Personal Injury Law Glossary: 20 Terms You Need to Know

Personal injury law has its own language. Whether you are speaking with an attorney, reading court documents, or negotiating with an insurance company, knowing these key terms will help you understand what is happening in your case.

1. Negligence The failure to exercise reasonable care, resulting in harm to another person. Most personal injury claims are based on negligence. To prove negligence, you must show duty, breach, causation, and damages.

2. Damages The monetary compensation awarded to an injured party. Damages can be economic (medical bills, lost wages) or non-economic (pain and suffering, emotional distress).

3. Statute of Limitations The legal deadline to file a lawsuit. In California, most personal injury cases must be filed within two years of the injury (CCP § 335.1). Missing this deadline can permanently bar your claim.

4. Plaintiff The person who files a personal injury lawsuit — the injured party seeking compensation.

5. Defendant The person or entity being sued — the party alleged to have caused the injury.

6. Liability Legal responsibility for an injury or accident. Establishing liability is central to every personal injury case.

7. Tort A civil wrong that causes harm to another person, for which the law provides a remedy. California recognizes both intentional torts and negligence-based torts. Personal injury cases are a category of tort law.

8. Comparative Fault Under California’s pure comparative fault system (Civil Code § 1714; Li v. Yellow Cab Co., 1975), your compensation is reduced by your percentage of fault. You can still recover damages even if you were mostly at fault — California does not bar recovery based on your share of responsibility.

9. Contingency Fee A fee arrangement where the attorney is paid a percentage of your recovery only if you win. Act Now Injury works on a contingency fee basis.

10. Deposition Sworn out-of-court testimony given before a court reporter. Depositions are a key part of the discovery process.

11. Discovery The pre-trial process where both sides exchange information, documents, and evidence. Includes depositions, interrogatories, and requests for production.

12. Settlement An agreement between the parties to resolve a case without going to trial. Most personal injury cases settle before reaching a courtroom.

13. Demand Letter A letter sent to the defendant or their insurer outlining your injuries, damages, and the compensation you are requesting.

14. Subrogation The right of an insurer to seek reimbursement from the responsible party after paying out a claim on your behalf.

15. Pain and Suffering Non-economic damages that compensate for physical pain and emotional distress caused by an injury.

16. Punitive Damages Additional damages awarded to punish a defendant for especially egregious or malicious conduct. In California, punitive damages require proof of oppression, fraud, or malice by clear and convincing evidence — a higher burden than the standard used for compensatory damages (Civil Code § 3294). Significant, but awarded in a relatively small number of cases.

17. Proximate Cause The legal cause of an injury — meaning the defendant’s conduct was a foreseeable cause of the harm, not merely a remote contributing factor. California requires both actual causation (the defendant’s conduct produced the injury) and proximate causation (the injury was a foreseeable result of that conduct) to establish liability.

18. Lien A claim against your settlement proceeds by a third party — such as a health insurer or medical provider — who paid for your injury-related treatment.

19. Mediation A voluntary, confidential process where a neutral third party helps both sides reach a settlement agreement without going to trial.

20. Arbitration A private process where an arbitrator hears both sides and issues a binding or non-binding decision. Often faster and less formal than a trial.

Legal Disclaimer: This content is provided for general informational purposes only and does not constitute legal advice. Laws may change; always consult a qualified California personal injury attorney for advice about your specific situation. Use of this website does not create an attorney-client relationship. Act Now Injury Law serves clients throughout California.