Official write-up by police or other authorities describing an incident. It often includes who was involved, witness info, diagrams, and preliminary fault assessments.

Negligence that meets all required legal elements (duty, breach, causation, and damages) and can support a lawsuit.

Insurance employee (or contractor) who investigates claims and proposes settlement values. They work for the insurer—not for you.

The amount of money damages requested in a complaint or pleading.

A written statement sworn under oath or affirmed to be true, often used to support motions or establish facts.

Private dispute process where a neutral arbitrator hears evidence and issues a decision. It can be binding or non-binding, and is typically faster than a court trial.

A defense claiming the injured person knowingly accepted a specific danger, which can reduce or bar recovery depending on state law.

When an insurer unfairly delays, underpays, or denies a valid claim, or fails to reasonably settle within policy limits when liability is clear.

The level of evidence a party must present to win. In most civil cases it’s “preponderance of the evidence” (more likely than not).

The link between the defendant’s conduct and the plaintiff’s injuries. Includes actual cause (“but for”) and proximate cause (legal cause close enough to impose liability).

Expert attestation required in some states before filing certain professional negligence suits (e.g., medical malpractice) to certify the claim has merit.

A demand for compensation made to an insurer or at-fault party for losses caused by an incident.

A rule that reduces damages by the plaintiff’s percentage of fault. In some states, recovery is barred above certain thresholds (e.g., 50% or 51%).

The document that starts a lawsuit and lays out the factual allegations and legal claims against the defendant(s).

An arrangement where the attorney is paid a percentage of the recovery. If there’s no recovery, there is no fee.

In many states, payments from other sources (like health insurance) cannot reduce the defendant’s liability or be shown to the jury, subject to state-specific exceptions.

Money awarded for losses caused by the defendant’s conduct. Categories commonly include:

• Economic: Medical bills, lost wages, future care, and other out-of-pocket costs.
• Non-Economic: Pain, suffering, loss of life’s pleasures, disfigurement.
• Punitive: To punish and deter extreme or reckless misconduct (available only in limited circumstances).

A detailed settlement request that summarizes liability, injuries, medical treatment, and damages, and proposes a monetary amount to resolve the claim.

Sworn, recorded testimony taken before trial. Lawyers ask questions; a court reporter transcribes the answers for later use in court.

Formal evidence-gathering before trial, including interrogatories, requests for documents, depositions, and medical or site inspections.

Claims against bars, restaurants, or servers for serving visibly intoxicated or underage patrons who later cause harm (e.g., drunk-driving crashes). Standards vary by state.

A legal obligation to act as a reasonably prudent person would under similar circumstances to avoid harming others.

Vehicle “black box” that records crash data such as speed, braking, throttle, and seatbelt use; often preserved and analyzed in serious collisions.

A qualified specialist (e.g., physician, accident reconstructionist, economist) who offers opinions to help the judge or jury understand technical issues.

Insurance benefits you claim under your own policy (e.g., PIP/MedPay), regardless of who was at fault, depending on your state and coverage.

Whether a reasonable person could anticipate the risk of harm from certain conduct; a key concept in duty and proximate cause analyses.

Conduct that shows reckless disregard or a gross deviation from reasonable care—more serious than ordinary negligence.

Client consent that allows the release of medical records and bills to authorized recipients (e.g., your attorneys, experts, or insurers).

An instruction to preserve all potentially relevant evidence (documents, emails, EDR data, surveillance video, etc.) once litigation is reasonably anticipated.

A medical exam requested by the defense or insurer to evaluate injuries, causation, and treatment. Despite the name, the examiner is chosen by the opposing side.

Written questions from one party to another that must be answered under oath during discovery, typically within a set deadline.

The maximum amount an insurer will pay on a covered claim under a particular policy; settlements above this may require other sources or personal assets.

A rule (varies by state) under which any one of multiple defendants may be responsible for the full judgment, leaving defendants to sort out contributions among themselves.

A court’s legal authority to hear a case—both over the subject matter and the parties involved.

A legal right to be repaid from settlement or verdict proceeds for amounts previously paid (e.g., hospital balances, health plans). Liens must be resolved at settlement.

Damages for harm to the marital or close family relationship caused by an injury or death (loss of companionship, services, affection).

Legal responsibility for causing harm. Establishing liability typically requires proof of duty, breach, causation, and damages.

A confidential, facilitated negotiation with a neutral mediator who helps the parties explore settlement but does not decide the case.

Professional negligence by a healthcare provider that deviates from the accepted standard of care and causes injury or death to a patient.

The point at which a condition is stable and unlikely to improve substantially with further treatment; often used to value future damages.

A pretrial request asking the court to admit or exclude certain evidence so the jury never hears improper or unfairly prejudicial material.

Failure to use reasonable care under the circumstances, resulting in harm to another person.

Claims that a company acted unreasonably with unsafe vehicles or employees—e.g., entrusting a truck to an unfit driver or failing to screen/supervise properly.

When the value of a claim exceeds the at-fault party’s insurance limits, potentially exposing the insured’s personal assets if not settled within limits.

Non-economic damages for physical pain, emotional distress, and loss of life’s pleasures caused by an injury.

No-fault benefits (varies by state) that pay medical expenses—and sometimes lost wages—after a crash, regardless of who caused it.

Claims arising from unsafe property conditions (e.g., slips, trips, inadequate security) that the owner or occupier failed to correct or warn about.

Notice requiring parties to preserve relevant evidence (e.g., emails, logs, vehicle EDR data, surveillance). Destroying evidence can lead to court sanctions.

Claims involving defective or unreasonably dangerous products—design, manufacturing, or failure-to-warn defects.

Legal cause closely enough connected to the harm to impose liability; limits liability to harms that are within the scope of the risk.

Doctrine shielding certain government officials from civil liability in specific contexts unless they violated clearly established rights.

Settlement document where the injured party agrees to give up the right to sue in exchange for payment.

Employer liability for employees acting within the scope of their employment.

Uninsured/Underinsured Motorist coverage that can pay when the at-fault driver lacks insurance or has limits too low to cover the losses.

An agreed resolution of a claim before or during litigation—often after negotiation or mediation—in exchange for a release.

Destruction, alteration, or failure to preserve evidence. Courts may sanction the party or instruct the jury to presume the evidence was unfavorable.

Legal deadline to file a lawsuit. Missing it usually bars the claim, subject to limited exceptions.

Settlement paid out over time through an annuity rather than a lump sum; can offer tax and budgeting advantages.

The right of an insurer or health plan to be reimbursed from the plaintiff’s recovery for benefits it paid related to the injury.

Court ruling that no trial is needed because there’s no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.

Claim brought by an estate for the decedent’s damages suffered before death (e.g., pain and suffering, medical bills).

A civil wrong (other than breach of contract) that causes harm and can be remedied with damages.

The person or entity that committed the tort (the wrongdoer).

The proper geographic location for a lawsuit, typically tied to where parties live or where the events occurred.

Jury selection process where attorneys and the judge question potential jurors about biases and ability to be fair.

Liability imposed through a legal relationship (e.g., employer–employee), not because the party personally committed the wrongful act.

Claim brought by eligible family members for losses caused by a loved one’s death due to another’s negligence or misconduct (e.g., loss of support and companionship).