if the at-fault driver has no insurance at all. This coverage helps ensure you can recover damages even without the defendant’s insurance.

Witness Statement

A written or recorded account from someone who observed the accident or incident. Witness statements provide important evidence from people other than the parties involved.