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Glossary

Personal Injury Terms, in Plain English

Injury law has its own vocabulary, and insurers count on you not knowing it. These plain-language definitions explain the words you will hear from adjusters and attorneys, each linked to the page where it matters most.

C

Comparative fault

A rule that reduces your compensation by your share of the blame for an accident. Most states let you recover even if you were partly at fault, while a few bar recovery entirely.

California laws

Contingency fee

A fee arrangement where the attorney is paid a percentage of what they recover for you, and nothing if there is no recovery. It is how most injury lawyers work.

How fees work
D

Damages

The money you can recover for your losses. Economic damages cover bills and lost income, and non-economic damages cover pain and suffering.

Settlement calculator

Dram shop law

A law that can hold a bar or restaurant responsible for serving a visibly drunk driver who then causes a crash.

Drunk driving claims

Demand letter

A formal letter your attorney sends the insurer that lays out your injuries, your losses, and the amount you are seeking to settle.

How claims work
L

Liability

Legal responsibility for an accident and the harm it caused. Establishing liability is the core of most injury claims.

Do I have a case?
M

Maximum medical improvement

The point where your condition has stabilized and further treatment will not significantly improve it. Settling after this point helps capture the full cost of your injury.

Case value

Multiplier method

A common way to estimate pain and suffering by multiplying your economic damages by a number, usually between 1.5 and 5, based on severity.

Settlement calculator
N

Negligence

Failing to act with reasonable care, which causes harm to someone else. Proving negligence is the foundation of most personal injury claims.

Do I have a case?

Negligence per se

When breaking a safety law, like driving drunk, is treated as automatic proof of negligence.

Drunk driving
P

Pain and suffering

Compensation for the physical pain and emotional distress caused by an injury, as opposed to measurable costs like bills.

Case value

Punitive damages

Extra damages meant to punish especially reckless conduct, awarded only in rare cases that meet a high standard.

Drunk driving
S

Statute of limitations

The legal deadline to file a claim. Miss it and you can lose the right to recover, so it is important to know yours early.

Deadlines by state

Subrogation

The right of a health insurer or other payer to be repaid from your settlement for costs they covered.

Settlement calculator

Settlement

An agreement to resolve a claim for a sum of money without going to trial. Most injury cases settle.

Case value
T

Tort

A wrongful act that causes harm and gives the injured person the right to sue. Personal injury is a type of tort claim.

Practice areas

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