Legal terms can be confusing, especially when you’re in the middle of a personal injury case. You shouldn’t have to go to law school to know what we are talking about, so we created your very own Personal Injury (PI) Glossary. This list should help you get familiar with some words you may hear during your PI case. For more general legal terms, read 7 Common Legal Terms Explained.
Accident Report – A detailed, formal recording of an event documented from the scene of an accident by an authority figure, such as a police officer.
Alternative Dispute Resolution – The use of methods other than litigation to resolve a legal dispute, such as arbitration and mediation. See arbitration and mediation.
Arbitration – The hearing and settlement of a legal dispute by a neutral third-party whose decision will usually be final.
Assignment of Benefits – A transfer of benefits provided by an insurance policy to a party other than the insured.
Assumption of Risk – When a person voluntarily and knowingly exposes himself or herself to the possibility of injury.
Bodily Injury – Any damage to a person’s body, i.e. broken bones, bruises, burns, cuts, nerve damage, etc.
Burden of Proof – The plaintiff’s obligation to prove that his or her allegations are true.
Causation – The act of making something happen.
Claim – A civil action relating to the physical or mental harm suffered by the plaintiff due to the negligence of the defendant.
Compensation – Something that makes up for a loss, usually of monetary value.
Damages – Payment recovered in a case for injuries or losses caused by another person’s negligence.
Duty – An obligation to use the standard of care for the safety of others that a reasonable person in the same circumstances would use.
Expert Witness – A person who is allowed to testify at a trial because of special knowledge in a particular field that is relevant to the case.
Fault – An intentional or negligent failure to act reasonably, according to law, or according to duty.
Fraud – A blatantly false statement of fact intended to persuade another person to give up something valuable or a legal right to which he or she is entitled.
Good Faith – Honest intent to fulfill a promise to act or to act without taking an unfair advantage of another person.
Gross Negligence – A conscious disregard of the need to use reasonable care, which is likely to cause foreseeable injury or harm to persons, property, or both.
Hazard – A condition that increases the probability of damage or injury.
Insured – The individual covered by insurance.
Insurer – The company that provides coverage through an insurance policy.
Liability – An obligation one is legally bound to perform.
Limitation of Risk – The maximum amount an insurer is obligated to pay in any one loss event.
Loss – The monetary value assigned to an injury or damage in a personal injury claim.
Mediation – A non-binding method of resolving a case in which a neutral third party, agreed upon by both parties, attempts to help them reach a mutually agreeable settlement.
Negotiation – To arrange or settle by discussion and mutual agreement.
Notice to Insurer – A written notice to an insurance company about an incident upon which a claim is based.
Occupational Disease – An illness caused by long-term employment in a particular line of work.
Personal Injury – The area of law which covers all physical, financial, and emotional injuries caused by another’s negligence. For more information on PI, read How To Handle A Personal Injury Claim.
Prognosis – The anticipated chance of recovering from an injury, based upon the symptoms and nature of the particular case.
Proximate Cause – The primary reason why an injury or damage occurred and without which the accident would not have happened.
Statute of Limitations – A law that determines the period of time that someone has to file a legal action, usually beginning when the injury or damage occurs.
Strict Liability – A legal doctrine that holds a defendant liable for harm caused by their actions regardless of their level of care.
Tort – A civil or private wrong committed against a person or property that results in legal liability.
Underinsured Motorist Coverage (UM) – An auto insurance policy provision that extends coverage to injuries and property damage caused by a motorist without enough insurance coverage.
Uninsured Motorist Coverage (UIM) – An addition to a standard auto insurance policy that provides coverage in the event the other driver is both at fault for the accident and is not insured. For more information on UM and UIM, read What Your Insurance Agent May Not Be Telling You About Your UM/UIM Policy.
Workers’ Compensation – Employer insurance providing medical coverage as well as compensation to employees for economic losses due to a job-related injury or illness. For more information on workers’ comp, read How Do I Get Workers’ Compensation?
Wrongful Death – A claim made on behalf of the survivors or beneficiaries of a person who has died as the result of wrongful conduct, either negligent or intentional.
If you have any more questions regarding personal injury claims or any other legal work, contact the attorneys at Kelly & West today.
“Reggie Kelly is a fantastic attorney with fantastic paralegals. My wife and I have been using him and his firm since 1983 when we first purchased property in Harnett County 37 years ago. He offers excellent legal advice and guidance. He never gets in a hurry to get us out the door because of his next appointment. He always takes the time needed to check out all of the issues that might come up. Reggie Kelly is a proud American and he loves our country and he wants everyone to do well. Reggie Kelly is an even finer person than he is a fantastic attorney and we are very fortunate to also be able to call him and his wife Cheryl our friends. We give him a 10 STAR Review!”