This glossary is designed to make unfamiliar terminology easier to understand. It focuses primarily on terms commonly encountered in California personal injury claims, insurance claims, and lawsuits. It is provided for general educational purposes, does not constitute legal advice, and does not create an attorney-client relationship.
Key Takeaways
- Personal injury claims involve legal, medical, insurance, and financial terminology that can be confusing after an accident.
- Some terms have very specific meanings under California law.
- Insurance terminology does not always mean the same thing as legal terminology.
- The meaning and significance of a particular term can depend on the facts of the claim.
A
- Accident reconstruction
- The process of analyzing how an accident occurred, often using photographs, measurements, vehicle damage, physical evidence, video, vehicle data, and other information.
- Adjuster
- The insurance company representative assigned to investigate, evaluate, and attempt to resolve an insurance claim.Read more: Dealing With Insurance Companies
- Alternative dispute resolution (ADR)
- A general term for resolving a legal dispute without a courtroom trial. Mediation and arbitration are common forms of alternative dispute resolution.
- Answer
- The formal written response a defendant files after being served with a complaint. An answer generally responds to the allegations and may raise legal defenses.
- Arbitration
- A method of resolving a dispute outside of a trial in which an arbitrator hears the parties' positions and evidence. Depending on the circumstances and agreement involved, 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 activities involving inherent risks.
- Attorney-client privilege
- A legal protection that generally protects confidential communications between an attorney and client from compelled disclosure, subject to important exceptions.
B
- Bodily injury
- Physical harm to a person, such as a fracture, concussion, soft-tissue injury, internal injury, or other physical condition caused or aggravated by an accident.
- Bodily injury coverage
- The portion of an automobile insurance policy that generally provides liability coverage for bodily injuries the insured causes to other people, subject to the policy's terms, exclusions, and limits.
- Breach of duty
- A failure to meet a legal duty owed to another person. In a negligence claim, breach of the applicable duty of reasonable care is generally one of the issues that must be established.
C
- Causation
- The connection between a person's conduct and an injury. In a negligence case, the plaintiff generally must establish that the defendant's conduct was a cause of the injury, subject to the applicable legal rules concerning causation and foreseeability.
- Civil lawsuit
- A legal action brought in court to seek compensation or other relief for an alleged wrong.
- Claim
- A demand for compensation or other legal relief based on an injury or loss. An insurance claim can often be resolved without filing a lawsuit.
- Comparative fault
- A system for allocating responsibility among parties who contributed to an accident or injury. California generally follows a pure comparative fault approach, so an injured person's recovery may be reduced by the percentage of fault assigned to that person.Read more: Fault and Liability
- Complaint
- The formal legal document that begins a civil lawsuit. It identifies the parties, states the factual and legal allegations, and describes the relief being sought.
- Conditional payment
- A payment made by Medicare for medical treatment when another party may ultimately be responsible for the expenses. Medicare may seek reimbursement from a later settlement or judgment when applicable.Read more: Medical Bills & Liens
- Contingency fee
- A fee arrangement in which an attorney's fee is generally based on money recovered for the client rather than an hourly fee paid as the case progresses. The specific terms should be stated in the attorney-client agreement.Read more: Do I Need a Personal Injury Lawyer?
- CPT code
- A Current Procedural Terminology code used in medical billing to identify a particular medical service or procedure.
D
- Damages
- Money awarded or sought to compensate an injured person for legally compensable losses caused by an accident or other wrongful conduct. Depending on the circumstances, damages may include economic losses, non-economic losses, and sometimes punitive damages.Read more: Case Value
- 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 to a complaint asserting that, even assuming the allegations are true for purposes of the challenge, the complaint does not state facts sufficient to constitute a legally sufficient cause of action.
- Deposition
- A formal, sworn question-and-answer session conducted outside the courtroom, usually with a court reporter present. Attorneys may question parties, witnesses, and experts during depositions.
- Discovery
- The formal pretrial process through which parties obtain information and evidence from one another. Discovery can include interrogatories, requests for production, requests for admission, depositions, and other procedures.Read more: How Personal Injury Cases Work
- Discovery rule
- A rule that can, under certain circumstances, affect when a statute of limitations begins to run. Depending on the claim, the deadline may be measured from when the injury or its cause was discovered, or reasonably should have been discovered.Read more: Filing Deadlines
- Duty of care
- A legal obligation to act with reasonable care toward another person. Whether a duty exists and what that duty requires depends on the circumstances and applicable law.
E
- 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 wrongful conduct even when the injured person had a pre-existing condition or unusual vulnerability that made the injury more severe.
- ERISA
- The 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 following a personal injury settlement.
- Expert witness
- A person with specialized education, training, knowledge, skill, or experience who may provide opinions or testimony concerning issues relevant to a case.Read more: How Personal Injury Cases Work
F
- Future damages
- Compensation for legally compensable losses an injured person is reasonably expected to experience in the future. Depending on the case, this may include future medical care, future loss of earnings or earning capacity, and future pain and suffering.
G
- General damages
- A category of damages that generally compensates for losses that are not easily assigned a precise dollar amount, such as pain and suffering, emotional distress, inconvenience, and loss of enjoyment of life.
- Government claim
- A claim for money or damages that may be required before a lawsuit can be brought against a California public entity. Special rules and deadlines apply, and the requirements can vary depending on the circumstances.Read more: Filing Deadlines
- Government Claims Act
- California laws governing certain claims against public entities. Special procedures and deadlines can apply when seeking money damages from a city, county, state agency, school district, or other public entity.Read more: Filing Deadlines
- Government entity
- A public agency or organization, such as a city, county, state agency, school district, or other governmental body.
J
- Joint and several liability
- A legal principle that can make a defendant responsible for the full amount of certain damages even when other parties also contributed to the harm. California law treats economic and non-economic damages differently in allocating responsibility among multiple defendants.
L
- Liability
- Legal responsibility for causing harm or for another legal obligation.
- Lien
- A legal claim against money recovered in a settlement or judgment. Liens or reimbursement rights may arise from sources such as government programs, health plans, medical providers, or other entities seeking payment for accident-related expenses.Read more: Medical Bills & Liens
- Loss of consortium
- A claim for certain harms suffered by a spouse or registered domestic partner because of the injured person's injuries. Depending on the circumstances, it can involve loss of companionship, affection, sexual relations, and household services.
- Loss of earning capacity
- Damages based on a person's reduced ability to earn income in the future because of an injury, impairment, or disability. It is different from simply calculating wages already lost.
- 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.
M
- 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 the person has completely recovered.Read more: Getting Medical Care
- 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. A mediation generally becomes binding only when the parties reach an enforceable agreement.
- Medi-Cal
- 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 recovery.Read more: Medical Bills & Liens
- 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.Read more: Medical Bills & Liens
- Medical records
- Records created by healthcare providers documenting a person's medical condition, symptoms, diagnoses, treatment, testing, medications, and prognosis.Read more: Evidence & Documentation
- 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 available under some automobile insurance policies. It can pay certain accident-related medical expenses regardless of who caused the accident, subject to the policy's terms and limits.Read more: Medical Bills & Liens
- Motion for summary judgment
- A motion asking the court to resolve all or part of a case without a trial when the moving party contends there is no genuine dispute concerning material facts requiring a trial.
- Motion in limine
- A pretrial request asking the court to allow or exclude particular evidence or testimony from being presented to the jury.
N
- Negligence
- A legal theory underlying many personal injury claims. Generally, negligence involves a failure to use the level of care that the law requires under the circumstances, resulting in legally compensable harm.Read more: Fault and Liability
- 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.Read more: Filing Deadlines
P
- Pain and suffering
- A category of non-economic damages involving the physical pain, emotional distress, inconvenience, and other effects an injured person experiences because of an injury.Read more: Case Value
- 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 declarations page
- A portion of an insurance policy that generally identifies important policy information, such as the insured, covered vehicles or property, applicable coverage, and policy limits. The declarations page is useful when determining what insurance coverage may be available.
- Policy limits
- The maximum amount an insurance company may be required to pay under a particular coverage, subject to the policy's terms, exclusions, conditions, and applicable law.
- Pre-existing condition
- A medical condition or injury that existed before the accident. A pre-existing condition does not necessarily prevent recovery if an accident causes a new injury or aggravates an existing condition.
- Premises liability
- The area of law involving injuries caused by dangerous or unsafe conditions on property. Depending on the circumstances, property owners, occupants, landlords, businesses, or others responsible for property may have legal duties concerning dangerous conditions.Read more: Slip and Fall
- Preponderance of the evidence
- The standard of proof generally used in civil cases, including personal injury cases. It generally means that a fact is more likely true than not true.
- 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.Read more: Car Accidents
- Proposition 213
- A California law, including Civil Code section 3333.4, that can restrict recovery of certain damages by an uninsured driver or a person convicted of certain alcohol- or drug-related offenses arising from the accident. The application of the law depends on the specific circumstances.
- Proposition 51
- A California law that affects how responsibility for damages is allocated among multiple defendants, particularly non-economic damages. The rules are more complicated than simply dividing every damage award equally among defendants.
- Provocation
- In a dog-bite case, conduct by the injured person that may have antagonized or provoked the dog. Depending on the facts and applicable law, provocation may affect the claim.Read more: Dog Bites
- Punitive damages
- Damages intended primarily to punish a defendant and deter particularly wrongful conduct rather than simply compensate the injured person. Under California law, punitive damages generally require proof of malice, oppression, or fraud.
R
- Recorded statement
- A statement about an accident or injury given to an insurance company and sometimes recorded. A recorded statement may later be used in evaluating or litigating a claim.Read more: Dealing With Insurance Companies
- Release
- A legal document in which a person agrees to give up specified legal claims, often in exchange for receiving a settlement. Signing a release can have significant legal consequences.Read more: Settlement Offers
- Request for admission
- A discovery request asking another party to admit or deny specified facts, the genuineness of documents, or other matters permitted under the discovery rules.
- 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.
- 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.
- Reserve
- An insurance company's internal estimate of the amount it may ultimately need to pay on a claim. An insurance reserve is not necessarily an indication of what the insurer believes the claim is worth.
S
- Settlement
- An agreement resolving a legal claim without the case proceeding to a final trial verdict. A settlement can 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.Read more: Settlement Offers
- 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 limitations period, but important exceptions and different deadlines can apply.Read more: Filing Deadlines
- Strict liability
- A legal theory under which a person or entity may be held responsible for certain harm without requiring proof of ordinary negligence. California's dog-bite statute is one example of a strict-liability rule.Read more: Dog Bites
- 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.Read more: Medical Bills & Liens
T
- TBI
- Traumatic brain injury. A TBI is 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. The rules governing tolling are fact-specific and can vary depending on the type of claim.Read more: Filing Deadlines
U
- Underinsured motorist (UIM) coverage
- Automobile 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 investigation, evaluation, or resolution of insurance claims.
- Uninsured motorist (UM) coverage
- Automobile 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.
V
- 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.
W
- 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, neglect, or default of another. California wrongful-death claims have their own rules concerning who may bring the claim, available damages, and applicable filing deadlines.
A Final Word About Legal Terms
A glossary can explain what a legal term generally means, but the meaning of a term does not always tell the whole story.
Personal injury claims often involve several issues at the same time: liability, comparative fault, medical treatment, insurance coverage, evidence, damages, liens, and deadlines. A term that sounds straightforward can have a very different significance depending on the facts of a particular claim.
If a term appears in an insurance letter, medical record, settlement document, court filing, or other important document and its meaning is unclear, it is reasonable to ask what it means before making a decision. For answers to common questions, see the FAQs.
This glossary is provided for general educational purposes. Laws and regulations can change, and every legal situation is different. Nothing on this page is a substitute for legal advice about a particular situation.