Glossary
Here is an expanded glossary of standard terms involving motor vehicle accidents and the personal injury claims process:
A
The process of analyzing physical evidence to determine how a motor vehicle accident occurred.
The value of damaged property, often used for property damage claims.
When the opposing party’s attorney questions a plaintiff’s witnesses during a deposition.
Circumstances or actions that worsen the severity of an injury, such as pre-existing conditions.
An evaluation by a neutral medical professional to assess an injured party’s medical condition and determine appropriate treatment.
A method of dispute resolution in which a neutral third party reviews evidence and makes a binding decision.
A system that provides compensation for personal injury claims when the at-fault driver is uninsured or cannot be identified.
The driver responsible for causing the motor vehicle accident.
B
A claim that the insurance company has not acted in good faith in handling a personal injury claim.
A device installed in some vehicles that records data related to the operation of the vehicle before and during an accident.
A claim for injuries sustained in a motor vehicle accident, often filed against the at-fault driver’s insurance.
The part of an insurance policy that pays for medical expenses and other costs related to injuries caused by the at-fault driver.
The portion of an insurance policy that covers the medical expenses and other costs related to injuries caused by the at-fault driver.
C
The process of assessing the potential value of a personal injury claim before proceeding with legal action.
Documentation required by some states to prove financial responsibility for damages in the event of an accident.
The individual who files a personal injury claim seeking compensation for damages.
A legal doctrine that determines the amount of compensation based on the percentage of fault assigned to each party involved in an accident.
A legal doctrine that assigns a percentage of fault to each party involved in an accident, affecting the amount of compensation awarded.
Financial compensation awarded to cover actual losses, including medical expenses, lost wages, and pain and suffering.
An arrangement where the attorney’s fees are contingent on winning the case, often a percentage of the compensation awarded.
A legal doctrine that may prevent a plaintiff from recovering any compensation if they were partially at fault for the accident.
The questioning of a witness by the opposing party’s attorney during a trial.
D
Financial compensation awarded to a plaintiff to cover their losses, including economic and non-economic damages.
The party being sued in a personal injury claim, often the at-fault driver.
A set of safe driving practices and techniques aimed at avoiding accidents.
A formal letter from the plaintiff’s attorney to the at-fault driver or their insurance company outlining the plaintiff’s claim and requested compensation.
A sworn, out-of-court statement given by a witness or party involved in the case, often conducted by attorneys.
When an attorney questions their own witness during a trial.
Any activity that diverts a driver’s attention from the road, often leading to accidents.
The legal obligation to exercise reasonable care and caution to prevent harm to others while operating a motor vehicle.
E
Financial losses that are quantifiable, including medical bills, lost wages, and property damage.
Psychological trauma or mental suffering experienced due to an accident, potentially leading to a claim for non-economic damages.
Coverage that extends beyond the limits of a primary insurance policy to provide additional compensation.
A professional with specialized knowledge, often hired to provide expert opinions during a trial.
F
Responsibility or blame for causing a motor vehicle accident.
State laws that require drivers to prove their ability to cover damages in the event of an accident.
G
Coverage that pays the difference between the actual cash value of a vehicle and the amount owed on a lease or loan, often relevant in total loss claims.
H
Information or statements not based on the direct knowledge of the witness, often inadmissible as evidence in court.
An accident in which one party leaves the scene without identifying themselves or providing aid.
I
An examination conducted by a medical professional not associated with either party to assess the plaintiff’s injuries.
The individual who sustained injuries or damages in a motor vehicle accident.
The legal requirement for the severity of injuries needed to file a personal injury claim, which varies by state.
Written questions and requests for information exchanged between parties during the discovery process.
L
A legal dispute between parties that is resolved in court through a trial.
Coverage that pays for damages and injuries caused by the at-fault driver in a motor vehicle accident.
A claim made by the spouse of an injured party for the loss of companionship and support due to the injury.
M
A form of alternative dispute resolution in which a neutral third party helps parties reach a settlement agreement.
Documentation of the plaintiff’s medical treatment, often used as evidence in a personal injury claim.
The duty of the injured party to take reasonable steps to minimize the impact of their injuries, including seeking medical treatment.
N
A failure to exercise reasonable care, leading to injury or damage.
A system in which an injured party’s own insurance company covers their medical expenses, regardless of fault.
Blind spots around a commercial truck that are not visible to the truck driver in their mirrors.
O
Laws that require the use of seatbelts and child safety seats, often affecting personal injury claims.
P
Non-economic damages awarded for physical and emotional pain experienced due to an accident.
An agreement in which the plaintiff accepts compensation for some but not all of their claims.
A lawyer specializing in representing individuals seeking compensation for injuries and damages.
Insurance coverage that pays for medical expenses and lost wages, regardless of fault, in no-fault states.
The individual who initiates a lawsuit, seeking compensation for injuries and damages.
A medical condition that existed before the motor vehicle accident, potentially affecting the value of a claim.
The standard of proof in civil cases, requiring the plaintiff to show that it is more likely than not that the defendant is responsible for the injuries.
A claim for the repair or replacement of damaged property, often filed against the at-fault driver’s insurance.
A legal doctrine that allows an injured party to recover compensation even if they are primarily at fault, but the award is reduced by their percentage of fault.
R
Medical services, therapy, and support to help the injured party recover and regain function.
S
An agreement reached between parties to resolve a personal injury claim without going to trial.
The legal deadline for filing a personal injury claim, which varies by state.
The maximum amount of compensation that can be awarded for certain types of damages in personal injury claims, set by law.
A legal document that requires a witness to appear in court or produce evidence.
The process by which an insurance company seeks reimbursement for the compensation it provided from a responsible third party, often relevant in personal injury claims.
T
A claim against someone other than the at-fault driver, such as a manufacturer or governmental entity.
The liability of a party other than the at-fault driver, such as a manufacturer or governmental entity.
A civil wrong or harm that results in a legal liability.
The party responsible for causing harm or injury to another, often the at-fault driver.
U
A driver who operates a vehicle without the legally required insurance coverage.
Insurance coverage that compensates the injured party when the at-fault driver is uninsured or cannot be identified.
V
A criminal charge related to causing a death in a motor vehicle accident, often leading to a wrongful death claim.
Legal responsibility of one party for the actions of another, such as an employer for their employee’s actions.
W
A legal action filed on behalf of the survivors of a deceased individual to seek compensation for their loss.
This glossary should help you better understand the terminology related to motor vehicle accidents and the personal injury claims process. Keep in mind that legal terms and regulations may vary by jurisdiction, so it’s advisable to consult with a legal professional for specific guidance.