The Ultimate Personal Injury Glossary

Personal injury law is the area of civil law that allows people to seek compensation when they’ve been harmed because of someone else’s negligence, recklessness, or intentional acts. It covers a wide range of cases, from car accidents on highways to slip-and-falls in grocery stores, defective products, and even medical malpractice. The goal of personal injury law is not to send someone to jail but to make the injured person “whole” again through financial recovery for medical expenses, lost wages, and pain and suffering.

A tort is a wrongful act under civil law that causes harm to another person. It’s not a crime like robbery, but it’s still a legal wrong. For example, if a restaurant fails to warn about a wet floor and someone slips and gets hurt, that can be a tort.

A personal injury claim is a formal request for compensation after being harmed by someone else’s negligence or wrongdoing. Most of these claims come from traffic accidents like car crashes, motorcycle wrecks, or truck collisions, where the injured person seeks compensation for medical bills, lost wages, and other losses. But claims can also arise from slip-and-falls, defective products, or even accidents at theme parks. A personal injury lawyer can investigate what happened, calculate the full value of your damages, and fight for a fair recovery.

A complaint is the first official legal document filed by the injured person (the plaintiff) to start a lawsuit. It lays out the basic facts of the accident, the injuries suffered, and the legal grounds for holding the defendant responsible. For example, if you were injured in a car crash caused by a distracted driver, your personal injury lawyer would draft and file a complaint in court that describes the crash, your medical treatment, and the damages you’re seeking.

The answer is the defendant’s written response to the complaint. In it, the defendant may admit or deny the allegations and often raises defenses such as blaming someone else for the accident. For instance, in a truck accident case, the company might file an answer denying fault and arguing that another driver caused the crash. The answer frames the dispute for the rest of the case.

Insurance negotiations are the back-and-forth discussions between your lawyer and the insurance company about how much your claim is worth. After a car accident, for example, the at-fault driver’s insurance company may first offer a lowball settlement that barely covers your ER visit. A personal injury lawyer pushes back, presenting medical records, witness statements, and accident reports to demand fair compensation for all of your damages, including future medical care and lost income.

Insurance tactics are strategies companies use to pay as little as possible on claims. These can include delaying your case, blaming you for the accident, requesting recorded statements, or minimizing the seriousness of your injuries. For example, after a motorcycle crash, an insurer might argue that your back pain is from a pre-existing condition instead of the accident. A lawyer who recognizes these tactics is critical to getting a fair recovery.

A settlement is an agreement to resolve a case without trial, usually involving a payment from the defendant or their insurance company to the plaintiff. Most personal injury cases, especially traffic accidents, are settled before ever reaching a courtroom. For example, after a rear-end crash, your lawyer might negotiate a settlement with the at-fault driver’s insurance company to cover your hospital bills, lost wages, and pain and suffering. However, if your injuries are severe, treatment is ongoing, or the insurance company disputes your injuries or losses, negotiations can take longer. In those cases, an experienced personal injury lawyer will resist tactics meant to reduce the settlement value.

A trial happens when the plaintiff and defendant cannot agree on a fair settlement. At trial, both sides present evidence, call witnesses, and make arguments before a judge or jury. For instance, if negotiations fail after a Hartford truck accident, your Connecticut personal injury lawyer may take the case to trial to let a jury decide how much compensation you should receive. While most cases settle outside of court, the possibility of trial often motivates insurance companies to make better offers.

The statute of limitations is the strict legal deadline for filing a lawsuit. If you miss the deadline, you will lose your right to sue, regardless of the strength of your case. In many US states, most personal injury cases, including car accidents, slip-and-falls, and wrongful death claims, must be filed within two years from the date of injury or death (Connecticut) or three years (New York, including Long Island, Massachusetts, etc.). There are exceptions to the standard statute of limitations in most states (e.g., cases involving minors or government entities may have different deadlines). That’s why it’s crucial to contact a personal injury lawyer as soon as possible after an accident.

A frivolous lawsuit is a legal claim with no basis in fact or law, usually filed without legitimate evidence or merit. Frivolous cases waste the court’s time and resources, and judges often dismiss them quickly or even penalize the person and lawyer who filed them. While sensational stories about “crazy lawsuits” make headlines, in reality, they are rare compared to the large number of valid personal injury claims filed every year.

The plaintiff is the injured person (or their family) who files a lawsuit to get compensation for the harm they suffered. For example, if a careless driver hit you in Long Island and broke your leg, you would be the plaintiff in the case. A lawyer would guide you through the legal process of bringing that claim to court.

The defendant is the person, company, or entity being accused of causing the injury. Their role is to respond to the plaintiff’s claims and defend against liability. For instance, in a workplace accident, the defendant might be the subcontractor whose unsafe practices led to the injury, or in a car accident, it could be the driver who caused the crash.

A personal injury attorney is a lawyer who focuses on representing people who have been hurt in accidents or harmed by others’ wrongdoing. They handle everything from negotiating with insurance companies to filing lawsuits and taking cases to trial. For example, if a distracted driver hit you in Bridgeport, a personal injury lawyer at Trantolo & Trantolo would investigate your case, gather evidence, and fight for fair compensation. Most work on a contingency fee, meaning you don’t pay unless they win your case.

An insurance adjuster is the person hired by an insurance company to investigate claims and decide how much (if anything) the company should pay. They are often the first point of contact after an accident, but it’s important to remember that they work for the insurance company, not for you. Their job is to protect the company’s bottom line, which means minimizing payouts whenever possible. For example, after a car crash, an adjuster might call quickly, asking for a recorded statement or offering a low settlement before you know the full extent of your injuries. That’s why many lawyers fight hard against insurers in personal injury cases: they may sound helpful, but their role is to save the company’s money, not to make sure you’re fairly compensated.

The judge is the legal authority in the courtroom. Their job is to ensure that the rules of law and procedure are followed, to decide what evidence can be presented, and to make rulings on legal issues. While juries decide the facts in many cases, judges control the flow of the trial and maintain fairness throughout the process.

A jury is a group of everyday citizens selected to listen to the evidence and decide the outcome of a case. In personal injury trials, the jury determines whether the defendant is responsible and how much money should be awarded in damages. For example, in a serious truck accident case, a jury might review accident reports, medical testimony, and expert opinions before awarding compensation.

An expert witness is a specialist with professional knowledge who explains complex issues to help the judge or jury understand the case. These experts might be doctors, accident reconstruction experts, engineers, or financial analysts, depending on the type of claim. For instance, in a medical malpractice case, an expert physician may testify about how the standard of care was violated and how that mistake caused the patient’s injury.

A contingency fee is a payment arrangement where your lawyer only gets paid if you win your case. Instead of charging by the hour, the attorney takes a percentage of the settlement or verdict, which makes legal help affordable for injury victims who can’t pay upfront. For example, if you hire one of our personal injury lawyers in Connecticut and your case settles for $100,000, a previously agreed percentage would go to the lawyer as their fee, and you keep the rest to cover your losses. If the case doesn’t succeed, you don’t owe attorney fees.

A free case evaluation is an initial consultation where a personal injury lawyer reviews your situation at no cost to you and explains your legal options. This gives injured victims a chance to understand whether they have a strong claim before deciding to hire representation. For instance, at Trantolo & Trantolo, we offer free case evaluations to accident victims, allowing them to ask questions, share their story, and learn how the law may apply, all without financial risk.

Negligence is the failure to act with the level of care that a reasonable person would use in the same situation, resulting in injury. It is the foundation of most personal injury lawsuits. For example, if a grocery store ignores a spilled drink for hours and a customer slips, the store’s negligence caused the customer’s injuries.

Liability is the legal term for being held responsible for an accident or injury. When a court or jury finds someone liable, it means they must pay damages to the injured party. For example, if a construction company fails to secure scaffolding properly and a passerby is injured, the company could be liable for the harm.

Duty of care is the basic legal obligation to act reasonably and avoid putting others at risk of harm. Everyone has some duties in daily life: drivers must follow traffic laws, store owners must keep their premises safe for customers, and doctors must treat patients according to professional standards.

A breach of duty happens when someone fails to live up to that responsibility to act safely. This could be through carelessness, recklessness, or even intentional misconduct. A classic example is a driver who texts while driving and rear-ends another car.

Causation means proving that the defendant’s actions (or inaction) directly caused the plaintiff’s injuries. In legal terms, it connects the dots between negligence and harm. For example, suppose a doctor misdiagnoses a serious illness and the patient’s condition worsens because of the delay in treatment. In that case, causation must be shown between the mistake and the harm that followed.

Gross negligence is more serious than ordinary negligence. It is a term used when someone shows extreme disregard for the safety of others. It’s not just a simple mistake, but a reckless act. For instance, a driver going 40 miles over the speed limit in a school zone and causing a crash could be found grossly negligent.

This legal term refers to the legal obligation of an injured person to take reasonable steps to minimize their damages after an accident. This means seeking appropriate medical treatment, following a doctor's orders, and not making the injury worse. If a plaintiff fails to mitigate their damages, the defendant may argue that the plaintiff is partially responsible for their losses and should not be compensated for them. For example, if you refuse a simple surgery that would have fixed your injury, the jury may not award you damages for the permanent disability that resulted from your choice.

Strict liability applies in cases where someone is held responsible for injuries even if they weren’t negligent. This doctrine often applies to defective products, dangerous animals, or hazardous activities. For instance, if a defective toaster catches fire and injures a consumer, the manufacturer may be strictly liable without the injured person needing to prove negligence.

This is the legal standard in most personal injury cases. For example, if evidence shows it’s slightly more likely the defendant caused the injury than not, the plaintiff wins. It’s much lower than the “beyond a reasonable doubt” standard in criminal cases.

Contributory negligence is one of the oldest and strictest rules in personal injury law. Under this doctrine, if the injured person is even 1% at fault for the accident, they cannot recover anything at all. For example, if a pedestrian is hit by a speeding driver but stepped off the curb a moment too early, a contributory negligence state might completely bar recovery. Only a handful of states (like Maryland, Virginia, and North Carolina) still use this harsh rule.

Comparative negligence is a rule used in many states that reduces the amount of damages a plaintiff can recover if they are partly at fault for their injuries. For example, if a jury decides that a pedestrian was 20% responsible for a crosswalk accident because they were looking at their phone, their total compensation would be reduced by that percentage.

Modified comparative negligence is the most common system and sets a cutoff point where recovery is no longer allowed. In many states, including Connecticut, this rule will enable you to recover damages as long as your percentage of fault is 50% or less. If your fault is 51% or more, you are completely barred from recovering any compensation. Your final award will be reduced by the percentage of fault you have been determined to be responsible for.

Car, truck, and motorcycle accidents make up the majority of personal injury claims in the US. These cases involve proving that another driver was careless by speeding, texting, or ignoring traffic laws and caused the crash. For example, if a driver runs a red light and collides with your vehicle, you may be entitled to compensation for medical expenses, lost income, and pain and suffering.

Medical malpractice occurs when a doctor, nurse, or other healthcare professional provides care that falls below accepted standards, resulting in harm to the patient. This could include surgical errors, medication mistakes, or delayed diagnoses. For example, if you are in Connecticut, and a surgeon operates on the wrong body part, you may hire our Trantolo & Trantolo medical malpractice attorneys to hold the provider accountable and recover damages.

Premises liability refers to cases where someone is injured because a property owner or occupier failed to keep their land or building reasonably safe. While slip-and-falls are the most common type, this category also covers accidents from poor lighting, unsafe staircases, falling merchandise, inadequate security that leads to assaults, and even swimming pool injuries. For example, if a shopping mall doesn’t provide proper lighting in its parking garage and a visitor is attacked, the mall owner may face a premises liability lawsuit.

Slip-and-fall cases are one of the most frequent personal injury claims under premises liability law. They happen when a person trips, slips, or falls because of unsafe conditions on someone else’s property. Examples include a grocery store failing to clean up a spilled drink, an office building with loose carpeting, or a restaurant with uneven flooring. A successful claim requires proving the owner knew or should have known about the hazard but failed to address it on time.

Dog bite cases often fall under premises liability because they involve injuries that occur on an owner’s property or are caused by their failure to control their animal. The laws vary widely by state. For example, dog owners in Connecticut and Massachusetts are held to a strict liability standard for injuries their dogs cause, meaning they are responsible for damages without the victim needing to prove negligence or prior knowledge of the dog's aggressive behavior, although exceptions also apply. While a recent court ruling increased victims' rights to compensation even in cases where the dog had no prior history of aggression, New York dog bite laws combine the traditional "one-bite rule" with a more expansive negligence standard, making owners liable for bites if they knew or should have known of the dog's dangerous past. The owner is not liable if their dog bites someone while protecting its family or house from an intruder or danger.

An attractive nuisance is a legal doctrine within premises liability that holds property owners responsible if children are injured by something dangerous on their property that is likely to draw them in. Classic examples include swimming pools, trampolines, abandoned cars, or construction sites. Even if the child was technically trespassing, the law recognizes that children don’t always understand risks. For instance, if a homeowner leaves their pool unfenced and a neighborhood child drowns, the homeowner could be held liable under this doctrine.

Product liability involves injuries caused by dangerous or defective products, such as faulty appliances, unsafe cars, or contaminated food. In these cases, manufacturers, distributors, or retailers may all be held accountable. For example, if a child’s toy contains toxic paint and causes illness, the family could bring a product liability lawsuit against the company that made or sold it.

Workplace accidents cover injuries that happen on the job. While many claims are handled through workers’ compensation, there are situations where a separate personal injury lawsuit is possible, especially when a third party (not the employer) is at fault. For example, if a subcontractor’s negligence at a construction site leads to an injury, the worker may pursue a personal injury claim outside of workers’ comp.

Family members bring wrongful death cases after a loved one dies due to negligence or misconduct. These claims seek damages for lost income, funeral expenses, and emotional suffering. For instance, if a defective vehicle part leads to a fatal crash, the family could file a wrongful death lawsuit against the manufacturer.

Catastrophic injury cases involve severe, life-changing harm such as traumatic brain injuries, paralysis, or amputations. These cases often demand significant damages to cover lifelong medical care and lost earning capacity. For example, a motorcyclist left paralyzed after being hit by a distracted driver may pursue a claim for long-term financial support and quality of life adjustments.

Economic damages are meant to make the injured person “whole” again by covering actual, measurable losses. This includes expenses such as hospital bills, prescriptions, physical therapy, and lost income. For instance, if a worker falls due to unsafe scaffolding and can’t return to their job for six months, economic damages would help cover the cost of treatment and their lost pay.

Non-economic damages are compensation for losses that can’t be measured in dollars and receipts but are still very real. These include pain and suffering, emotional distress, loss of companionship, and the overall reduction in quality of life caused by an injury. For example, if a car accident survivor lives with chronic pain, nightmares, or can no longer enjoy hobbies like running or playing with their children, non-economic damages help account for those invisible but life-changing harms.

Punitive damages are different from compensatory ones because they’re not about repayment but about punishment. Courts award punitive damages when the defendant’s actions were outrageously reckless or intentional, as a way to discourage similar behaviour in the future. For example, if a driver chooses to drink heavily, speed through a red light, and cause a fatal crash, a jury might award punitive damages to penalize that conduct.

This is a legal document provided by a personal injury attorney to a medical provider. It is a promise to pay the provider's bill out of any future settlement or judgment. An LOP allows a patient to receive necessary medical treatment without paying up front.

A legal right held by a healthcare provider to receive payment for medical services directly from the proceeds of a personal injury settlement or verdict. This is commonly used when an injured person does not have health insurance or when their insurance company will not cover all the costs. A medical lien helps ensure doctors and hospitals get paid for their services.

The term refers to the legal right of an insurance company to recover money it paid out on a claim from the at-fault party. For example, suppose your health insurance company pays for your medical bills after a car accident. In that case, they have the right of subrogation to seek that money back from the at-fault driver's insurance company.

A state law that sets a legal limit on the amount of money a plaintiff can be awarded in a personal injury case, particularly for non-economic damages like pain and suffering. While Connecticut does not currently have caps on most economic and non-economic damages, some states do. It's a key factor that can significantly affect the value of a case.

Discovery is the stage where both sides gather and share evidence, such as medical records, accident reports, and expert opinions. It’s like building the puzzle pieces of the case before trial. For example, in a slip-and-fall claim, discovery may involve reviewing store maintenance logs or security camera footage.

A deposition is sworn testimony taken outside of court, usually in a lawyer’s office, with a court reporter present. Witnesses or parties answer questions under oath, and their answers can later be used in a trial. For example, an injured person might be deposed by the defendant’s attorney about their medical history and the details of the accident.

Mediation is a structured negotiation led by a neutral third party called a mediator. Both sides sit down to discuss settlement options in hopes of avoiding a trial. For example, after a car accident, the insurance company and the injured person might meet in mediation to try to agree on a payout. The mediator doesn’t decide the case but helps move the parties toward compromise.

Arbitration is an alternative to trial where a neutral arbitrator hears evidence and makes a decision, which can be binding or non-binding depending on the agreement. For instance, a nursing home negligence case might go to arbitration if the admission contract required disputes to be handled this way instead of the court.

A trial is the formal courtroom process where lawyers present evidence, question witnesses, and make arguments before a judge or jury. If negotiations fail, trial becomes the final opportunity to prove fault and damages. For example, if an insurance company refuses to pay fair compensation after a motorcycle accident, the case may proceed to trial so a jury can decide.

A bench trial is a trial decided entirely by a judge, without a jury. The judge listens to the evidence, determines the facts, and applies the law to reach a decision. Bench trials are sometimes quicker and less expensive than jury trials, and they’re often chosen when the issues are highly technical or legal rather than emotional. For example, suppose a personal injury case centers on a complex contract dispute between a business and an injured worker. In that case, both sides might agree to let a judge instead of a jury make the final call.

A jury trial is a trial where a group of citizens (the jury) decides the facts of the case and determines whether the defendant is liable, as well as how much money should be awarded. In personal injury cases like car crashes or medical malpractice, either party can request a jury trial when the lawsuit is filed. If no settlement is reached during negotiations or mediation, the case proceeds to trial, and the jury becomes the decision-maker. Jury trials can be longer and less predictable than bench trials, since jurors may bring different perspectives and emotions into the courtroom, but they can also result in higher damage awards. For example, in a medical malpractice case where a surgeon operated on the wrong body part, a jury might hear testimony from medical experts and the injured patient before deciding on compensation.

The verdict is the decision reached by the jury (or by the judge in a bench trial) after hearing all the evidence. It determines whether the defendant is liable and, if so, how much money should be awarded. For example, a jury might decide that a distracted driver was responsible for a crash and grant the plaintiff $500,000 in damages.

The judgment is the official order entered by the court after a verdict. It confirms the outcome of the case and legally establishes the amount the defendant must pay. For instance, if the jury awards damages, the judgment formalizes that award and gives the plaintiff the right to collect it.

An appeal is when the losing party asks a higher court to review the trial court’s decision, usually claiming there was a legal error. For example, a defendant found liable in a product liability case might file an appeal arguing that specific evidence was wrongly admitted. Appeals don’t re-try the case but review whether the trial was conducted properly.