Glossary of Personal Injury Terms
Personal injury law involves specialized terminology that can be confusing for people who are already dealing with the physical, emotional, and financial stress of an accident. Insurance policies, medical records, and legal documents are often filled with unfamiliar words and phrases that can make it difficult to understand your rights or the status of your claim.
This glossary explains many of the most common personal injury terms you may encounter after an accident in New York. Understanding these concepts can help you make informed decisions and better navigate the legal process. If you have been hurt by the negligence of another in Orange County or the mid-Hudson Valley, contact Dupée & Monroe, P.C., to speak with an experienced and dedicated Goshen personal injury attorney. We’ll talk to you in plain language and save the legal terminology for the insurance companies and the courts.
Accident Report
An accident report is an official document created by law enforcement or another authorized agency following an incident such as a car crash, slip and fall, or workplace injury. In motor vehicle cases, the police accident report often includes information about the parties involved, witness statements, roadway conditions, and any citations issued. Some accident reports provide preliminary determinations of fault as well as an objective description of the facts. Accident reports frequently serve as key evidence in personal injury claims.
Assumption of Risk
Assumption of risk is a legal defense that argues an injured person knowingly and voluntarily exposed themselves to a dangerous activity. In New York, this defense most commonly arises in sports and recreational injury cases. Its application is limited, and it does not excuse another party’s reckless or negligent conduct that goes beyond the inherent risks of an activity.
Burden of Proof
The burden of proof refers to the obligation to prove the elements of a legal claim. In personal injury cases, the injured party generally has the burden of proving that another party was negligent and that this negligence caused their injuries. The standard of proof is typically a “preponderance of the evidence,” meaning it is more likely than not that the claim is true.
Causation
Causation is the legal requirement that connects an accident to an injury. An injured person must show that the defendant’s actions were both the actual cause and the legal cause of their injuries. Insurance companies often dispute causation by arguing that injuries were preexisting or unrelated to the accident.
Claim
A claim is a formal request for compensation made to an insurance company or opposing party following an injury. A personal injury claim may seek payment for medical expenses, lost income, property damage, and other losses. Filing a claim does not necessarily mean a lawsuit has been started.
Comparative Negligence
Comparative negligence is a rule that reduces an injured person’s compensation by their percentage of fault. New York follows a pure comparative negligence system, meaning an injured party can still recover damages even if they are mostly at fault, although their recovery will be reduced accordingly.
Damages
Damages are the monetary compensation sought or awarded in a personal injury case. They are generally divided into economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering. In rare cases involving extreme misconduct, punitive damages may also be available.
Defendant
The defendant is the individual, business, or entity being accused of causing the injury. In personal injury cases, defendants often include negligent drivers, property owners, employers, contractors, manufacturers, or municipalities.
Deposition
A deposition is sworn testimony taken outside of court as part of the discovery process. During a deposition, attorneys question parties or witnesses under oath, and a court reporter creates a transcript. Depositions are often used to evaluate credibility and preserve testimony for trial.
Discovery
Discovery is the pretrial phase in which both sides exchange information and evidence. This process may include document requests, written questions known as interrogatories, depositions, and expert disclosures. Discovery plays a critical role in evaluating the strengths and weaknesses of a case.
Duty of Care
Duty of care refers to the legal obligation to act reasonably and avoid causing harm to others. The specific duty owed depends on the relationship between the parties, such as a driver’s duty to operate a vehicle safely or a property owner’s duty to maintain safe premises.
Economic Damages
Economic damages compensate an injured person for measurable financial losses. These may include medical expenses, rehabilitation costs, lost wages, loss of future earning capacity, and out-of-pocket expenses related to the injury.
Expert Witness
An expert witness is a professional with specialized knowledge who provides opinion testimony in a personal injury case. Common experts include medical doctors, accident reconstructionists, vocational experts, and economists. Their testimony often helps explain complex issues to a judge or jury.
Fault
Fault refers to legal responsibility for causing an accident or injury. Establishing fault typically involves proving negligence, recklessness, or intentional misconduct. In some cases, fault may be shared among multiple parties.
Insurance Adjuster
An insurance adjuster is a representative of an insurance company who investigates claims and determines whether and how much the insurer will pay. Adjusters are trained to minimize payouts and do not represent the injured person’s interests.
Liability
Liability is legal responsibility for damages resulting from an accident. A party found liable may be required to compensate the injured person for their losses. Liability can arise from negligence, statutory violations, or strict liability doctrines.
Lien
A lien is a legal claim against a settlement or judgment. In personal injury cases, health insurers, government benefit programs, or medical providers may assert liens seeking reimbursement for treatment they paid for.
Negligence
Negligence is the failure to exercise reasonable care under the circumstances. Most personal injury cases are based on negligence, which requires proof of duty, breach, causation, and damages.
No-Fault Insurance
No-fault insurance, also known as Personal Injury Protection (PIP), provides payment for basic economic losses regardless of fault in New York auto accidents. No-fault benefits are limited and do not include compensation for pain and suffering.
Pain and Suffering
Pain and suffering refers to non-economic damages that compensate for physical pain, emotional distress, and loss of enjoyment of life resulting from an injury. These damages are often a significant component of serious injury claims.
Premises Liability
Premises liability is an area of personal injury law involving injuries caused by dangerous property conditions. Slip and fall accidents are among the most common premises liability claims.
Settlement
A settlement is an agreement resolving a personal injury claim without going to trial. Settlements typically involve payment in exchange for a release of liability.
Statute of Limitations
The statute of limitations is the legal deadline for filing a lawsuit. In New York, most personal injury claims must be filed within three years, though shorter deadlines apply in cases involving municipalities.
Third-Party Claim
A third-party claim is a lawsuit brought against someone other than an employer in a workplace injury case. These claims allow injured workers to seek damages beyond workers’ compensation benefits.
Verdict
A verdict is the decision reached by a judge or jury at the conclusion of a trial. The verdict determines liability and, if applicable, the amount of damages awarded.
How Dupée & Monroe, P.C. Can Help You With Your Personal Injury Claim
Understanding legal terminology is only one part of protecting your rights after an accident. At Dupée & Monroe, P.C., we represent injury victims throughout Goshen, Orange County, and the Hudson Valley who have been injured in a motor vehicle crash, construction accident, slip and fall, and many other situations. Our attorneys take the time to explain the process, answer questions, and advocate for full and fair compensation.
If you have been injured and feel overwhelmed by insurance language or legal paperwork, contact Dupée & Monroe, P.C. today for a free consultation. We are here to help you move forward with a clear understanding and confidence that you have chosen the right legal team to help you.
