Personal Injury Glossary

If you are involved in a personal injury claim, and you have never had a claim before, you may hear some new terminology. Below are some basic terms and what they mean. If you have questions about a personal injury claim, call (925-835-7500) or write us.

Personal Injury Glossary:

• Cause of Action: A legal claim against someone else. Examples are "breach of contract," "negligence," "wrongful death."
• Claim: An argument that some other person is responsible for paying compensation to you.
• Damages: The injuries, wage loss, monetary loss, property loss, etc. that you attribute to an accident.
• Date of Loss: The date of your accident.
• Defendant: If you file a lawsuit, this is the person you are suing, who you claim is legally responsible for your damages.
• Demand Letter: A letter we prepare with you to send to the insurance company outlining your claim, your damages and any other relevant issues. The letter closes with a demand for a certain amount of money.
• Deposition: A recorded interview with a party to a lawsuit and attorneys for both sides. The interview is subject to the rules of evidence and, while it is informal, it is a very serious matter. A deposition comes only after you have filed suit.
• General Damages: Damages for which there is no bill or invoice. A great example is "pain & suffering."
• Liable/Liability: Responsibility for your damages. We want to show that the other side is liable for your injuries.
• Med-Pay: Insurance you should have as part of your auto insurance. It pays for some of your medical expenses regardless of who is at fault.
• Medical Records: Records maintained by a medical professional relating to your treatment.
• Medical Specials: The total medical bills you are claiming.
• Negligence: A legal theory against a defendant. It basically means that the other party was not reasonably careful and hurt you.
• Party: One of the people who is part of a lawsuit (a Plaintiff or a Defendant)
• Personal Injury: An injury to ones body; a physical or mental injury (as opposed to property damage).
• Plaintiff: The person starting a lawsuit (you).
• Special Damages: Damages that can be counted by using bills or invoices.
• Statute of Limitations: A law limiting the amount of time you have to either settle your claims or file a lawsuit.
• Uninsured Motorist Coverage: Insurance you should have – it protects you in the case that you are injured someone with no insurance.
• Underinsured Motorist Coverage: Insurance that protects you in case the person who hit you has insurance, but not enough to cover your losses.
• UM/UIM: Uninsured/underinsured motorist coverage.
• Wage Loss Claim: Any earnings you did not receive because of a personal injury claim. These must be documented and cannot be "speculative."

Pete Clancy is an Oakland personal injury lawyer. He was named a 2010 and 2011 Rising Star by Super Lawyers Magazine and is a member of The Million Dollar Advocates Forum. He can be reached at 925-835-7500.