Key Terms to Know for Personal Injury Claims: A Complete Glossary

A personal injury can turn your life upside down, and navigating a claim can be a complicated process. Lose the confusion with this handy glossary of key terms you’re likely to hear as you work to secure fair compensation for your claim.

When you’re facing a personal injury claim, being informed means being empowered. You don’t need to manage the legal fight alone, but lawyers and insurance companies will likely throw legal jargon left and right – things can get confusing quickly. 

What makes up a personal injury claim?

We’ve compiled this glossary not just to define the common terms, but to explain them in plain and simple language – you shouldn’t have to be a legal expert to understand your case. We want you to feel confident and ready to discuss your case with your legal team, understand the nuances of each stage, and actively participate in the process.

Your recovery – both physically and financially – will be easier to manage with the right information at your fingertips. Bookmark this terminology page for quick reference, and read on to learn more. 

A – B

• Accident Report: This is a formal record of your incident, often created by police or other authorities on-site. It’s becomes a key piece of evidence in your personal injury claim, documenting the details of exactly what happened.
  
• Adjuster: This is the insurance company’s representative who investigates your claim. They might offer you a settlement, but they work for the insurance company, not for you. It’s always wise to speak with a lawyer before agreeing to any settlement offer.
  
• Answer: If you file a lawsuit, the defendant has to respond in writing. This response is called the “Answer,” and it addresses your claims and lists any defenses they might have.
  
• Appeal: If you disagree with a court’s decision, you can ask a higher level court to review the case. This is called an “appeal,” but it’s a complicated process with strict deadlines.
  
• Arbitration: Instead of going to court, you and the other party might agree to resolve your dispute through arbitration. A neutral third party, called the arbitrator, hears both sides and makes a decision.
  
• Assignment of Benefits: Sometimes, you might agree to let someone else receive your insurance benefits directly – for example, your doctor or a healthcare provider. This is called an “assignment of benefits.”
  
• Assumption of Risk: This is a legal defense the defendant might use, claiming you knew about and accepted the risks of a particular activity. Proving this can be difficult, and the specific circumstances are very important.
  
• Attorney: A lawyer. Choosing the right attorney to represent you is one of the most important decisions you’ll make. At The Morris Law Group, we offer free initial consultations to discuss how we can help!
  
• Bad Faith: Insurance companies have to act fairly when handling claims. If they deny a valid insurance claim without a good reason or act unreasonably, this can be considered “bad faith,” and you might be able to take further legal action.
  
• Benefit: This refers to the payments or services you’re entitled to receive under your insurance policy or other programs. Understanding the full scope of your benefits is crucial.
  
• Bodily Injury: This simply means physical harm to your body. It’s the central element of most personal injury claims.
  
• Burden of Proof: In a legal case, one side has the responsibility to prove their claims. This is called the “burden of proof.” In most personal injury cases, it’s up to the person who was injured to prove that the other party was at fault.

C – D

• Contingency Fee: This is a common way lawyers get paid in personal injury cases. Instead of paying an hourly rate, you agree that your lawyer gets a percentage of any money you recover in your case. This means you typically don’t pay any legal fees upfront, and the injury lawyer only gets paid if you win or reach a settlement. At The Morris Law Group, we work on a contingency fee basis, so you don’t owe anything unless your representation recover compensation for you.
• Damages: If you’ve been injured, you might be entitled to financial compensation for your losses. These are called “damages,” and they’re meant to cover things like your medical bills, lost income earned from being unable to work, pain and suffering, emotional distress, and other personal injury costs.
• Defendant: In a lawsuit, the person or company you’re suing is called the “defendant.” They’re the ones being accused of causing your injury.
• Discovery: Before a trial, both sides in a lawsuit have to share information and evidence with each other. This is called “discovery,” and it’s a very important part of the legal process. It helps both sides prepare for trial and can lead to settlements.
• Duty of Care: In the simplest terms, this means everyone has a legal responsibility to act reasonably and avoid harming others. For example, drivers have a duty of care to follow the rules of the road to avoid causing accidents. Proving that someone had a legal duty of care and breached that duty is a key part of a negligence claim.

E – I

• Expert Witness: Sometimes, a personal injury case involves complex issues that are hard for a judge or jury to understand, like medical conditions or accident reconstruction. In these situations, a specialist—someone with special knowledge or training—can testify in court. These specialists are called “expert witnesses,” because they can explain complicated topics in a way that makes sense to everyone. For example, a doctor might be an expert witness in a case involving a complicated injury.
• Intentional Misconduct: This means someone deliberately tried to hurt you. It’s different from negligence, which is usually about carelessness or a lack of reasonable care. If someone intentionally harms you, it’s more than just an accident; it’s an intentional act, and the legal consequences can be different.

J – N

• Judgment: This is the official, final decision of the court after a trial or hearing. It states who won the case and what the consequences are, such as how much money the defendant has to pay. Think of it as the court’s final word.
  
• Liability: This means being legally responsible for something, especially for causing harm to someone else. In a personal injury case, you have to prove that the defendant was liable for your accident injuries – that they were the ones who caused the accident or incident.
  
• Negligence: This is a very common legal concept in personal injury cases. It basically means that someone was careless, and that carelessness resulted in your injury. To prove negligence, you have to show that the person had a duty to be careful, that they weren’t careful, and that their lack of care caused your harm. It’s not about intentionally hurting someone but about failing to act responsibly.

P – S

• Preponderance of Evidence: In most civil lawsuits, including personal injury cases, you have to prove your case by a “preponderance of the evidence.” This means it’s more likely than not that what you’re claiming is true. It’s a relatively lower standard than “beyond a reasonable doubt,” which is used in criminal cases. Think of it as weighing the evidence and showing that your version of events is more probable.
• Settlement: Often, the parties in a lawsuit will reach an agreement to resolve the case without having a trial. This is called a “settlement.” Settlements can save time and money for everyone involved. Many personal injury cases are resolved through settlements.
• Statute of Limitations: There are always deadlines for filing a lawsuit. These deadlines are set by law and are called “statutes of limitations.” If you wait too long to file your lawsuit claim, you might lose your right to sue altogether. The time limits vary depending on the type of case. In Ontario, there are different limitation periods for different types of claims, so it’s very important to talk to a lawyer as soon as possible after an injury.
• Strict Liability: In some specific situations, you can be held responsible for causing harm even if you weren’t negligent. This is called “strict liability.” A common example is product liability cases, where a company can be held liable for injuries caused by a defective product, whether they were careless in designing and manufacturing it or not.

Other Important Terms

• Act of God: An event caused by natural forces that are beyond human control, such as a hurricane or earthquake. This can sometimes be a defense in negligence cases, but it’s rarely successful.
• Benefit: Payments or services provided by an insurance policy or other program. Understanding what benefits you are entitled to is essential.
• No-Fault Insurance: A system where your insurance company pays for your medical  care expenses and other benefits, regardless of who caused the accident. In Ontario, we have a no-fault insurance system for car accidents.

The Morris Law Group—Personal Injury Compensation Hamilton

The aftermath of a personal injury can be overwhelming, but understanding the legal terminology doesn’t have to be. Use this glossary as a valuable resource to help you understand the process and communicate effectively with your legal team, insurance company, and more.  

At The Morris Law Group, we understand all too well the challenges that come after a car accident. We’re ready to help you navigate personal injury claims and secure the compensation you deserve. We’re here to listen to your story and help you get back on the road to recovery

Request a free consultation or call us at 905-526-8080 to learn more and speak with a personal injury lawyer.