Legal terms you will hear during an injury claim, explained simply.
- Comparative fault
- A rule that reduces your recovery by your share of blame. If you were 20% at fault, you can still recover 80% of your damages.
- Contingency fee
- A fee paid only if you win, as a percentage of the recovery. No win, no fee.
- Damages
- The money you can recover for your losses, such as medical bills, lost income and pain and suffering.
- Deposition
- Sworn questions and answers recorded before trial.
- Discovery
- The part of a lawsuit where both sides exchange evidence.
- Liability
- Legal responsibility for causing harm.
- Negligence
- Failing to use reasonable care, which causes harm to someone else.
- Pain and suffering
- Money for physical pain, emotional distress and lost enjoyment of life.
- Policy limits
- The most an insurance policy will pay for a claim.
- Settlement
- An agreement to resolve a claim for money, without a trial.
- Statute of limitations
- The deadline to file a lawsuit. In California it is usually two years for injury claims.
- Subrogation
- When your health insurer asks to be paid back from your settlement.
- Uninsured motorist coverage
- Coverage on your own policy that pays when the at-fault driver has no insurance or too little.
- Verdict
- The decision a jury or judge makes at the end of a trial.
- Wrongful death
- A claim by family members when someone dies because of another person’s negligence.
See also: FAQ · California laws