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 (510-251-8868) or write us.
Personal InjuryGlossary:
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 510-251-8868.