Glossary: Common Personal Injury Terms Explained in Plain English

Personal injury cases involve legal, insurance, and medical terms that may be unfamiliar after an accident. This glossary explains common personal injury terms in plain English, with particular attention to California law and the issues injured people commonly encounter.

This glossary is provided for general educational purposes. It does not constitute legal advice and does not create an attorney-client relationship.

Accident reconstruction. The process of analyzing how an accident occurred, often using photographs, measurements, vehicle damage, physical evidence, video, and other information.

Adjuster. The insurance company representative assigned to investigate, evaluate, and attempt to resolve an insurance claim.

Alternative dispute resolution (ADR). A general term for resolving a legal dispute outside of a courtroom trial, most commonly through mediation or arbitration.

Answer. The formal written response a defendant files after being served with a complaint. It responds to the allegations and may raise defenses.

Arbitration. A form of alternative dispute resolution in which a neutral arbitrator hears the parties' positions and makes a decision. Depending on the circumstances, arbitration may be binding or non-binding.

Assumption of risk. A legal doctrine that may limit or defeat a claim when a person knowingly and voluntarily encounters a particular risk. It can arise in cases involving sports, recreational activities, and other inherently risky situations.

Attorney-client privilege. A legal protection that generally prevents confidential communications between an attorney and client from being disclosed to others, subject to important exceptions.

Bodily injury. Physical harm to a person, such as a fracture, concussion, soft-tissue injury, internal injury, or other physical condition caused by an accident.

Bodily injury coverage. The portion of an auto insurance policy that generally covers injuries the policyholder causes to other people, subject to the policy's terms and limits.

Breach of duty. A failure to meet the standard of reasonable care owed to another person. Breach is one of the elements generally required to establish negligence.

Causation. The legal requirement that a defendant's conduct or breach of duty caused the plaintiff's injury. Causation can involve both actual cause and whether the injury was a sufficiently foreseeable result of the conduct.

Claim. A demand for compensation or other legal relief based on an injury or loss. An insurance claim may be resolved without filing a lawsuit.

Comparative negligence / comparative fault. A legal framework for assigning responsibility for an accident among the parties involved. California follows a pure comparative negligence system, meaning an injured person may generally recover damages even if partly at fault, although the recovery is reduced by the person's percentage of fault.

Complaint. The formal legal document that begins a lawsuit. It identifies the parties, describes the factual and legal basis for the lawsuit, and states the relief being sought.

Conditional payment. A payment Medicare makes for medical treatment when another party, such as an auto insurer, may ultimately be responsible for paying those expenses. Medicare may seek reimbursement from a later settlement or judgment.

Contingency fee. A fee arrangement in which an attorney's fee is generally paid from money recovered for the client rather than being billed by the hour as the case progresses. The specific fee arrangement should be explained in the attorney-client agreement.

CPT code (Current Procedural Terminology code). A standardized medical billing code used to identify a particular medical service or procedure.

Damages. Money awarded or sought to compensate an injured person for losses caused by an accident. Damages may include economic and non-economic losses and, in certain cases, punitive damages.

Defendant. The person, business, government entity, or other party against whom a lawsuit is brought.

Demand letter. A formal written communication to an insurance company or opposing party explaining the basis of a claim, liability, injuries, damages, and the amount requested to resolve the claim.

Demurrer. A legal challenge asserting that a complaint does not state facts sufficient to constitute a valid legal claim, even assuming the allegations are true for purposes of the challenge.

Deposition. A formal, sworn question-and-answer session conducted outside the courtroom, usually with a court reporter present. Attorneys may question parties, witnesses, and sometimes experts during depositions.

Discovery. The formal pre-trial process through which parties obtain information and evidence from one another. Discovery may include interrogatories, requests for production, requests for admission, and depositions.

Discovery rule. A legal rule that, in certain circumstances, may delay the beginning of the statute of limitations until an injury or its cause was discovered, or reasonably should have been discovered.

Duty of care. A legal obligation to act with reasonable care toward another person. In a negligence claim, the existence of a duty is generally one of the issues that must be established.

Economic damages. Losses that can generally be assigned a specific dollar amount, such as medical expenses, lost wages, and certain future financial losses.

Eggshell plaintiff doctrine. A legal principle under which a defendant may be responsible for the full extent of an injury caused by the defendant's conduct even when the injured person had a pre-existing condition or unusual vulnerability that made the injury more severe.

ERISA (Employee Retirement Income Security Act). A federal law governing many employer-sponsored benefit plans. ERISA can affect whether a health plan has reimbursement or subrogation rights after a personal injury settlement.

Expert witness. A person with specialized education, training, knowledge, or experience who may provide opinions or testimony about issues relevant to a personal injury case.

Future damages. Compensation for losses an injured person is reasonably expected to experience in the future, such as future medical expenses, loss of earning capacity, or continuing pain and suffering.

Government Claims Act. California laws governing claims against public entities. Depending on the circumstances, a claim for money damages against a government entity generally must be presented within six months of the incident, although important exceptions and different deadlines may apply.

Government entity. A public agency or organization, such as a city, county, state agency, school district, or other governmental body.

Government claim. A claim that generally must be presented to a California public entity before a lawsuit for money damages may be filed against that entity. Government claims are subject to special procedures and deadlines.

Interrogatories. Written questions one party sends to another during discovery. The responding party generally must answer them in writing under oath, subject to applicable objections.

Joint and several liability. A legal principle under which a defendant may, in certain circumstances, be responsible for the full amount of particular damages even when other parties also share responsibility. California's rules distinguish between economic and non-economic damages.

Jurisdiction. The authority of a particular court to hear and decide a case. Jurisdiction can depend on factors such as the location of the parties or accident and the type of legal dispute involved.

Liability. Legal responsibility for causing harm or being responsible for a legal obligation.

Lien. A legal claim against money recovered in a settlement or judgment. Liens may arise from sources such as government programs, health plans, medical providers, or other entities seeking payment for accident-related expenses.

Loss of earning capacity. Compensation for a person's reduced ability to earn income in the future because of an injury or permanent impairment.

Loss of enjoyment of life. A component of non-economic damages reflecting the ways an injury interferes with a person's ability to participate in activities, hobbies, relationships, and other aspects of life.

Maximum medical improvement (MMI). A point at which a medical provider determines that an injury has stabilized and is unlikely to improve substantially with additional treatment. Reaching MMI does not necessarily mean that a person has fully recovered.

Medicaid/Medi-Cal. Medi-Cal is California's Medicaid program. When Medi-Cal pays for accident-related medical treatment, it may have a right to seek reimbursement from a personal injury settlement.

Medical lien. An arrangement or legal claim under which a medical provider may seek payment for accident-related treatment from the proceeds of a later settlement or judgment.

Medical records. Records created by healthcare providers documenting a person's medical condition, diagnosis, treatment, testing, medications, and prognosis.

Medicare Secondary Payer Act. Federal law establishing circumstances in which Medicare may seek reimbursement when it paid for medical treatment that should ultimately be paid by another responsible party.

MedPay (medical payments coverage). Optional auto insurance coverage that can pay certain accident-related medical expenses regardless of who caused the accident, up to the applicable policy limit.

Mediation. A form of alternative dispute resolution in which a neutral mediator helps the parties attempt to reach a settlement. The mediator does not decide the case, and mediation is generally non-binding unless the parties reach an agreement.

Motion in limine. A pre-trial request asking the court to allow or exclude particular evidence or testimony from being presented to the jury.

Motion for summary judgment. A pre-trial motion asking the court to decide all or part of a case without a trial when the moving party argues that there is no genuine dispute over the material facts requiring a trial.

Negligence. A legal theory underlying many personal injury claims. Generally, negligence involves a failure to use reasonable care that causes injury to another person.

Non-economic damages. Compensation for losses that do not have a precise dollar value, such as pain and suffering, emotional distress, inconvenience, and loss of enjoyment of life.

Notice of claim. A formal notice that may be required before pursuing certain claims against a government entity. California government claims are subject to special procedures and deadlines.

Pain and suffering. A type of non-economic damage involving the physical pain, emotional distress, inconvenience, and other effects an injured person experiences because of an injury.

Permanent disability. A lasting impairment or limitation resulting from an injury that affects a person's physical or mental functioning, daily activities, or ability to work.

Plaintiff. The person or entity bringing a lawsuit. In a typical personal injury case, the plaintiff is the injured person.

Policy limits. The maximum amount an insurance company may be required to pay under a particular insurance coverage, subject to the policy's terms and applicable law.

Pre-existing condition. A medical condition or injury that existed before the accident. A pre-existing condition does not necessarily prevent a person from recovering damages if an accident causes a new injury or aggravates the existing condition.

Preponderance of the evidence. The standard of proof generally used in civil cases, including personal injury cases. It generally means that something is more likely true than not true.

Premises liability. The area of law involving injuries caused by dangerous or unsafe conditions on property. Depending on the circumstances, property owners, occupiers, or others responsible for the property may have legal duties to visitors.

Prop 51 / Proposition 51. A California law affecting how liability for damages is allocated among multiple defendants, particularly with respect to non-economic damages.

Property damage claim. A claim seeking compensation for physical damage to property, most commonly damage to a vehicle following a collision. Property damage is often handled separately from the bodily injury portion of a claim.

Provocation. In a dog-bite case, conduct by the injured person that may have antagonized or provoked the dog. Depending on the facts, provocation may affect a claim.

Punitive damages. Damages intended primarily to punish a defendant and deter particularly wrongful conduct. They are different from compensatory damages and generally require proof of malice, oppression, or fraud under California law.

Recorded statement. A statement about an accident or injury given to an insurance company, sometimes recorded. Statements may later become evidence in evaluating or litigating a claim.

Request for admission. A discovery request asking another party to admit or deny specific facts, the genuineness of documents, or the application of law to fact.

Request for production. A formal discovery request asking another party to produce documents, electronically stored information, photographs, records, or other evidence relevant to the case.

Release. A legal document in which a person agrees to give up specified legal claims, often in exchange for receiving a settlement. A release can have significant legal consequences, so it should be understood before it is signed.

Reserve. An insurance company's internal estimate of the amount it may ultimately need to pay on a claim. A reserve is not necessarily an indication of what the insurer believes the claim is worth.

Reservation of rights. An insurer's notice that it is investigating or handling a claim while reserving the right to later dispute whether the insurance policy provides coverage.

Settlement. An agreement resolving a legal claim without the case proceeding to a final trial verdict. A settlement may occur before or after a lawsuit is filed.

Settlement demand. A formal request asking an insurance company or opposing party to resolve an injury claim for a specified amount, usually supported by evidence concerning liability, injuries, treatment, and damages.

Special damages. A term sometimes used to describe economic losses that can generally be calculated in monetary terms, such as medical expenses and lost income.

Statute of limitations. A law establishing a deadline for filing a lawsuit. California personal injury claims are generally subject to a two-year statute of limitations, but important exceptions and different deadlines can apply.

Strict liability. A legal theory under which a person or entity may be held responsible for certain harm without the injured person having to prove ordinary negligence. California's dog-bite statute is one example of a strict-liability rule.

Subrogation. A legal or contractual right allowing an insurer or other entity that paid expenses on a person's behalf to seek reimbursement from a settlement or judgment when another party was responsible for the loss.

TBI (traumatic brain injury). An injury to the brain caused by an external force. TBIs can range from relatively mild concussions to severe injuries resulting in permanent impairment.

Tolling. The legal suspension or postponement of a deadline, such as a statute of limitations, under circumstances recognized by law. Certain rules may affect deadlines involving minors or other circumstances.

Underinsured motorist (UIM) coverage. Auto insurance coverage that may provide compensation when an at-fault driver has insurance but the available liability limits are insufficient to fully compensate an injured person for covered damages.

Unfair claims practices. Insurance claims-handling practices that may violate applicable laws or regulations governing the handling and resolution of insurance claims.

Uninsured motorist (UM) coverage. Auto insurance coverage that may provide compensation when an at-fault driver has no applicable liability insurance. Depending on the policy and circumstances, UM coverage may also apply to certain hit-and-run accidents.

Verdict. The final decision reached by a jury or judge at the conclusion of a trial, including, when applicable, an award of damages.

Voir dire. The process of questioning prospective jurors to help determine whether they can fairly and impartially serve on a jury.

Whiplash. A neck injury caused by a sudden back-and-forth movement of the head and neck. It commonly occurs in motor-vehicle collisions but can result from other types of trauma as well.

Wrongful death. A legal claim arising when a person's death is caused by the wrongful act or negligence of another. California wrongful-death claims have their own rules concerning who may bring the claim, damages, and filing deadlines.

This glossary covers the terms used throughout this site, but claims can involve additional, more specialized vocabulary depending on the specifics of your situation. If you come across a term here, or anywhere else, that isn't clear, it's a completely reasonable thing to ask about directly.

These terms and definitions apply the same way throughout the Santa Clarita Valley, including Valencia, Canyon Country, Newhall, Saugus, Stevenson Ranch, and Castaic. Legal and insurance terminology is a matter of California and federal law and doesn't vary by location within the Valley.