Personal Injury Legal Terms Defined

Experiencing an injury due to another’s negligence can be overwhelming. Familiarizing yourself with key legal terms is crucial for navigating your personal injury claim effectively.

At Scher, Bassett & Hames, we are committed to providing clear explanations to empower our clients. Below is an enhanced glossary of personal injury legal terms relevant under California law.

Accident Report: A formal document created by law enforcement or relevant authorities detailing the specifics of an accident, including involved parties, circumstances, and potential causes.

Adjuster (Insurance Adjuster): A representative from an insurance company who investigates claims, assesses damages, and negotiates settlements.

Affidavit: A written statement confirmed by oath or affirmation, used as evidence in legal proceedings.

Aggravated Damages: Additional compensation awarded when the defendant’s conduct is particularly egregious or malicious.

Appeal: A request made to a higher court to review and change the decision of a lower court.

Arbitration: A method of dispute resolution where an impartial third party, the arbitrator, makes a binding decision without the need for a court trial.

Assumption of Risk: A legal doctrine stating that if an individual knowingly engages in an activity with inherent risks, they may be barred from claiming damages if injured.

At-Fault Party: The individual or entity legally responsible for causing an accident or injury.

Bad Faith: When an insurance company unjustifiably refuses, delays, or underpays a legitimate claim, breaching its duty of good faith and fair dealing.

Bodily Injury: Physical harm to a person’s body caused by another’s negligence, often covered under liability insurance.

Burden of Proof: The obligation to present evidence to support one’s claim; in personal injury cases, the plaintiff must prove the defendant’s negligence caused their injury.

Brain Injury: Damage to the brain resulting from trauma, potentially leading to cognitive, physical, or emotional impairments.

Catastrophic Injury: Severe injuries that result in long-term or permanent disability, such as spinal cord injuries or traumatic brain injuries.

Causation: The requirement to show that the defendant’s actions directly caused the plaintiff’s injury.

Civil Liability: Legal responsibility arising from actions or omissions that cause harm to another person.

Claim: A formal request for compensation due to damages suffered, submitted to an insurance company or at-fault party.

Collateral Source Rule: A legal principle preventing defendants from reducing their liability by the amount the plaintiff receives from other sources, like insurance.

Comparative Fault: A system that allocates damages based on the degree of fault of each party involved in an incident.

Comparative Negligence: A legal concept that reduces the plaintiff’s compensation proportionally to their share of fault in causing their injury.

Contingency Fee: An arrangement where an attorney’s payment is contingent upon winning the case, typically as a percentage of the settlement or judgment.

Compensatory Damages: Monetary awards intended to reimburse the injured party for actual losses, including medical expenses, lost wages, and pain and suffering.

Damages: Financial compensation awarded to a plaintiff for losses resulting from an accident or injury.

Declaratory Judgment: A court’s statement that determines the rights of parties without ordering any specific action or awarding damages.

Defendant: The individual or entity accused of causing harm in a lawsuit.

Deposition: Sworn, out-of-court testimony of a witness used to gather information during the discovery phase of a lawsuit.

Discovery Rule: A legal principle that may extend the statute of limitations, allowing a lawsuit to be filed within a certain period after the injury is discovered or should have been discovered.

Duty of Care: The legal obligation to act with a standard of reasonable care to prevent harm to others.

Duty to Mitigate: The responsibility of an injured party to take reasonable steps to minimize their damages after an injury.

Economic Damages: Compensation for quantifiable financial losses, such as medical bills and lost earnings.

Emotional Distress: Psychological suffering resulting from an incident, which may be compensable in a personal injury claim.

Exemplary Damages: Also known as punitive damages; intended to punish the defendant for particularly reckless or malicious behavior and deter similar conduct.

Exculpatory Clause: A contract provision that attempts to release a party from liability for future negligence; such clauses are often scrutinized and may be unenforceable in personal injury cases.

Expert Witness: A specialist who provides testimony to clarify complex aspects of a case, such as medical conditions or accident reconstruction.

Fault: The determination of responsibility for an accident or injury, influencing liability and compensation.

Foreseeability: The concept that certain consequences could reasonably be anticipated as a result of specific actions.

Fraud: Intentional deception causing harm or loss to another person.

Future Medical Expenses: Projected costs for ongoing medical care related to an injury.

Gross Negligence: A severe lack of care demonstrating a reckless disregard for the safety or rights of others.

General Damages: Compensation for non-monetary losses, including pain and suffering, emotional distress, and loss of enjoyment of life.

Hazardous Condition: A dangerous situation on a property that may lead to injury, commonly cited in premises liability claims.

Hit-and-Run: An accident in which a driver involved in a collision leaves the scene without providing their information or assisting injured parties.

Implied Consent: The assumption that an individual agrees to certain actions based on their behavior, rather than explicit agreement.

Insurance Policy: A legal contract that outlines the coverage and obligations between an insured party and an insurance provider.

Intentional Infliction of Emotional Distress (IIED): A claim arising from extreme and outrageous conduct that causes severe emotional harm.

Intentional Tort: A wrongful act committed deliberately, such as assault, defamation, or fraud.

Intervening Cause: An event occurring after the defendant’s actions that may contribute to or change liability in a personal injury case.

Judgment: The court’s official ruling in a personal injury case, determining liability and damages.

Judicial Review: The process by which a higher court examines the decisions of a lower court for legal errors.

Joint and Several Liability: A legal doctrine allowing multiple defendants to be held individually or collectively responsible for damages.

Legal Malpractice: Professional negligence by an attorney that harms a client’s legal standing or financial interests.

Liability: Legal responsibility for an injury or accident, often established through negligence.

Lien: A legal claim against a settlement or judgment to secure payment for medical bills, legal fees, or other debts.

Lien Waiver: A document relinquishing a legal claim to a portion of a settlement or judgment.

Litigation: The process of pursuing legal action through the court system to seek compensation for damages.

Loss of Consortium: Compensation awarded to a spouse or family member for the loss of companionship and support due to an injury.

Mass Tort: A lawsuit involving multiple plaintiffs who have suffered similar injuries due to the same defendant’s actions, often seen in product liability cases.

Material Misrepresentation: A false statement that affects the outcome of a legal claim or insurance policy.

Medical Malpractice: Professional negligence by a healthcare provider that results in injury or wrongful death.

Mediation: A voluntary dispute resolution process in which a neutral mediator helps parties reach a settlement.

Motion to Dismiss: A legal request for the court to terminate a case before trial, often on procedural or jurisdictional grounds.

Negligence: The failure to exercise reasonable care, resulting in harm to another person.

Non-Economic Damages: Compensation for intangible losses such as pain and suffering, emotional distress, and diminished quality of life.

Occupational Disease: A medical condition caused by workplace exposure to hazardous conditions.

Out-of-Court Settlement: A resolution reached between parties before trial, often through negotiations.

Pain and Suffering: Compensation for physical and emotional distress resulting from an injury.

Pecuniary Damages: Compensation awarded for financial losses such as lost wages and medical expenses.

Personal Injury: A legal claim arising from harm caused by another party’s negligence.

Plaintiff: The injured party filing a lawsuit against a defendant.

Premises Liability: A legal principle holding property owners responsible for injuries occurring due to unsafe conditions on their premises.

Preponderance of Evidence: The standard of proof in civil cases, requiring that the plaintiff’s claims be more likely true than not.

Reasonable Care: The level of caution and attention a prudent person would exercise under similar circumstances.

Reckless Conduct: Actions demonstrating a willful disregard for the safety of others.

Res Ipsa Loquitur: A legal doctrine allowing negligence to be inferred when an accident’s cause is obviously within the defendant’s control.

Respondeat Superior: A legal principle holding employers accountable for their employees’ negligent actions performed within the scope of employment.

Settlement: An agreement resolving a legal dispute without proceeding to trial.

Statute of Limitations: The legal deadline within which a lawsuit must be filed.

Strict Liability: A legal standard holding a party liable for damages regardless of intent or negligence, often applied in defective product cases.

Strict Product Liability: A legal doctrine holding manufacturers and sellers responsible for injuries caused by defective products, regardless of fault.

Subrogation: The right of an insurer to seek reimbursement from a third party after paying a claim on behalf of the insured.

Third-Party Claim: A legal claim against someone other than an employer or insurer, such as a manufacturer in a defective product case.

Tort: A civil wrong that results in harm to another person, leading to legal liability.

Traumatic Brain Injury (TBI): A serious injury to the brain caused by external force, potentially resulting in cognitive and motor impairments.

Uninsured Motorist Coverage: Insurance that compensates victims when an at-fault driver lacks adequate insurance.

Underinsured Motorist Coverage: Additional insurance coverage that provides compensation when an at-fault driver’s policy limits are insufficient.

Vicarious Liability: A legal doctrine holding one party responsible for the actions of another, such as an employer being liable for an employee’s negligence.

Workers’ Compensation: Benefits provided to employees who suffer job-related injuries or illnesses.

Wrongful Death: A legal claim filed when an individual dies due to another party’s negligence or intentional actions.

Contact Scher, Bassett & Hames for Expert Legal Representation

Injured due to someone else’s negligence? You deserve justice and full compensation for your suffering. At Scher, Bassett & Hames, our skilled personal injury attorneys have a proven track record of winning maximum settlements for our clients.

We fight aggressively to protect your rights and won’t stop until you receive the compensation you are entitled to. Don’t wait—your case may have time limits. Call us today at 408-739-5300 for a free, no-obligation consultation and take the first step toward securing your future.