Personal Injury Legal Glossary
Legal jargon can be confusing when you are dealing with an injury. This glossary explains 42+ personal injury terms in plain English so you can understand your rights and your case.
Accident Report
An official document filed by law enforcement at the scene of an accident. It includes details about the parties involved, witness statements, road conditions, and the officer's assessment of fault. Accident reports are critical evidence in personal injury claims and should be obtained as soon as possible after a collision.
Adjuster
An insurance company employee or independent contractor who investigates claims, evaluates damages, and negotiates settlements on behalf of the insurer. Adjusters work for the insurance company, not for you — their goal is to minimize the amount the company pays on your claim.
Arbitration
A form of alternative dispute resolution where a neutral third party (the arbitrator) hears both sides and makes a binding or non-binding decision. Arbitration is typically faster and less expensive than a trial but may limit your ability to appeal the outcome.
Bad Faith
When an insurance company unreasonably denies, delays, or underpays a valid claim. Bad faith practices include failing to investigate a claim, misrepresenting policy terms, or offering unreasonably low settlements. Victims of insurance bad faith may be entitled to additional damages beyond the original claim.
Bodily Injury
Physical harm to a person's body caused by an accident, negligence, or intentional act. Bodily injury claims cover medical expenses, lost wages, pain and suffering, and other damages resulting from the physical harm.
Burden of Proof
The obligation to prove the facts of a case. In personal injury cases, the plaintiff (injured person) bears the burden of proving that the defendant was negligent and that the negligence caused their injuries. The standard is 'preponderance of the evidence' — meaning it is more likely than not that the defendant was at fault.
Comparative Negligence
A legal doctrine that reduces a plaintiff's compensation based on their percentage of fault in causing the accident. In New Jersey, you can recover damages as long as you are less than 51% at fault, but your award is reduced by your percentage of fault. For example, if you are 20% at fault and your damages are $100,000, you would receive $80,000.
Contingency Fee
A fee arrangement where the attorney is paid a percentage of the settlement or verdict, typically 33%. If the attorney does not win your case, you owe nothing. This arrangement allows injured people to access legal representation without upfront costs.
Damages
The monetary compensation awarded to an injured person. Damages fall into three categories: economic damages (medical bills, lost wages, property damage), non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life), and punitive damages (punishment for particularly egregious conduct).
Deposition
Sworn, out-of-court testimony given by a witness or party in a lawsuit. Depositions are part of the discovery process and are recorded by a court reporter. The testimony can be used at trial, making depositions a critical phase of litigation.
Discovery
The pre-trial phase where both sides exchange information and evidence relevant to the case. Discovery includes interrogatories (written questions), document requests, depositions, and requests for admission. This phase can take 6-12 months in complex cases.
Duty of Care
The legal obligation to act with reasonable care to avoid causing harm to others. All drivers have a duty of care to operate their vehicles safely. Property owners have a duty to maintain safe premises. When someone breaches their duty of care and causes injury, they may be liable for negligence.
Economic Damages
Compensation for measurable financial losses resulting from an injury. This includes medical expenses (past and future), lost wages, reduced earning capacity, property damage, and other out-of-pocket costs that can be calculated with receipts, bills, and financial records.
Evidence
Any information used to prove or disprove facts in a legal case. In personal injury cases, evidence includes medical records, accident reports, photographs, witness statements, expert testimony, surveillance footage, and electronic data from vehicles or phones.
Fault
Legal responsibility for causing an accident or injury. Fault is determined by examining whether a party breached their duty of care through negligence, recklessness, or intentional misconduct. In comparative negligence states like New Jersey, fault can be shared between multiple parties.
FMCSA
The Federal Motor Carrier Safety Administration, a U.S. government agency that regulates the trucking and bus industries. FMCSA sets rules for hours of service, vehicle maintenance, driver qualifications, and insurance requirements for commercial vehicles. Violations of FMCSA regulations can be strong evidence of negligence in trucking accident cases.
General Damages
Non-economic damages that compensate for subjective losses that cannot be precisely calculated, such as pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life. General damages are typically the largest component of a personal injury settlement.
Interrogatories
Written questions sent by one party to another during the discovery phase of a lawsuit. The receiving party must answer under oath within a specified time period. Interrogatories are used to gather factual information about the case.
Letter of Protection (LOP)
A letter from an attorney to a medical provider guaranteeing that the provider will be paid from the proceeds of the client's settlement or verdict. LOPs allow injured people to receive medical treatment without paying upfront, which is particularly important for those without health insurance or with limited PIP coverage.
Liability
Legal responsibility for an action or failure to act that causes harm to another person. In personal injury cases, establishing liability means proving that the defendant owed a duty of care, breached that duty, and caused the plaintiff's injuries as a result.
Lien
A legal claim against a settlement or verdict by a party who provided services or benefits to the injured person. Common liens include medical provider liens, health insurance subrogation liens, Medicare/Medicaid liens, and workers' compensation liens. Liens must be resolved before settlement funds are distributed.
Litigation
The process of resolving a dispute through the court system, including filing a lawsuit, discovery, motions, trial, and potentially appeal. While most personal injury cases settle before trial, the threat of litigation gives your attorney leverage in negotiations.
Loss of Consortium
A claim by the spouse or family member of an injured person for the loss of companionship, affection, sexual relations, and household services resulting from the injury. Loss of consortium is a separate claim from the injured person's own damages.
Maximum Medical Improvement (MMI)
The point at which an injured person's condition has stabilized and further medical treatment is unlikely to produce significant improvement. Reaching MMI is important for your legal case because it allows your attorney to accurately calculate the full value of your damages, including future medical needs.
Mediation
A voluntary form of alternative dispute resolution where a neutral mediator helps both parties negotiate a settlement. Unlike arbitration, the mediator does not make a decision — they facilitate discussion and help the parties find common ground. Mediation is often required by courts before a case can proceed to trial.
Medical Malpractice
Negligence by a healthcare provider — including doctors, nurses, hospitals, and other medical professionals — that results in harm to a patient. Medical malpractice claims require expert testimony to establish the standard of care and prove that the provider's actions fell below that standard.
Negligence
The failure to exercise reasonable care, resulting in harm to another person. To prove negligence in a personal injury case, you must establish four elements: the defendant owed you a duty of care, the defendant breached that duty, the breach caused your injuries, and you suffered actual damages as a result.
No-Fault Insurance
An auto insurance system where your own insurance company pays for your medical expenses regardless of who caused the accident. New Jersey is a no-fault state, meaning your Personal Injury Protection (PIP) coverage pays your medical bills first. You may still be able to sue the at-fault driver for additional damages depending on your policy threshold selection.
Non-Economic Damages
Compensation for losses that do not have a specific dollar amount, such as pain and suffering, emotional distress, loss of enjoyment of life, scarring and disfigurement, and loss of consortium. Non-economic damages are subjective and often the most contested part of a personal injury claim.
Pain and Suffering
A category of non-economic damages that compensates for the physical pain and emotional distress caused by an injury. Pain and suffering includes both the immediate pain from the injury and the ongoing discomfort during recovery, as well as any permanent pain or limitations. There is no formula for calculating pain and suffering — it depends on the severity and duration of the injury.
Personal Injury Protection (PIP)
A type of auto insurance coverage required in no-fault states like New Jersey that pays for your medical expenses, lost wages, and essential services regardless of who caused the accident. Standard PIP coverage in New Jersey is $250,000, though lower limits are available. PIP is your first source of payment for medical treatment after a car accident.
Plaintiff
The person who files a lawsuit seeking compensation for injuries or damages. In a personal injury case, the plaintiff is the injured person (or their family in a wrongful death case). The plaintiff bears the burden of proving the defendant's liability.
Premises Liability
The legal responsibility of property owners and occupiers to maintain safe conditions on their property. If you are injured due to a dangerous condition on someone else's property — such as a wet floor, broken staircase, or inadequate security — the property owner may be liable for your injuries.
Punitive Damages
Additional damages awarded to punish a defendant for particularly egregious, reckless, or intentional conduct and to deter similar behavior in the future. Punitive damages are rare in personal injury cases and are only available when the defendant's conduct goes beyond ordinary negligence.
Settlement
An agreement between the injured person and the at-fault party (or their insurance company) to resolve a claim for a specific amount of money without going to trial. Most personal injury cases settle before trial. A settlement is final — once you accept, you cannot pursue additional compensation for the same injury.
Statute of Limitations
The legal deadline for filing a lawsuit. In New Jersey, the statute of limitations for most personal injury cases is 2 years from the date of the injury. In New York, it is 3 years. Missing this deadline permanently bars you from filing a lawsuit, regardless of how strong your case may be. Some exceptions apply for minors, government entities, and cases where the injury was not immediately discovered.
Subrogation
The right of an insurance company to recover money it paid on your behalf from the at-fault party. For example, if your health insurance paid $50,000 for accident-related treatment, your health insurer may have a subrogation claim against your personal injury settlement. Your attorney will negotiate to reduce subrogation claims and maximize your net recovery.
Tort
A civil wrong that causes harm to another person, giving the injured person the right to file a lawsuit for compensation. Personal injury cases are tort claims. The most common tort in personal injury law is negligence, though intentional torts (assault, battery) and strict liability torts (defective products, dog bites in some states) also apply.
Traumatic Brain Injury (TBI)
An injury to the brain caused by a blow, jolt, or penetrating wound to the head. TBIs range from mild concussions to severe injuries causing permanent cognitive impairment, personality changes, and disability. Even mild TBIs can have long-lasting effects and should be evaluated by a medical professional immediately after an accident.
Uninsured/Underinsured Motorist Coverage (UM/UIM)
Insurance coverage that protects you when the at-fault driver has no insurance (uninsured) or insufficient insurance to cover your damages (underinsured). In New Jersey, UM/UIM coverage is optional but highly recommended. It is often the most important coverage on your policy because it protects you from drivers who cannot pay for the harm they cause.
Verbal Threshold
A New Jersey auto insurance option (also called the 'limitation on lawsuit' option) that restricts your ability to sue for pain and suffering unless your injuries meet specific criteria: death, dismemberment, significant disfigurement, displaced fractures, loss of a fetus, or permanent injury. The verbal threshold option has lower premiums but limits your legal rights.
Wrongful Death
A civil claim filed by the surviving family members of a person who died due to another party's negligence, recklessness, or intentional misconduct. Wrongful death claims seek compensation for the family's losses, including lost income, funeral expenses, loss of companionship, and emotional suffering. In New Jersey and New York, the statute of limitations for wrongful death is 2 years.