What Does It Mean? Key Personal Injury Legal Terms Explained
By Ross Cellino
After an accident, you may be able to receive money for your injuries. However, getting that money usually requires filing a personal injury claim. As your case moves forward, you may see personal injury legal terms that are new or hard to understand.
Insurance papers, medical records, and court documents often use language that is not used in everyday conversation. To help you feel more confident about your claim, we created this glossary of common personal injury terms. Understanding these definitions can make the process clearer and easier to follow.
If you have questions about your case or want help with your next steps, the team at Cellino Law is here to help. We offer free case evaluations, and you pay no fee unless we win. Contact us today to discuss your situation.
Key Takeaways on Personal Injury Legal Terms
- Personal injury cases involve important personal injury legal terms. Understanding words like negligence, liability, damages, and statute of limitations can help you better follow your case and know what to expect.
- Most personal injury claims are resolved without going to trial. Terms like settlement, demand letter, discovery, and deposition are part of the process that often leads to an agreement with the insurance company.
- Deadlines and legal rules matter. The statute of limitations sets a strict time limit for filing a lawsuit, and rules like comparative negligence can affect how much compensation you receive.
Key Personal Injury Legal Terms Explained
When you move forward with a personal injury claim, you’ll likely see a handful of legal terms you may not have heard before. Learning what these words mean can help you understand your rights, talk with others about your case, and feel more comfortable during each step.
Whether you are speaking with your personal injury attorney or the insurance company, knowing these personal injury terms helps you stay informed and involved.
Burden of Proof
The burden of proof is the responsibility to show that your claim is true. In most personal injury cases, the injured person (the plaintiff) must prove that the defendant caused the injury.
Most cases must be proven by a “preponderance of the evidence.” This means it is more likely true than not true.
Comparative Negligence
Comparative negligence is a rule that lowers your compensation if you are partly at fault for the accident. Fault is given as a percentage to each person involved.
For example, if you are 25% at fault and your damages are $100,000, your payment would be reduced by that percentage.
Contingency Fee
A common question we hear is “what is a contingency fee agreement”? A contingency fee arrangement is an agreement in which the personal injury attorney is paid only if the case results in a financial recovery for the plaintiff.
Under this arrangement, the attorney receives a percentage of the total recovery, typically 33.3%, and there is no attorney fee if compensation is not recovered.
Damages
Damages are the money awarded to an injured person. They are meant to cover losses caused by the defendant.
Damages usually include:
- Economic damages, such as medical bills and lost wages.
- Non-economic damages, such as pain and suffering.
In rare cases, punitive damages may also be awarded.
Demand Letter
Demand letters are formal written requests sent by your attorney to an insurance company outlining the facts of the case, the injuries sustained, and the amount of compensation being sought.
Demand letters are often used to begin settlement negotiations and may include supporting documentation such as medical records and proof of losses.
Deposition
When you’re deposed, you’re asked to give a sworn testimony outside of court during the discovery phase of a lawsuit. Depositions are recorded by a court reporter and allow attorneys to ask questions of parties and witnesses.
Depositions are commonly used to gather information, evaluate testimony, and preserve statements for potential use at trial.
Discovery
The discovery phase of the legal process in which both sides exchange information and evidence before trial. Discovery allows each party to review documents and gather facts relevant to the case.
Common discovery tools include interrogatories, document requests, and depositions.
Independent Medical Examination (IME)
What is an IME? An IME is a medical exam requested by the insurance company. The doctor is chosen by the insurance company, not by you.
The purpose is to review your injuries and give an opinion about your condition.
Lien
A lien is a legal claim against a settlement or recovery for repayment of medical bills or other expenses related to the injury. Certain healthcare providers or insurers may assert a lien to recover amounts they paid on behalf of the injured person.
Liens are typically addressed before settlement funds are distributed.
Liability
What is liability in a personal injury case? It’s defined as a legal responsibility for the consequences of one’s actions. In a personal injury case, liability must be established before a defendant can be required to pay compensation.
Once liability is proven, the defendant may be financially responsible for the plaintiff’s damages, subject to applicable fault rules such as comparative negligence.
Settlement
A settlement is an agreement between the plaintiff and the defendant’s insurance company to resolve a case without proceeding to trial. Most personal injury claims are resolved through settlement.
In exchange for compensation, the plaintiff typically signs a release that ends the claim.
Subrogation
Subrogation is the legal process that allows the plaintiff’s insurance company to seek reimbursement from a settlement for benefits it previously paid on behalf of the injured person.
Subrogation most commonly arises with health insurance providers or other benefit carriers.
Statute of Limitations
The statute of limitations is the legal deadline for filing a lawsuit after an injury occurs. Each state establishes its own time limits depending on the type of claim. What is the statute of limitations in New York? The statute of limitations for personal injury cases is 3 years from the date of the accident.
If a lawsuit is not filed within the statute of limitations, the injured person may lose the right to pursue compensation.
Contact The Personal Injury Attorneys At Cellino Law For Help
If you have been injured in an accident, the team at Cellino Law is here to help. We are ready to answer your questions, explain your options, break down complex personal injury legal terms, and guide you through every step of your personal injury claim. Our goal is to make the process as clear and straightforward as possible so you can focus on your recovery.
We offer free case evaluations, and there is no fee unless we win. Contact Cellino Law today to schedule your consultation and learn how we can help you move forward with confidence.
Content checked by the personal injury attorney Ross Cellino
Ross Cellino
As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.
