Personal Injury Legal Terms Defined

Suffering an injury due to someone else’s negligence can be a stressful and confusing experience. Understanding the legal terminology involved in a personal injury case is essential to making informed decisions about your claim.

At Mattiacci Law, our team has decades of experience successfully handling personal injury cases, ensuring that clients receive the compensation they deserve. This glossary of personal injury legal terms is designed to clarify the legal concepts that may arise in your case.

Below, you’ll find a comprehensive list of definitions that will help you better understand the legal process and your rights.

Personal Injury and Accident Lawsuit Legal Definitions

Affidavit – A formal written statement declared under oath.

Arbitration – A non–judicial legal procedure that happens outside of the courts where parties dispute in front of a neutral arbitrator.

Assumption of Risk – A legal doctrine stating that a person who voluntarily engages in an activity with known risks may not be able to hold another party liable for injuries resulting from that activity.

Attorney Client Privilege –Communications between an attorney and client that are confidential.

Catastrophic Injury – A severe injury that results in permanent disability, significant impairment, or long-term medical needs, such as traumatic brain injuries or spinal cord damage.

Claimant – An individual who files a claim for compensation after suffering an injury due to another party’s negligence.

Complaint – A legal document filed in court that initiates a civil lawsuit. The complaint states the plaintiffs’ allegations against the defendant and their prayers for relief.

Compensatory Damages – Financial compensation awarded to a plaintiff to cover actual losses, including medical expenses, lost wages, and pain and suffering.

Contingency Fee – Rather than an hourly or fixed fee, a contingency fee is paid to an attorney when an attorney is successful in making a recovery on behalf of his client. The lawyer receives a percentage of the verdict or settlement amount. If the lawyer is unsuccessful in making any recovery for the client, there is no fee charged to the client.

Damages – Monetary compensation awarded to an injured party in a personal injury case to cover losses, including economic and non-economic damages.

Decubitis Ulcer – Areas of damaged skin and tissue that result when continual pressure stifles circulation to an area of the body. The lack of circulation to the area causes the tissue to die. Most bed sores occur when a person is bed–ridden or unable to frequently switch body positions. Also referred to as bed sores or pressure sores.

Defendant – The party that a lawsuit is brought against.

Deposition – Oral testimony taken under oath in which one party presents questions to the other party or relevant witnesses.

Discovery – The investigation that takes place before a lawsuit goes to trial. During this period, parties gather facts and information about the other party to build their case. Discovery can be written, in the form of interrogatories or request for production, or oral, which is typically in the form of a deposition.

Docket – The calendar of actions to be heard by a court in a certain period of time.

Duty of Care – The legal obligation of a person or entity to exercise reasonable care to prevent harm to others.

Elopement / Wandering – A nursing home resident’s ability to leave a facility unsupervised.

Evidence – Information to support or prove a case.

Expert Witness – A witness who lends their expertise in a given field to testimony in support of a party’s case.

Fall Risk Assessment – The assessment performed by nursing home staff to determine a nursing home resident’s risk for falling.

The Federal Nursing Home Reform Act/OBRA – Established the national set of standards of care and regulations which nursing homes must follow in caring for and respecting the rights of nursing home residents.

Federal Tort Claims Act – If the negligent behavior of a federal employee causes another person physical injury, loss of life or property damage, the victim has the right to seek compensation from the government under the Federal Tort Claims Act of 1946.

Interrogatory – The exchange of written questions between parties of a lawsuit used to uncover important information. A form of written discovery.

Jones Act – The Jones Act is a law enacted by Congress that provides protection to persons who are members of the crew of a ship or vessel.

Lawsuit – A legal proceeding between two parties in a court of law.

Liability Insurance –Insurance coverage held by a policy holder or defendant which will provide compensation to a party who is injured or whose property is damaged as a result of the negligence of the policy holder.

Loss of Consortium – Compensation awarded to a spouse or family member for the loss of companionship, affection, or support due to the victim’s injury.

Medical malpractice – The delivery of care by a healthcare provider that is negligent or does not meet the established standard of care and results in patient’s injury or death.

Motion – A request by one party for a judge’s ruling on an issue on which parties cannot come to an agreement that is made orally or in writing at any point during a lawsuit.

Negligence Per Se – A legal principle that presumes negligence if a defendant violates a law designed to protect public safety and that violation causes injury.

Personal injury – Injury to one’s body, mind, reputation or emotions, not property.

Plaintiff – The party that initiates a lawsuit against the defendant.

Power of Attorney – A document that gives someone legal authority to act on another person’s behalf.

Product Liability – Product liability is the area of personal injury law that focuses on dangerous and defective products. Manufacturers are held legally responsible for any damages or injuries caused by their defective products.

Punitive Damages – Additional financial compensation awarded in personal injury cases to punish the defendant for egregious misconduct or reckless behavior.

Sepsis – A bacterial blood infection, also referred to as septicemia.

Settlement Mediation – A dispute resolution method designed to help parties reach a settlement to avoid going to court. During mediation, a neutral third party mediator meets with both parties to help them reach a mutually satisfactory solution.

Statute of Limitations – The time limit in which a plaintiff must file a lawsuit.

Strict Liability – A legal doctrine holding a defendant liable for damages regardless of intent or negligence, often applied in product liability and hazardous activity cases.

Subrogation – The legal right of an insurance company to pursue a third party for reimbursement after paying an insured party’s claim.

Summary Judgment – The judge’s decision that resolves a lawsuit in favor of one of the parties as a matter of law before a full trial. Usually one party moves for summary judgment when it appears there are no material facts in dispute between the parties and one party is entitled to judgment as a matter of law.

Summons – A legal document prepared by the plaintiff and issued by a court that informs the defendant that they have been sued.

Testimony – Evidence given by a witness under oath during a deposition or trial.

Third-Party Claim – A legal action brought against an entity other than an employer or direct party involved in an accident, such as a property owner or manufacturer.

Tort –Negligent or wrongful conduct by one person that causes an injury to another for which an action for damages may be brought.

Traumatic Brain Injury (TBI) – A serious head injury caused by blunt force trauma or violent movement that disrupts brain function, often leading to long-term impairment.

Witness – A person who testifies under oath during legal proceedings including depositions, offering their first hand experiences or expert opinion.

Workers’ Compensation – Compensation for an injury obtained while performing one’s job.

Wrongful death – A wrongful death is a death that has been caused by the negligence of another person. Wrongful death lawsuits are usually filed by a decendent’s family or beneficiaries.

Contact Mattiacci Law for Expert Legal Guidance

Have you suffered a personal injury due to someone else’s negligence? Mattiacci Law is committed to securing the justice and compensation you deserve. Don’t settle for less—contact us now for a free consultation and let our experienced team aggressively pursue your maximum compensation. Your recovery is our priority.

Call (215) 914-6919 or Schedule Your Free Consultation Online