Glossary of Personal Injury Terms
After an accident, it’s easy to feel overwhelmed, not just by your injuries and the stress of recovery, but also by the unfamiliar legal terms that suddenly become part of your life. When you file a personal injury claim, you’ll encounter words and phrases used by lawyers, insurance adjusters, and courts that may seem confusing at first.
At the Law Office of Taran M. Provost, PLLC, we believe every client deserves to understand what’s happening in their case. Below is a glossary of common personal injury terms explained in plain English. For personalized assistance getting compensation for your medical expenses, pain and suffering, and other harm caused by another’s negligence after an accident in Orange or Westchester County, contact our office to speak with an experienced Goshen and White Plains personal injury attorney.
Accident Report
A document prepared by law enforcement, store management, or another authority after an accident. It contains details about what happened, who was involved, and any initial findings about fault. In motor vehicle accidents, the police report is often a key piece of evidence.
Adjuster (Insurance Adjuster)
A representative of an insurance company who investigates claims and determines how much the insurer should pay. Remember, the adjuster works for the insurance company—not for you—so their goal is usually to limit the company’s payout.
Burden of Proof
In a personal injury case, the burden of proof is on the injured party (the plaintiff). You must show that the defendant was negligent and that their negligence caused your injury. In civil cases, this standard is typically “a preponderance of the evidence,” meaning it’s more likely than not that your claim is true.
Comparative Negligence
New York follows a “pure” comparative negligence rule. This means that even if you were partly at fault for your accident, you can still recover damages, even if you were more at fault than the other party. However, your compensation is reduced by your percentage of fault. For example, if you’re found 20% responsible, your award is reduced by 20%.
Contingency Fee
A payment arrangement in which your attorney only gets paid if they win your case. Their fee is a percentage of the recovery, so there are no upfront legal costs. At our firm, we handle personal injury cases on a contingency basis, so you pay nothing unless we recover compensation for you.
Damages
The money awarded to an injured person as compensation for their losses. Damages can include medical expenses, lost wages, pain and suffering, emotional distress, and other impacts of the injury. In some cases, punitive damages may also apply to punish particularly reckless behavior.
Defendant
The person, company, or entity being sued in a personal injury case. For example, in a car accident lawsuit, the defendant might be the driver who caused the crash.
Deposition
A formal interview conducted under oath during the discovery phase of a lawsuit. Attorneys from both sides can ask questions, and the testimony is recorded by a court reporter. Depositions are often used to gather detailed information before trial.
Discovery
The pre-trial phase of a lawsuit in which both sides exchange information and evidence. This process includes written questions (interrogatories), requests for documents, and depositions. Discovery allows each side to understand the facts and prepare for trial.
Liability
Legal responsibility for an accident or injury. To succeed in a personal injury claim, you must prove that another person or party was liable for causing your harm.
Negligence
The failure to use reasonable care, resulting in harm to another person. Most personal injury cases are based on negligence—for instance, a driver who runs a red light, a property owner who fails to fix a dangerous condition, or a doctor who makes a preventable medical error.
Plaintiff
The person who brings a lawsuit against another party. In a personal injury case, the plaintiff is the injured individual seeking compensation.
Pre-Existing Condition
A health condition that existed before the accident. Insurance companies sometimes try to use pre-existing conditions to deny claims, but if an accident worsened an existing injury, you are still entitled to compensation for the aggravation of that condition.
Settlement
An agreement between the injured person and the at-fault party (or their insurer) to resolve a case without going to trial. Most personal injury cases settle out of court through negotiations between attorneys.
Statute of Limitations
The deadline for filing a lawsuit. In New York, most personal injury cases must be filed within three years of the date of the accident. Missing this deadline typically means losing your right to recover compensation. Some cases, such as claims against government entities, have much shorter time limits.
Subpoena
A legal order requiring someone to provide documents or appear in court or at a deposition. Subpoenas are commonly used during the discovery process to gather important evidence.
Testimony
A statement made under oath, whether in a deposition, hearing, or trial. Testimony can come from the plaintiff, defendant, witnesses, or expert witnesses such as doctors or accident reconstruction specialists.
Tort
A civil wrong that causes harm to another person, forming the basis for a lawsuit. Personal injury law is also known as “tort law.” Negligence, intentional misconduct, and strict liability (such as in defective product cases) are all types of torts.
Wrongful Death
A type of personal injury claim brought by surviving family members when a person dies because of someone else’s negligence or intentional act. In New York, wrongful death claims seek compensation for the family’s losses, including financial support and funeral expenses.
Why Understanding These Terms Matters
When you understand the language of personal injury law, you can participate more confidently in your own case. You’ll be better prepared to communicate with your lawyer, understand insurance correspondence, and make informed decisions about settlement offers and legal strategy.
At the Law Office of Taran M. Provost, PLLC, we take pride in guiding clients through the legal process clearly and compassionately. Whether your case involves a car crash in Goshen, a slip and fall in Orange County, or a construction accident in White Plains, we’re here to make sure you understand every step.
Talk to a Local Personal Injury Lawyer Today
If you’ve been injured in an accident and have questions about your rights, your claim, or any of the legal terms you’ve encountered, don’t hesitate to ask. Our team is dedicated to helping injury victims across Goshen, Orange County, and the Hudson Valley get the compensation they deserve.
Contact the Law Office of Taran M. Provost, PLLC, today for a free consultation. We’re here to explain your options, answer your questions, and help you move forward.
