Glossary of Common Personal Injury Law Terms (U.S. Legal Definitions)



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Not sure what legal terms like “negligence” or “contingency fee” mean? Use this personal injury glossary to understand key legal concepts before speaking to a lawyer.

Legal language can be confusing—especially if you’ve just been in an accident. This glossary explains common personal injury terms in plain English, so you know exactly what your lawyer (or the insurance company) is talking about.


Adjuster

A representative from an insurance company who investigates your claim and determines the payout. Not your friend—their goal is to save the insurer money.


Burden of Proof

The obligation to prove your case. In civil cases, you must show your claim is true by a preponderance of the evidence (more likely than not).


Claim

A formal request for compensation due to injury or loss, usually submitted to an insurance company or filed in court.


Compensatory Damages

Money awarded to make up for losses—includes medical bills, lost wages, and pain and suffering.


Contingency Fee

A payment model where your lawyer only gets paid if you win the case. Usually, this is a percentage (e.g., 33%) of your settlement or judgment.


Damages

The total harm (financial, physical, emotional) suffered in an accident. You sue to recover damages.


Defendant

The person, company, or entity being sued in a personal injury case.


Discovery

The stage in a lawsuit where both sides share evidence and gather information, such as depositions and medical records.


Liability

Legal responsibility for causing harm or injury. If someone is liable, they (or their insurance) must pay damages.


Negligence

Failure to act with reasonable care, resulting in harm to another. Negligence is the foundation of most personal injury cases.


Pain and Suffering

Non-economic damages awarded for physical pain, emotional distress, and reduced quality of life.


Plaintiff

The injured person who initiates the lawsuit against a defendant.


Settlement

An agreement between both sides to resolve the case without going to trial. Most injury cases end with a settlement.


Statute of Limitations

The legal time limit for filing a lawsuit. Missing this deadline means losing your right to sue.


Third-Party Claim

A lawsuit or claim against someone other than your employer (e.g., equipment manufacturer in a workplace injury case).


Tort

A civil wrong (not criminal) that causes harm. Personal injury law is a tort-based system.


Wrongful Death

A type of personal injury claim brought by the family of someone who died due to another’s negligence.


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