Personal Injury Glossary
A
Accident Reconstruction ExpertA specialist who studies crash evidence—such as vehicle damage, skid marks, and road conditions—to determine how a collision occurred and who may be responsible.Accident ReportAn official document created by police or authorities describing when, where, and how an accident happened, including the parties involved and initial findings.Actual Cash ValueThe depreciated value of damaged property at the time of the loss, used by insurance companies to calculate how much they will pay on a claim.ArbitrationA private dispute-resolution process where both sides present their case to a neutral arbitrator, who issues a binding or non-binding decision outside of court.Assignment of BenefitsAn agreement authorizing your insurance company to pay benefits directly to your health care provider.Attorney of RecordThe lawyer officially registered with the court as representing a person in their injury claim or lawsuit, responsible for filings and communication.Auto Liability InsuranceCar insurance that pays for injuries and property damage you cause to others when you are found legally at fault for an accident.
B
Bad Faith InsuranceWhen an insurer unreasonably denies, delays, or underpays a valid claim instead of handling it fairly.Balance BillingWhen a provider bills you for the difference between its charge and the amount your insurance allowed or paid.Burden of ProofThe legal duty to prove your claim with evidence, typically resting on the injured person and their attorney in a personal injury case.
C
Catastrophic InjuryA severe injury with permanent or long-term effects, such as a spinal cord or traumatic brain injury.CausationThe requirement to show that the defendant’s actions directly led to the accident and the victim’s injuries.Civil CaseA non-criminal lawsuit where one party sues another for financial compensation or other relief, such as in personal injury claims.ClaimA formal request made to an insurance company seeking payment for losses after an accident or injury.Claim AdjusterAn insurance company representative who investigates claims, reviews evidence, and recommends how much should be paid.ClaimantThe person who makes a claim for payment or benefits, usually with an insurance company after an accident.CoinsuranceThe percentage of a covered medical bill you pay after meeting your health plan’s deductible.Collision CoverageOptional auto insurance that helps pay for repairs to your vehicle after a crash, regardless of who was at fault.Comparative NegligenceA legal rule that reduces your compensation based on the percentage of fault you share for causing the accident.CompensationMoney awarded to an injured person to cover financial losses, medical costs, and pain and suffering after an accident.Compensatory DamagesMoney awarded to make up for the actual losses an injury caused, from medical bills to pain and suffering.Comprehensive CoverageOptional auto coverage for non-collision damage to your own vehicle, such as theft, hail, or animal strikes.Consequential DamagesIndirect losses, like lost wages, that result from an injury rather than being a direct cost of it.Contingency FeeA fee arrangement where a lawyer is paid only if the case settles or wins, usually as a percentage of the recovery.Contributory NegligenceA strict rule, not used in Georgia, that can bar recovery entirely if you share any fault for your injury.Coordination of BenefitsThe process insurers use to decide which plan pays first when a person has more than one source of coverage.CopayA fixed dollar amount you pay for a covered health care visit or service, usually at the time of care.
D
DamagesThe different types of losses an injured person can recover, including financial losses, emotional harm, and in some cases punitive damages.DeductibleThe amount you must pay out of pocket before your insurance begins covering a claim.DefendantThe person, company, or entity accused of negligence and being sued in a personal injury lawsuit.Demand LetterA formal written request for compensation sent to the at-fault insurer to begin settlement negotiations after an accident.DepositionSworn out-of-court testimony given under oath and recorded for use as evidence in a personal injury case.Diminished ValueThe market value a vehicle loses after being damaged in an accident, even once it has been properly repaired.DiscoveryThe pre-trial phase in which both sides exchange evidence and information about a personal injury case.Distracted Driving AccidentsCrashes caused by drivers whose attention is diverted from the road, often due to texting, eating, or using in-car devices.Duty of CareThe legal obligation to act with reasonable caution, such as driving safely, to avoid harming others.
E
Emotional DistressThe mental and emotional suffering, such as anxiety or lost sleep, that an accident or injury can cause.Expert Witness SpecialistA trained professional with specialized knowledge who provides opinion testimony to help explain complex issues in a personal injury case.Explanation of BenefitsA statement from your health plan showing what was billed, what the plan paid, and what you may owe. Not a bill.
F
Fender BenderAn informal term for a minor, low-speed car accident that can still cause whiplash and back injuries.First-Party Insurance BenefitsCoverage under your own policy that pays benefits directly to you, such as medical or wage-loss benefits, after an accident.Future DamagesProjected losses that will occur after the settlement or trial, such as ongoing medical care or reduced earning ability.Full Coverage InsuranceAn informal term for an auto policy with liability, collision, and comprehensive coverage. It does not automatically cover your own injuries.
G
Gap InsuranceOptional coverage that pays the difference between your loan balance and a vehicle’s value if it is totaled.Gross NegligenceConduct that shows a reckless or extreme disregard for others’ safety, more serious than ordinary negligence.Guardian Ad LitemA court-appointed person who protects the interests of a minor or incapacitated party in a legal case.
H
I
IndemnityA legal obligation where one party agrees to compensate another for certain losses, damages, or liabilities.Independent Medical ExaminationAn insurer-requested medical exam by a non-treating provider used to evaluate your accident injuries and treatment.Insurance Company NegotiationsDiscussions between an attorney and the insurer to reach a fair settlement value for an injury claim.Insurance Policy (Auto Insurance)A written contract that explains the coverage, limits, exclusions, and duties of both the insurer and policyholder in an auto claim.Insurance StackingCombining coverage limits from multiple policies or vehicles to increase the compensation available after a crash.InterrogatoriesWritten questions sent by one party in a lawsuit to the other, which must be answered in writing and under oath.Itemized BillA line-by-line medical statement listing each service, date, and charge instead of a single total.Insurance PremiumThe amount you pay to keep an insurance policy in force. Separate from the deductible and copays you pay when using coverage.In-Network vs. Out-of-NetworkWhether a provider has a contract with your health plan. Out-of-network care usually costs more and may not be covered.
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L
Liability InsuranceInsurance that provides coverage when you are legally responsible for causing injury or property damage to someone else.Liquidated DamagesA preset dollar amount agreed to in advance in a contract, paid if a specific breach occurs.Loss of ConsortiumCompensation for the loss of companionship, support, or intimacy suffered by a spouse or family member due to an injury.Loss of Earning CapacityThe reduced ability to earn income in the future caused by lasting injuries from an accident.Loss of UseCompensation for being unable to use your vehicle, or a part of your body, because of an accident.Lost WagesIncome you were unable to earn because your injuries prevented you from working after an accident.
M
Maximum Medical ImprovementThe point at which accident injuries have stabilized and are not expected to improve much with further treatment.MediationA guided, voluntary process where a neutral mediator helps both sides settle an injury claim without going to trial.Medical LienA legal agreement that lets a provider treat an injured patient now and be paid later from their injury settlement.Medical MalpracticeA negligence claim against a healthcare provider whose failure to meet the standard of care caused harm.Medical NecessityThe standard insurers use to decide whether care is reasonable and needed to diagnose or treat a condition.Medical NegligenceA healthcare provider’s failure to meet the accepted standard of care, causing harm to a patient.Medical Payments (MedPay)Optional auto insurance coverage that helps pay medical bills for you and your passengers after a crash, regardless of fault.Medical RecordsOfficial documents from healthcare providers detailing your diagnoses, treatment, progress, and prognosis after an injury.Medical Release FormA signed authorization allowing a provider to share your health records with a person or organization you name.
N
NegligenceThe failure to use reasonable care, resulting in harm or injury to another person that could have been prevented.Negligence Per SeA doctrine treating a safety-law violation, such as a traffic offense, as automatic evidence of negligence.No-Fault InsuranceA system where your own policy pays your medical costs after a crash regardless of who caused it.Nominal DamagesA small, symbolic award given when harm is proven but the actual losses are difficult to demonstrate.
P
Pain and Suffering DamagesCompensation for physical pain, emotional distress, and the overall impact of injuries on your daily life.Personal Injury Protection (PIP)No-fault coverage that helps pay medical expenses and lost income after a crash, regardless of who caused it.PlaintiffThe injured person or party who files a lawsuit seeking compensation for their losses.Pre-existing ConditionAn injury or illness that existed before an accident, which an insurer may use to dispute a claim.Premises LiabilityA legal principle holding property owners responsible for injuries caused by unsafe conditions on their property.Prior AuthorizationA health plan’s approval required before certain tests or treatments in order for them to be covered.Product LiabilityLegal responsibility held by manufacturers or sellers for injuries caused by a defective or dangerous product.Property Damage ClaimsClaims seeking payment for damage to vehicles or other property caused by an accident.Property Damage Liability InsuranceCoverage that pays for damage you cause to another person’s vehicle or property in a collision.Proximate CauseThe legal link showing a negligent act was the direct, foreseeable cause of an injury.Punitive DamagesDamages meant to punish especially reckless conduct and deter it, awarded beyond compensating the victim.
R
S
Secondary InsuranceA second insurance plan that may pay some costs remaining after your primary plan processes a claim.Settlement ConferenceA pre-trial meeting where both sides try to resolve an injury case, often with a judge’s help.Settlement NegotiationsThe process where lawyers and insurance companies discuss and attempt to agree on a fair amount of compensation.Settlement OfferA proposed amount of money an insurance company or defendant is willing to pay to resolve a claim.Special DamagesThe specific, itemized financial losses from an injury, such as medical bills and lost wages.Statute of LimitationsThe legal deadline for filing a lawsuit after an accident; missing it can permanently bar your claim.Statute of ReposeA law setting an absolute deadline to file certain claims, measured from a fixed event rather than injury discovery.Strict LiabilityA legal rule holding a party responsible for harm they caused, even without proof of carelessness.Structured SettlementA way of paying injury compensation in scheduled installments over time instead of a single lump sum.SubpoenaA legal order requiring a person or office to produce records or give testimony in a legal proceeding.SubrogationThe right of an insurer to seek reimbursement from the party who caused the loss after paying your claim.SuperbillAn itemized receipt of medical services with the billing codes needed to request insurance reimbursement.
T
Tort ClaimA civil case seeking compensation for harm caused by another party’s negligent, reckless, or intentional act.Tort Law (Negligence)The area of law that allows injured people to seek compensation when someone else’s careless actions cause harm.TortfeasorThe person or organization whose wrongful act caused harm, typically the at-fault driver in a crash.Total Loss Vehicle DeterminationA decision by an insurer that a vehicle is too damaged to repair economically and should be declared a total loss.Treble DamagesCompensation that triples the actual damages awarded, allowed under specific laws for certain claims.
U
Underinsured Motorist Coverage (UIM)Coverage that helps pay your damages when the at-fault driver’s insurance limits are too low to cover all of your losses.Uninsured Motorist CoverageAuto insurance coverage that helps pay for your injuries when the at-fault driver has no insurance at all.
V
W
Waiver of SubrogationAn agreement in which an insurer gives up its right to be reimbursed from your settlement after paying a claim.Wrongful DeathA civil claim that lets surviving family members seek compensation when negligence causes a person’s death.
O
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