{"totalTerms":194,"categories":["Court & Litigation","Evidence & Documentation","General Legal Terms","Insurance Terms","Legal Procedures","Liability & Negligence","Medical & Injury Terms","Personal Injury Basics","Settlement & Negotiation","Types of Damages","Vehicle Accidents","Workplace Injuries"],"termsByCategory":{"General Legal Terms":[{"id":"term-plaintiff","term":"Plaintiff","slug":"plaintiff","letter":"P","definition":"The person or party who initiates a lawsuit by filing a complaint against another party (the defendant) in civil court.","category":"General Legal Terms","relatedTerms":["defendant","complainant","claimant"],"legalContext":"In personal injury cases, the plaintiff is typically the injured person seeking compensation from the party responsible for their injuries. The plaintiff has the burden of proving their case.","url":"https://hurtadvice.com/resources/legal-glossary/plaintiff","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/plaintiff","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-defendant","term":"Defendant","slug":"defendant","letter":"D","definition":"The person or entity being sued in a civil lawsuit or accused in a criminal case.","category":"General Legal Terms","relatedTerms":["plaintiff","respondent","tortfeasor"],"legalContext":"In personal injury lawsuits, the defendant is the party alleged to have caused the plaintiff's injuries through negligence or intentional conduct. This could be an individual, company, or government entity.","url":"https://hurtadvice.com/resources/legal-glossary/defendant","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/defendant","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-tort","term":"Tort","slug":"tort","letter":"T","definition":"A civil wrong, other than breach of contract, for which the law provides a remedy, typically in the form of damages.","category":"General Legal Terms","relatedTerms":["tortfeasor","negligence","intentional-tort"],"legalContext":"Personal injury law is a branch of tort law. When someone's negligent or intentional actions harm you, you can file a tort claim to recover compensation for your losses.","url":"https://hurtadvice.com/resources/legal-glossary/tort","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/tort","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-tortfeasor","term":"Tortfeasor","slug":"tortfeasor","letter":"T","definition":"A person or entity who commits a tort (civil wrong) that causes injury or damage to another.","category":"General Legal Terms","relatedTerms":["tort","defendant","joint-and-several-liability"],"legalContext":"The tortfeasor in a car accident case is typically the at-fault driver. There can be multiple tortfeasors in a single incident, each potentially liable for a portion of damages.","url":"https://hurtadvice.com/resources/legal-glossary/tortfeasor","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/tortfeasor","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-statute","term":"Statute","slug":"statute","letter":"S","definition":"A written law enacted by a legislative body.","category":"General Legal Terms","relatedTerms":["legislation","code","law"],"legalContext":"Many rules governing personal injury cases come from statutes, including the statute of limitations, comparative negligence rules, and damage caps in certain cases.","url":"https://hurtadvice.com/resources/legal-glossary/statute","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/statute","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-case-law","term":"Case Law","slug":"case-law","letter":"C","definition":"Law established by judicial decisions in previous court cases, as opposed to statutes.","category":"General Legal Terms","relatedTerms":["precedent","common-law","stare-decisis"],"legalContext":"Courts look to case law (precedent) when deciding how to rule on legal issues. Understanding relevant case law helps attorneys predict how a case might be decided.","url":"https://hurtadvice.com/resources/legal-glossary/case-law","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/case-law","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-precedent","term":"Precedent","slug":"precedent","letter":"P","definition":"A court decision that serves as an example or authority for deciding similar cases in the future.","category":"General Legal Terms","relatedTerms":["case-law","stare-decisis","binding-authority"],"legalContext":"Lower courts must follow precedent from higher courts in their jurisdiction. Attorneys cite precedent to support their legal arguments.","url":"https://hurtadvice.com/resources/legal-glossary/precedent","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/precedent","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-power-of-attorney","term":"Power of Attorney","slug":"power-of-attorney","letter":"P","definition":"A legal document authorizing someone to act on another's behalf in legal or financial matters.","category":"General Legal Terms","relatedTerms":["guardian","conservator","legal-authority"],"legalContext":"If an accident victim is incapacitated, a person with power of attorney can make legal and financial decisions on their behalf, including pursuing injury claims.","url":"https://hurtadvice.com/resources/legal-glossary/power-of-attorney","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/power-of-attorney","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-waiver","term":"Waiver","slug":"waiver","letter":"W","definition":"The voluntary relinquishment of a known right.","category":"General Legal Terms","relatedTerms":["release","assumption-of-risk","liability-waiver"],"legalContext":"Signing a waiver before participating in risky activities may limit your ability to sue if injured. However, waivers can't waive liability for gross negligence or intentional misconduct.","url":"https://hurtadvice.com/resources/legal-glossary/waiver","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/waiver","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"}],"Liability & Negligence":[{"id":"term-liability","term":"Liability","slug":"liability","letter":"L","definition":"Legal responsibility for one's actions or omissions that cause harm to another person.","category":"Liability & Negligence","relatedTerms":["negligence","fault","responsibility","culpability"],"legalContext":"Establishing liability is crucial in personal injury cases. The plaintiff must prove the defendant's liability by showing they breached a duty of care, directly causing the plaintiff's injuries and damages.","url":"https://hurtadvice.com/resources/legal-glossary/liability","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/liability","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-negligence","term":"Negligence","slug":"negligence","letter":"N","definition":"The failure to exercise the degree of care that a reasonably prudent person would exercise under similar circumstances.","category":"Liability & Negligence","relatedTerms":["duty-of-care","breach-of-duty","standard-of-care","gross-negligence"],"legalContext":"Negligence is the foundation of most personal injury claims. To prove negligence, you must establish four elements: duty of care, breach of duty, causation, and damages.","url":"https://hurtadvice.com/resources/legal-glossary/negligence","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/negligence","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-duty-of-care","term":"Duty of Care","slug":"duty-of-care","letter":"D","definition":"A legal obligation requiring a person to exercise a reasonable standard of care while performing acts that could foreseeably harm others.","category":"Liability & Negligence","relatedTerms":["negligence","breach-of-duty","standard-of-care"],"legalContext":"All drivers have a duty of care to operate their vehicles safely. Property owners have a duty to maintain safe premises. When this duty is breached and someone is injured, the breaching party may be liable.","url":"https://hurtadvice.com/resources/legal-glossary/duty-of-care","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/duty-of-care","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-breach-of-duty","term":"Breach of Duty","slug":"breach-of-duty","letter":"B","definition":"The failure to meet the required standard of care or fulfill a legal obligation owed to another person.","category":"Liability & Negligence","relatedTerms":["duty-of-care","negligence","standard-of-care"],"legalContext":"A driver who runs a red light breaches their duty of care to other motorists. A property owner who ignores a dangerous condition breaches their duty to visitors. Proving breach is essential to negligence claims.","url":"https://hurtadvice.com/resources/legal-glossary/breach-of-duty","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/breach-of-duty","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-causation","term":"Causation","slug":"causation","letter":"C","definition":"The relationship between the defendant's conduct and the plaintiff's injuries, establishing that the defendant's actions directly caused the harm.","category":"Liability & Negligence","relatedTerms":["proximate-cause","but-for-causation","negligence"],"legalContext":"In personal injury cases, you must prove both \"cause in fact\" (but-for causation) and \"proximate cause\" (legal causation). The injuries must be a direct and foreseeable result of the defendant's negligence.","url":"https://hurtadvice.com/resources/legal-glossary/causation","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/causation","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-proximate-cause","term":"Proximate Cause","slug":"proximate-cause","letter":"P","definition":"A cause that is legally sufficient to establish liability because it is closely connected to the resulting harm and was foreseeable.","category":"Liability & Negligence","relatedTerms":["causation","but-for-causation","foreseeability"],"legalContext":"Even if a defendant's actions contributed to an injury, they may not be liable if the harm was not a foreseeable consequence. Proximate cause limits liability to reasonably anticipated results.","url":"https://hurtadvice.com/resources/legal-glossary/proximate-cause","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/proximate-cause","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-comparative-negligence","term":"Comparative Negligence","slug":"comparative-negligence","letter":"C","definition":"A legal doctrine that reduces a plaintiff's damages by their percentage of fault in causing the accident.","category":"Liability & Negligence","relatedTerms":["contributory-negligence","fault","apportionment"],"legalContext":"California follows \"pure comparative negligence.\" Even if you were 99% at fault, you can recover 1% of your damages. However, insurance companies often try to inflate your fault percentage.","url":"https://hurtadvice.com/resources/legal-glossary/comparative-negligence","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/comparative-negligence","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-contributory-negligence","term":"Contributory Negligence","slug":"contributory-negligence","letter":"C","definition":"A legal doctrine that completely bars recovery if the plaintiff was even partially at fault for their injuries.","category":"Liability & Negligence","relatedTerms":["comparative-negligence","fault","bar-to-recovery"],"legalContext":"California does NOT follow contributory negligence. Only a few states still use this harsh rule. California uses comparative negligence instead.","url":"https://hurtadvice.com/resources/legal-glossary/contributory-negligence","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/contributory-negligence","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-gross-negligence","term":"Gross Negligence","slug":"gross-negligence","letter":"G","definition":"Extreme carelessness or reckless disregard for the safety of others, going beyond ordinary negligence.","category":"Liability & Negligence","relatedTerms":["negligence","recklessness","punitive-damages"],"legalContext":"Gross negligence may support punitive damages claims. Examples include extreme speeding, texting while driving, or drunk driving.","url":"https://hurtadvice.com/resources/legal-glossary/gross-negligence","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/gross-negligence","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-strict-liability","term":"Strict Liability","slug":"strict-liability","letter":"S","definition":"Liability imposed without proof of negligence, typically in cases involving inherently dangerous activities or defective products.","category":"Liability & Negligence","relatedTerms":["product-liability","absolute-liability","defective-product"],"legalContext":"Product liability cases often involve strict liability. If a defective product injures you, you don't need to prove the manufacturer was negligent—only that the product was defective.","url":"https://hurtadvice.com/resources/legal-glossary/strict-liability","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/strict-liability","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-vicarious-liability","term":"Vicarious Liability","slug":"vicarious-liability","letter":"V","definition":"Legal responsibility imposed on one party for the actions of another, such as an employer for employee conduct.","category":"Liability & Negligence","relatedTerms":["respondeat-superior","employer-liability","agency"],"legalContext":"If a delivery driver causes an accident while working, the employer may be vicariously liable under the doctrine of respondeat superior.","url":"https://hurtadvice.com/resources/legal-glossary/vicarious-liability","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/vicarious-liability","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-joint-and-several-liability","term":"Joint and Several Liability","slug":"joint-and-several-liability","letter":"J","definition":"A rule that allows a plaintiff to recover full damages from any one of multiple defendants, regardless of their individual percentage of fault.","category":"Liability & Negligence","relatedTerms":["multiple-defendants","contribution","indemnification"],"legalContext":"California has modified joint and several liability. Each defendant is jointly liable for economic damages but only severally liable for non-economic damages.","url":"https://hurtadvice.com/resources/legal-glossary/joint-and-several-liability","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/joint-and-several-liability","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-assumption-of-risk","term":"Assumption of Risk","slug":"assumption-of-risk","letter":"A","definition":"A defense asserting that the plaintiff knowingly and voluntarily accepted the risks associated with a dangerous activity.","category":"Liability & Negligence","relatedTerms":["affirmative-defense","waiver","inherent-risk"],"legalContext":"This defense is common in sports injury and recreational activity cases. However, assumption of risk doesn't apply to risks beyond those inherent to the activity.","url":"https://hurtadvice.com/resources/legal-glossary/assumption-of-risk","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/assumption-of-risk","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-negligence-per-se","term":"Negligence Per Se","slug":"negligence-per-se","letter":"N","definition":"Automatic negligence established when a defendant violates a statute designed to protect a specific class of people.","category":"Liability & Negligence","relatedTerms":["negligence","statutory-violation","presumption"],"legalContext":"If a driver runs a red light (violating traffic law) and hits you, the traffic violation itself may establish negligence without further proof of carelessness.","url":"https://hurtadvice.com/resources/legal-glossary/negligence-per-se","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/negligence-per-se","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-res-ipsa-loquitur","term":"Res Ipsa Loquitur","slug":"res-ipsa-loquitur","letter":"R","definition":"Latin for \"the thing speaks for itself.\" A doctrine allowing negligence to be inferred when the accident wouldn't normally occur without negligence.","category":"Liability & Negligence","relatedTerms":["inference","presumption","negligence"],"legalContext":"If a surgical instrument is left inside you after surgery, res ipsa loquitur may apply because this wouldn't happen without someone's negligence.","url":"https://hurtadvice.com/resources/legal-glossary/res-ipsa-loquitur","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/res-ipsa-loquitur","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-standard-of-care","term":"Standard of Care","slug":"standard-of-care","letter":"S","definition":"The degree of care and caution that a reasonable person would exercise in similar circumstances.","category":"Liability & Negligence","relatedTerms":["duty-of-care","reasonable-person","negligence"],"legalContext":"The standard of care varies by context. Medical professionals are held to the standard of a reasonably competent practitioner in their field.","url":"https://hurtadvice.com/resources/legal-glossary/standard-of-care","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/standard-of-care","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-eggshell-plaintiff","term":"Eggshell Plaintiff Rule","slug":"eggshell-plaintiff","letter":"E","definition":"A legal doctrine stating that defendants must take plaintiffs as they find them, including any pre-existing vulnerabilities.","category":"Liability & Negligence","relatedTerms":["pre-existing-condition","aggravation","thin-skull-rule"],"legalContext":"If you have a pre-existing condition that makes you more susceptible to injury, the at-fault party is still fully liable for all resulting damages, not just what a \"normal\" person would suffer.","url":"https://hurtadvice.com/resources/legal-glossary/eggshell-plaintiff","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/eggshell-plaintiff","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-foreseeability","term":"Foreseeability","slug":"foreseeability","letter":"F","definition":"The reasonable anticipation that harm could result from certain actions or omissions.","category":"Liability & Negligence","relatedTerms":["proximate-cause","duty-of-care","reasonableness"],"legalContext":"Foreseeability is key to establishing duty and proximate cause. Defendants are generally only liable for foreseeable consequences of their negligence.","url":"https://hurtadvice.com/resources/legal-glossary/foreseeability","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/foreseeability","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-reasonable-person","term":"Reasonable Person Standard","slug":"reasonable-person","letter":"R","definition":"A legal standard measuring conduct against what a hypothetical \"reasonable person\" would do in similar circumstances.","category":"Liability & Negligence","relatedTerms":["standard-of-care","negligence","objective-standard"],"legalContext":"Negligence is often determined by asking whether a reasonable person would have acted differently. This objective standard applies regardless of the defendant's actual intentions.","url":"https://hurtadvice.com/resources/legal-glossary/reasonable-person","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/reasonable-person","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-intentional-tort","term":"Intentional Tort","slug":"intentional-tort","letter":"I","definition":"A civil wrong committed with intent to cause harm, as opposed to negligent conduct.","category":"Liability & Negligence","relatedTerms":["tort","assault","battery"],"legalContext":"Intentional torts include assault, battery, and intentional infliction of emotional distress. They may support punitive damages and aren't covered by liability insurance.","url":"https://hurtadvice.com/resources/legal-glossary/intentional-tort","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/intentional-tort","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-assault","term":"Assault","slug":"assault","letter":"A","definition":"An intentional act causing reasonable apprehension of imminent harmful or offensive contact.","category":"Liability & Negligence","relatedTerms":["battery","intentional-tort","threat"],"legalContext":"Civil assault (intentional tort) differs from criminal assault. It focuses on the victim's fear of being harmed, even if no physical contact occurs.","url":"https://hurtadvice.com/resources/legal-glossary/assault","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/assault","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-battery","term":"Battery","slug":"battery","letter":"B","definition":"Intentional harmful or offensive physical contact with another person without consent.","category":"Liability & Negligence","relatedTerms":["assault","intentional-tort","physical-contact"],"legalContext":"Civil battery differs from criminal battery. It encompasses any intentional unwanted physical contact, even if no injury results.","url":"https://hurtadvice.com/resources/legal-glossary/battery","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/battery","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-defamation","term":"Defamation","slug":"defamation","letter":"D","definition":"A false statement presented as fact that injures a person's reputation.","category":"Liability & Negligence","relatedTerms":["libel","slander","reputation"],"legalContext":"While not a typical personal injury case, defamation can cause significant damages. It includes both libel (written) and slander (spoken) defamation.","url":"https://hurtadvice.com/resources/legal-glossary/defamation","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/defamation","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-product-liability","term":"Product Liability","slug":"product-liability","letter":"P","definition":"Legal responsibility of manufacturers and sellers for injuries caused by defective products.","category":"Liability & Negligence","relatedTerms":["strict-liability","defective-product","manufacturing-defect"],"legalContext":"Product liability cases can be based on design defects, manufacturing defects, or failure to warn. Strict liability often applies, meaning negligence doesn't need to be proven.","url":"https://hurtadvice.com/resources/legal-glossary/product-liability","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/product-liability","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-premises-liability","term":"Premises Liability","slug":"premises-liability","letter":"P","definition":"Legal responsibility of property owners for injuries that occur on their property.","category":"Liability & Negligence","relatedTerms":["slip-and-fall","property-owner","dangerous-condition"],"legalContext":"Premises liability covers slip and falls, inadequate security, and other hazards on property. The owner's duty varies based on whether you're an invitee, licensee, or trespasser.","url":"https://hurtadvice.com/resources/legal-glossary/premises-liability","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/premises-liability","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-negligent-entrustment","term":"Negligent Entrustment","slug":"negligent-entrustment","letter":"N","definition":"Liability for entrusting a dangerous item (like a vehicle) to someone known to be reckless or incompetent.","category":"Liability & Negligence","relatedTerms":["vicarious-liability","owner-liability","permissive-use"],"legalContext":"If someone lends their car to a driver they know is dangerous, they may be liable for accidents that driver causes.","url":"https://hurtadvice.com/resources/legal-glossary/negligent-entrustment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/negligent-entrustment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-dram-shop-liability","term":"Dram Shop Liability","slug":"dram-shop-liability","letter":"D","definition":"Legal liability of bars and restaurants for injuries caused by intoxicated patrons they served.","category":"Liability & Negligence","relatedTerms":["alcohol-liability","social-host","drunk-driving"],"legalContext":"California has limited dram shop liability. Generally, businesses aren't liable for serving alcohol to adults, but may be liable for serving obviously intoxicated minors.","url":"https://hurtadvice.com/resources/legal-glossary/dram-shop-liability","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/dram-shop-liability","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-negligent-security","term":"Negligent Security","slug":"negligent-security","letter":"N","definition":"Failure of a property owner to provide adequate security, resulting in foreseeable criminal acts against visitors.","category":"Liability & Negligence","relatedTerms":["premises-liability","foreseeability","criminal-act"],"legalContext":"Property owners may be liable if inadequate security (poor lighting, lack of guards, broken locks) contributed to criminal attacks on their property.","url":"https://hurtadvice.com/resources/legal-glossary/negligent-security","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/negligent-security","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-respondeat-superior","term":"Respondeat Superior","slug":"respondeat-superior","letter":"R","definition":"Latin for \"let the master answer.\" A doctrine holding employers liable for employees' negligent acts within the scope of employment.","category":"Liability & Negligence","relatedTerms":["vicarious-liability","employer-liability","scope-of-employment"],"legalContext":"If a delivery driver causes an accident while making deliveries, the employer is typically liable under respondeat superior.","url":"https://hurtadvice.com/resources/legal-glossary/respondeat-superior","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/respondeat-superior","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-apportionment","term":"Apportionment","slug":"apportionment","letter":"A","definition":"The division of responsibility among multiple parties based on their respective percentages of fault.","category":"Liability & Negligence","relatedTerms":["comparative-negligence","fault","allocation"],"legalContext":"In California, damages are apportioned based on comparative fault. If you're 20% at fault, your recovery is reduced by 20%.","url":"https://hurtadvice.com/resources/legal-glossary/apportionment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/apportionment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"}],"Legal Procedures":[{"id":"term-statute-of-limitations","term":"Statute of Limitations","slug":"statute-of-limitations","letter":"S","definition":"A law that sets the maximum time after an event within which legal proceedings may be initiated.","category":"Legal Procedures","relatedTerms":["tolling","discovery-rule","deadline"],"legalContext":"In California, the statute of limitations for most personal injury claims is 2 years from the date of injury. Missing this deadline typically bars you from filing a lawsuit, regardless of the merits of your case.","url":"https://hurtadvice.com/resources/legal-glossary/statute-of-limitations","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/statute-of-limitations","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-venue","term":"Venue","slug":"venue","letter":"V","definition":"The geographic location where a lawsuit is filed and tried.","category":"Legal Procedures","relatedTerms":["jurisdiction","forum","transfer-of-venue"],"legalContext":"Proper venue is typically where the accident occurred, where the defendant resides, or where the defendant does business. Venue can affect jury pools and local practices.","url":"https://hurtadvice.com/resources/legal-glossary/venue","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/venue","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-jurisdiction","term":"Jurisdiction","slug":"jurisdiction","letter":"J","definition":"The authority of a court to hear and decide a case.","category":"Legal Procedures","relatedTerms":["venue","federal-court","state-court"],"legalContext":"Courts must have both subject matter jurisdiction (authority over the type of case) and personal jurisdiction (authority over the parties) to hear a case.","url":"https://hurtadvice.com/resources/legal-glossary/jurisdiction","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/jurisdiction","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-service-of-process","term":"Service of Process","slug":"service-of-process","letter":"S","definition":"The formal delivery of legal documents to a party to notify them of the lawsuit and court proceedings.","category":"Legal Procedures","relatedTerms":["summons","complaint","due-process"],"legalContext":"Proper service of process is required to give the court jurisdiction over the defendant. Failure to properly serve can result in dismissal of the case.","url":"https://hurtadvice.com/resources/legal-glossary/service-of-process","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/service-of-process","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-default-judgment","term":"Default Judgment","slug":"default-judgment","letter":"D","definition":"A judgment entered against a defendant who fails to respond to a lawsuit or appear in court.","category":"Legal Procedures","relatedTerms":["judgment","failure-to-appear","set-aside"],"legalContext":"If a defendant ignores a lawsuit, the plaintiff can seek a default judgment. However, courts may set aside default judgments if the defendant shows good cause.","url":"https://hurtadvice.com/resources/legal-glossary/default-judgment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/default-judgment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-continuance","term":"Continuance","slug":"continuance","letter":"C","definition":"A postponement of a court proceeding to a later date.","category":"Legal Procedures","relatedTerms":["postponement","adjournment","scheduling"],"legalContext":"Parties may request continuances for various reasons, such as needing more time to prepare or unavailability of witnesses. Courts have discretion to grant or deny.","url":"https://hurtadvice.com/resources/legal-glossary/continuance","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/continuance","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-motion-in-limine","term":"Motion in Limine","slug":"motion-in-limine","letter":"M","definition":"A pre-trial motion asking the court to exclude certain evidence from trial.","category":"Legal Procedures","relatedTerms":["evidence","exclusion","pretrial-motion"],"legalContext":"These motions prevent prejudicial or irrelevant evidence from being mentioned in front of the jury. They're important tactical tools in personal injury trials.","url":"https://hurtadvice.com/resources/legal-glossary/motion-in-limine","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/motion-in-limine","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-voir-dire","term":"Voir Dire","slug":"voir-dire","letter":"V","definition":"The process of questioning and selecting jurors for a trial.","category":"Legal Procedures","relatedTerms":["jury-selection","challenge-for-cause","peremptory-challenge"],"legalContext":"During voir dire, attorneys ask potential jurors questions to identify bias. Both sides can challenge jurors \"for cause\" or use limited \"peremptory challenges.\"","url":"https://hurtadvice.com/resources/legal-glossary/voir-dire","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/voir-dire","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-tolling","term":"Tolling","slug":"tolling","letter":"T","definition":"The legal pausing or suspension of the statute of limitations period.","category":"Legal Procedures","relatedTerms":["statute-of-limitations","discovery-rule","exception"],"legalContext":"The statute of limitations may be tolled (paused) in certain situations, such as when the plaintiff is a minor, mentally incapacitated, or the defendant is out of state.","url":"https://hurtadvice.com/resources/legal-glossary/tolling","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/tolling","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-discovery-rule","term":"Discovery Rule","slug":"discovery-rule","letter":"D","definition":"A rule that delays the start of the statute of limitations until the plaintiff discovers or should have discovered their injury.","category":"Legal Procedures","relatedTerms":["statute-of-limitations","tolling","latent-injury"],"legalContext":"In some cases, injuries aren't immediately apparent. The discovery rule prevents the limitations period from running until you reasonably should have known about the injury.","url":"https://hurtadvice.com/resources/legal-glossary/discovery-rule","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/discovery-rule","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-guardian-ad-litem","term":"Guardian Ad Litem","slug":"guardian-ad-litem","letter":"G","definition":"A person appointed by the court to represent the interests of a minor or incapacitated person in legal proceedings.","category":"Legal Procedures","relatedTerms":["minor","incapacity","court-appointment"],"legalContext":"In personal injury cases involving minors, a guardian ad litem ensures the child's interests are protected, especially regarding settlement approval.","url":"https://hurtadvice.com/resources/legal-glossary/guardian-ad-litem","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/guardian-ad-litem","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-stipulation","term":"Stipulation","slug":"stipulation","letter":"S","definition":"An agreement between parties in a lawsuit about certain facts or procedures.","category":"Legal Procedures","relatedTerms":["agreement","admission","concession"],"legalContext":"Parties may stipulate to facts that aren't in dispute, saving time at trial. Stipulations are binding once agreed upon.","url":"https://hurtadvice.com/resources/legal-glossary/stipulation","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/stipulation","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-government-immunity","term":"Government Immunity (Sovereign Immunity)","slug":"government-immunity","letter":"G","definition":"Legal doctrine protecting government entities from being sued without their consent.","category":"Legal Procedures","relatedTerms":["government-tort-claim","public-entity","statutory-waiver"],"legalContext":"Government immunity has been waived in many situations, but special rules apply. In California, you must file a government tort claim within 6 months before suing.","url":"https://hurtadvice.com/resources/legal-glossary/government-immunity","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/government-immunity","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-government-tort-claim","term":"Government Tort Claim","slug":"government-tort-claim","letter":"G","definition":"A required administrative claim that must be filed before suing a government entity.","category":"Legal Procedures","relatedTerms":["government-immunity","administrative-claim","deadline"],"legalContext":"In California, you must file a tort claim with the government agency within 6 months of injury. Failure to do so bars your lawsuit.","url":"https://hurtadvice.com/resources/legal-glossary/government-tort-claim","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/government-tort-claim","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-protective-order","term":"Protective Order","slug":"protective-order","letter":"P","definition":"A court order that limits disclosure of sensitive information during litigation.","category":"Legal Procedures","relatedTerms":["confidentiality","discovery","seal"],"legalContext":"Protective orders may be used to keep medical records, financial information, or trade secrets confidential during discovery.","url":"https://hurtadvice.com/resources/legal-glossary/protective-order","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/protective-order","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-stay","term":"Stay","slug":"stay","letter":"S","definition":"A court order halting or suspending legal proceedings.","category":"Legal Procedures","relatedTerms":["abeyance","suspension","pending"],"legalContext":"A case may be stayed pending appeal, arbitration, or resolution of related proceedings in another court.","url":"https://hurtadvice.com/resources/legal-glossary/stay","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/stay","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-statute-of-repose","term":"Statute of Repose","slug":"statute-of-repose","letter":"S","definition":"A law that bars claims after a certain time from the defendant's act, regardless of when the injury was discovered.","category":"Legal Procedures","relatedTerms":["statute-of-limitations","time-bar","construction-defect"],"legalContext":"Unlike statutes of limitations (which run from injury discovery), statutes of repose run from the defendant's conduct and cannot be tolled.","url":"https://hurtadvice.com/resources/legal-glossary/statute-of-repose","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/statute-of-repose","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-notice-of-claim","term":"Notice of Claim","slug":"notice-of-claim","letter":"N","definition":"Formal notification to a party that a claim is being made against them.","category":"Legal Procedures","relatedTerms":["government-tort-claim","demand-letter","deadline"],"legalContext":"Some claims require formal notice before filing suit. For government claims in California, the notice must be filed within 6 months.","url":"https://hurtadvice.com/resources/legal-glossary/notice-of-claim","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/notice-of-claim","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"}],"Types of Damages":[{"id":"term-damages","term":"Damages","slug":"damages","letter":"D","definition":"Monetary compensation awarded to a person who has suffered loss or injury due to the wrongful conduct of another party.","category":"Types of Damages","relatedTerms":["compensatory-damages","punitive-damages","economic-damages","non-economic-damages"],"legalContext":"Damages in personal injury cases can include economic damages (medical bills, lost wages), non-economic damages (pain and suffering), and sometimes punitive damages.","url":"https://hurtadvice.com/resources/legal-glossary/damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-compensatory-damages","term":"Compensatory Damages","slug":"compensatory-damages","letter":"C","definition":"Money awarded to a plaintiff to compensate for actual losses suffered, including both economic and non-economic damages.","category":"Types of Damages","relatedTerms":["economic-damages","non-economic-damages","special-damages","general-damages"],"legalContext":"The goal of compensatory damages is to make the injured person \"whole\" again by covering all losses caused by the injury, from medical expenses to emotional distress.","url":"https://hurtadvice.com/resources/legal-glossary/compensatory-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/compensatory-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-economic-damages","term":"Economic Damages","slug":"economic-damages","letter":"E","definition":"Quantifiable monetary losses resulting from an injury, including medical expenses, lost wages, property damage, and other out-of-pocket costs.","category":"Types of Damages","relatedTerms":["special-damages","medical-expenses","lost-wages","loss-of-earning-capacity"],"legalContext":"Economic damages are easier to calculate because they have specific dollar amounts. Keep all receipts, bills, and documentation of expenses related to your injury.","url":"https://hurtadvice.com/resources/legal-glossary/economic-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/economic-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-non-economic-damages","term":"Non-Economic Damages","slug":"non-economic-damages","letter":"N","definition":"Compensation for intangible losses that don't have a specific dollar value, such as pain and suffering, emotional distress, and loss of enjoyment of life.","category":"Types of Damages","relatedTerms":["pain-and-suffering","emotional-distress","loss-of-consortium","general-damages"],"legalContext":"Non-economic damages can often exceed economic damages in serious injury cases. There is no cap on non-economic damages in most California personal injury cases.","url":"https://hurtadvice.com/resources/legal-glossary/non-economic-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/non-economic-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-punitive-damages","term":"Punitive Damages","slug":"punitive-damages","letter":"P","definition":"Additional damages awarded to punish the defendant for particularly egregious, malicious, or reckless conduct and to deter similar behavior.","category":"Types of Damages","relatedTerms":["exemplary-damages","gross-negligence","malice"],"legalContext":"Punitive damages are relatively rare in personal injury cases and require proof of malice, fraud, or oppression. They may be awarded in cases involving drunk driving or intentional harm.","url":"https://hurtadvice.com/resources/legal-glossary/punitive-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/punitive-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-pain-and-suffering","term":"Pain and Suffering","slug":"pain-and-suffering","letter":"P","definition":"Physical pain and emotional distress experienced as a result of an injury, compensable as non-economic damages.","category":"Types of Damages","relatedTerms":["non-economic-damages","emotional-distress","general-damages"],"legalContext":"Pain and suffering includes both the physical discomfort from injuries and the mental anguish of dealing with the accident and recovery. Journals documenting daily pain levels can help prove these damages.","url":"https://hurtadvice.com/resources/legal-glossary/pain-and-suffering","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/pain-and-suffering","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-loss-of-consortium","term":"Loss of Consortium","slug":"loss-of-consortium","letter":"L","definition":"A claim by the spouse or family member of an injured person for the loss of companionship, affection, and assistance resulting from the injury.","category":"Types of Damages","relatedTerms":["non-economic-damages","derivative-claim","spousal-claim"],"legalContext":"If your injuries prevent you from maintaining your relationship with your spouse as before, your spouse may have a separate claim for loss of consortium.","url":"https://hurtadvice.com/resources/legal-glossary/loss-of-consortium","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/loss-of-consortium","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-lost-wages","term":"Lost Wages","slug":"lost-wages","letter":"L","definition":"Income that an injured person was unable to earn due to their injuries, including salary, hourly wages, bonuses, and benefits.","category":"Types of Damages","relatedTerms":["economic-damages","loss-of-earning-capacity","special-damages"],"legalContext":"Lost wages are calculated from the date of injury through the date you return to work. Documentation from your employer and pay stubs help prove these damages.","url":"https://hurtadvice.com/resources/legal-glossary/lost-wages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/lost-wages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-loss-of-earning-capacity","term":"Loss of Earning Capacity","slug":"loss-of-earning-capacity","letter":"L","definition":"Compensation for the reduction in a person's ability to earn income in the future due to permanent injuries.","category":"Types of Damages","relatedTerms":["lost-wages","future-damages","vocational-expert"],"legalContext":"If your injuries prevent you from returning to your previous occupation or limit your future career options, you may be entitled to compensation for diminished earning capacity.","url":"https://hurtadvice.com/resources/legal-glossary/loss-of-earning-capacity","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/loss-of-earning-capacity","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-medical-expenses","term":"Medical Expenses","slug":"medical-expenses","letter":"M","definition":"Costs incurred for medical treatment related to injuries, including hospital bills, surgery, medication, physical therapy, and future medical care.","category":"Types of Damages","relatedTerms":["economic-damages","future-medical-expenses","special-damages"],"legalContext":"All reasonable and necessary medical expenses caused by the accident are recoverable. Keep detailed records of every medical visit and expense.","url":"https://hurtadvice.com/resources/legal-glossary/medical-expenses","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/medical-expenses","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-collateral-source-rule","term":"Collateral Source Rule","slug":"collateral-source-rule","letter":"C","definition":"A rule that prevents reduction of damages based on compensation the plaintiff received from independent sources.","category":"Types of Damages","relatedTerms":["setoff","damages","insurance-benefits"],"legalContext":"Under this rule, your damages aren't reduced just because your health insurance paid your medical bills. The defendant can't benefit from your foresight in having insurance.","url":"https://hurtadvice.com/resources/legal-glossary/collateral-source-rule","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/collateral-source-rule","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-mitigation-of-damages","term":"Mitigation of Damages","slug":"mitigation-of-damages","letter":"M","definition":"The obligation of an injured party to take reasonable steps to minimize their losses.","category":"Types of Damages","relatedTerms":["duty-to-mitigate","reasonableness","failure-to-mitigate"],"legalContext":"If you refuse reasonable medical treatment that would reduce your injuries, the defendant may argue your damages should be reduced accordingly.","url":"https://hurtadvice.com/resources/legal-glossary/mitigation-of-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/mitigation-of-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-future-damages","term":"Future Damages","slug":"future-damages","letter":"F","definition":"Compensation for losses that will continue or occur after the trial, such as ongoing medical care or lost earning capacity.","category":"Types of Damages","relatedTerms":["present-value","life-care-plan","economic-expert"],"legalContext":"Calculating future damages often requires expert testimony from economists, vocational experts, and medical professionals who can project long-term needs.","url":"https://hurtadvice.com/resources/legal-glossary/future-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/future-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-emotional-distress","term":"Emotional Distress","slug":"emotional-distress","letter":"E","definition":"Mental suffering, anguish, or psychological harm caused by another's conduct.","category":"Types of Damages","relatedTerms":["pain-and-suffering","mental-anguish","ptsd"],"legalContext":"Emotional distress damages are recoverable in personal injury cases, especially those involving serious physical injuries or particularly traumatic circumstances.","url":"https://hurtadvice.com/resources/legal-glossary/emotional-distress","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/emotional-distress","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-loss-of-enjoyment-of-life","term":"Loss of Enjoyment of Life","slug":"loss-of-enjoyment-of-life","letter":"L","definition":"Compensation for the inability to participate in activities and pleasures that were part of the plaintiff's life before the injury.","category":"Types of Damages","relatedTerms":["hedonic-damages","quality-of-life","non-economic-damages"],"legalContext":"If your injuries prevent you from playing sports, traveling, or enjoying hobbies you previously loved, you may recover damages for this loss.","url":"https://hurtadvice.com/resources/legal-glossary/loss-of-enjoyment-of-life","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/loss-of-enjoyment-of-life","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-property-damage","term":"Property Damage","slug":"property-damage","letter":"P","definition":"Damage to tangible property, such as vehicles, personal belongings, or real estate.","category":"Types of Damages","relatedTerms":["vehicle-damage","personal-property","economic-damages"],"legalContext":"Property damage claims cover vehicle repairs, replacement, and damage to personal items in the vehicle. These are separate from bodily injury claims.","url":"https://hurtadvice.com/resources/legal-glossary/property-damage","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/property-damage","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-special-damages","term":"Special Damages","slug":"special-damages","letter":"S","definition":"Another term for economic damages—quantifiable monetary losses with specific dollar amounts.","category":"Types of Damages","relatedTerms":["economic-damages","general-damages","out-of-pocket"],"legalContext":"Special damages include medical bills, lost wages, and property damage. They're \"special\" because they're specific to your case and must be proven with documentation.","url":"https://hurtadvice.com/resources/legal-glossary/special-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/special-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-general-damages","term":"General Damages","slug":"general-damages","letter":"G","definition":"Another term for non-economic damages—intangible losses without specific dollar amounts.","category":"Types of Damages","relatedTerms":["non-economic-damages","special-damages","pain-and-suffering"],"legalContext":"General damages include pain and suffering, emotional distress, and loss of enjoyment of life. They're \"general\" because they apply to most injury cases.","url":"https://hurtadvice.com/resources/legal-glossary/general-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/general-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-damages-cap","term":"Damages Cap","slug":"damages-cap","letter":"D","definition":"A legal limit on the amount of damages that can be awarded in certain types of cases.","category":"Types of Damages","relatedTerms":["tort-reform","non-economic-damages","micra"],"legalContext":"California has a $250,000 cap on non-economic damages in medical malpractice cases under MICRA, but no cap for most personal injury cases.","url":"https://hurtadvice.com/resources/legal-glossary/damages-cap","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/damages-cap","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-per-diem","term":"Per Diem Argument","slug":"per-diem","letter":"P","definition":"A method of calculating pain and suffering damages by assigning a daily dollar value and multiplying by the number of affected days.","category":"Types of Damages","relatedTerms":["pain-and-suffering","damages-calculation","closing-argument"],"legalContext":"Attorneys may argue for a per diem amount (e.g., $100/day for pain) multiplied by life expectancy to help juries calculate non-economic damages.","url":"https://hurtadvice.com/resources/legal-glossary/per-diem","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/per-diem","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-loss-of-use","term":"Loss of Use","slug":"loss-of-use","letter":"L","definition":"Compensation for being unable to use property (like a vehicle) while it's being repaired or replaced.","category":"Types of Damages","relatedTerms":["rental-reimbursement","property-damage","economic-damages"],"legalContext":"If your car is in the shop for repairs after an accident, you're entitled to compensation for loss of use, typically in the form of rental car expenses.","url":"https://hurtadvice.com/resources/legal-glossary/loss-of-use","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/loss-of-use","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-present-value","term":"Present Value","slug":"present-value","letter":"P","definition":"The current worth of future payments, discounted to account for interest that could be earned over time.","category":"Types of Damages","relatedTerms":["future-damages","discount-rate","economist"],"legalContext":"Future damages awards are often reduced to present value. A lump sum today is worth more than the same amount spread over many years.","url":"https://hurtadvice.com/resources/legal-glossary/present-value","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/present-value","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-nominal-damages","term":"Nominal Damages","slug":"nominal-damages","letter":"N","definition":"A small sum awarded when a legal wrong occurred but no actual damages resulted.","category":"Types of Damages","relatedTerms":["damages","symbolic-damages","technical-violation"],"legalContext":"Nominal damages (often $1) establish that your rights were violated even if you can't prove substantial harm. They're rare in personal injury cases.","url":"https://hurtadvice.com/resources/legal-glossary/nominal-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/nominal-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-exemplary-damages","term":"Exemplary Damages","slug":"exemplary-damages","letter":"E","definition":"Another term for punitive damages, awarded to make an example of the defendant.","category":"Types of Damages","relatedTerms":["punitive-damages","gross-negligence","malice"],"legalContext":"Exemplary damages punish particularly egregious conduct and deter similar behavior by others.","url":"https://hurtadvice.com/resources/legal-glossary/exemplary-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/exemplary-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-incidental-damages","term":"Incidental Damages","slug":"incidental-damages","letter":"I","definition":"Minor costs incurred as a result of an injury, such as transportation to medical appointments.","category":"Types of Damages","relatedTerms":["economic-damages","out-of-pocket","special-damages"],"legalContext":"While individually small, incidental damages add up and are recoverable as economic damages.","url":"https://hurtadvice.com/resources/legal-glossary/incidental-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/incidental-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-consequential-damages","term":"Consequential Damages","slug":"consequential-damages","letter":"C","definition":"Damages that don't flow directly from the wrongful act but are a consequence of it.","category":"Types of Damages","relatedTerms":["indirect-damages","foreseeability","special-damages"],"legalContext":"Consequential damages include secondary effects like lost business opportunities or relationship strain resulting from injuries.","url":"https://hurtadvice.com/resources/legal-glossary/consequential-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/consequential-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-treble-damages","term":"Treble Damages","slug":"treble-damages","letter":"T","definition":"Damages tripled by statute in certain types of cases.","category":"Types of Damages","relatedTerms":["statutory-damages","punitive-damages","multiplier"],"legalContext":"Some statutes (like certain fraud or unfair business practice laws) allow courts to triple damages as additional punishment.","url":"https://hurtadvice.com/resources/legal-glossary/treble-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/treble-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"}],"Insurance Terms":[{"id":"term-insurance-claim","term":"Insurance Claim","slug":"insurance-claim","letter":"I","definition":"A formal request to an insurance company for coverage or compensation for a covered loss or policy event.","category":"Insurance Terms","relatedTerms":["insurance-policy","claims-adjuster","coverage"],"legalContext":"After an accident, you typically file an insurance claim with the at-fault party's insurer (third-party claim) or your own insurer (first-party claim) depending on the circumstances.","url":"https://hurtadvice.com/resources/legal-glossary/insurance-claim","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/insurance-claim","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-claims-adjuster","term":"Claims Adjuster","slug":"claims-adjuster","letter":"C","definition":"An insurance company employee who investigates claims, evaluates damages, and determines how much the insurance company should pay.","category":"Insurance Terms","relatedTerms":["insurance-claim","settlement-offer","bad-faith"],"legalContext":"Remember that claims adjusters work for the insurance company, not for you. Their goal is often to minimize the payout. Be cautious about what you say and consider having an attorney handle communications.","url":"https://hurtadvice.com/resources/legal-glossary/claims-adjuster","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/claims-adjuster","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-policy-limits","term":"Policy Limits","slug":"policy-limits","letter":"P","definition":"The maximum amount an insurance company will pay for a covered claim under an insurance policy.","category":"Insurance Terms","relatedTerms":["coverage","underinsured-motorist","umbrella-policy"],"legalContext":"If your damages exceed the at-fault party's policy limits, you may need to pursue additional sources of recovery, such as your own underinsured motorist coverage or the defendant's personal assets.","url":"https://hurtadvice.com/resources/legal-glossary/policy-limits","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/policy-limits","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-liability-insurance","term":"Liability Insurance","slug":"liability-insurance","letter":"L","definition":"Insurance coverage that pays for injuries or damages that the policyholder causes to others.","category":"Insurance Terms","relatedTerms":["bodily-injury-liability","property-damage-liability","minimum-coverage"],"legalContext":"California law requires all drivers to carry minimum liability insurance. When you're injured by another driver, their liability insurance should cover your damages up to the policy limits.","url":"https://hurtadvice.com/resources/legal-glossary/liability-insurance","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/liability-insurance","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-bodily-injury-liability","term":"Bodily Injury Liability","slug":"bodily-injury-liability","letter":"B","definition":"Insurance coverage that pays for injuries you cause to others in an accident you caused.","category":"Insurance Terms","relatedTerms":["liability-insurance","policy-limits","coverage"],"legalContext":"California requires minimum bodily injury liability coverage of $15,000 per person and $30,000 per accident. However, serious injuries often exceed these minimums.","url":"https://hurtadvice.com/resources/legal-glossary/bodily-injury-liability","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/bodily-injury-liability","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-uninsured-motorist-coverage","term":"Uninsured Motorist Coverage","slug":"uninsured-motorist-coverage","letter":"U","definition":"Insurance coverage that protects you if you're injured by a driver who has no insurance.","category":"Insurance Terms","relatedTerms":["underinsured-motorist","um-coverage","first-party-claim"],"legalContext":"California insurers must offer UM coverage. If you're hit by an uninsured driver or a hit-and-run driver who cannot be identified, your own UM coverage can pay for your injuries.","url":"https://hurtadvice.com/resources/legal-glossary/uninsured-motorist-coverage","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/uninsured-motorist-coverage","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-underinsured-motorist-coverage","term":"Underinsured Motorist Coverage","slug":"underinsured-motorist-coverage","letter":"U","definition":"Insurance coverage that pays the difference when the at-fault driver's insurance is insufficient to cover your damages.","category":"Insurance Terms","relatedTerms":["uninsured-motorist-coverage","policy-limits","stacking"],"legalContext":"If your damages are $100,000 but the at-fault driver only has $15,000 in coverage, your UIM coverage can make up the difference (up to your policy limits).","url":"https://hurtadvice.com/resources/legal-glossary/underinsured-motorist-coverage","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/underinsured-motorist-coverage","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-med-pay","term":"Med Pay (Medical Payments Coverage)","slug":"med-pay","letter":"M","definition":"Optional auto insurance coverage that pays for medical expenses regardless of who was at fault in an accident.","category":"Insurance Terms","relatedTerms":["pip","first-party-coverage","no-fault"],"legalContext":"MedPay can help cover immediate medical expenses while you wait for a settlement. It's \"no-fault\" coverage, meaning it pays regardless of who caused the accident.","url":"https://hurtadvice.com/resources/legal-glossary/med-pay","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/med-pay","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-pip","term":"PIP (Personal Injury Protection)","slug":"pip","letter":"P","definition":"A type of no-fault auto insurance coverage that pays for medical expenses, lost wages, and other costs regardless of fault.","category":"Insurance Terms","relatedTerms":["med-pay","no-fault-insurance","first-party-coverage"],"legalContext":"California does not require PIP coverage (it's a tort state), but some policies may include it. PIP is more common in no-fault insurance states.","url":"https://hurtadvice.com/resources/legal-glossary/pip","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/pip","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-subrogation","term":"Subrogation","slug":"subrogation","letter":"S","definition":"The right of an insurance company to pursue a third party that caused an insurance loss to the insured.","category":"Insurance Terms","relatedTerms":["lien","reimbursement","third-party-claim"],"legalContext":"If your health insurance pays your medical bills after an accident, they may have subrogation rights to recover those payments from any settlement you receive from the at-fault party.","url":"https://hurtadvice.com/resources/legal-glossary/subrogation","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/subrogation","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-bad-faith","term":"Bad Faith","slug":"bad-faith","letter":"B","definition":"Dishonest or unfair conduct by an insurance company in handling claims, such as unreasonably denying valid claims or delaying payments.","category":"Insurance Terms","relatedTerms":["claims-adjuster","denial","unfair-claims-practices"],"legalContext":"If your insurance company acts in bad faith, you may have grounds for a separate bad faith lawsuit, which can result in additional damages beyond your original claim.","url":"https://hurtadvice.com/resources/legal-glossary/bad-faith","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/bad-faith","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-reservation-of-rights","term":"Reservation of Rights","slug":"reservation-of-rights","letter":"R","definition":"A notice from an insurance company stating they will investigate a claim but reserve the right to deny coverage later.","category":"Insurance Terms","relatedTerms":["coverage-dispute","denial","policy-exclusion"],"legalContext":"When you receive a reservation of rights letter, the insurance company is warning that while they're investigating, they may ultimately determine the incident isn't covered.","url":"https://hurtadvice.com/resources/legal-glossary/reservation-of-rights","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/reservation-of-rights","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-deductible","term":"Deductible","slug":"deductible","letter":"D","definition":"The amount of money you must pay out-of-pocket before your insurance coverage begins to pay.","category":"Insurance Terms","relatedTerms":["premium","coverage","out-of-pocket"],"legalContext":"If you file a claim under your own collision coverage, you'll pay the deductible first. If you recover from the at-fault party, you may be able to recover your deductible as well.","url":"https://hurtadvice.com/resources/legal-glossary/deductible","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/deductible","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-premium","term":"Premium","slug":"premium","letter":"P","definition":"The amount of money paid to an insurance company for coverage, typically on a monthly or annual basis.","category":"Insurance Terms","relatedTerms":["deductible","coverage","policy"],"legalContext":"Your insurance premiums may increase after an accident, even if you weren't at fault. This is a factor to consider when deciding whether to file certain types of claims.","url":"https://hurtadvice.com/resources/legal-glossary/premium","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/premium","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-good-faith","term":"Good Faith","slug":"good-faith","letter":"G","definition":"Honesty and fairness in dealing with others, including honest intent and absence of fraud or seeking unfair advantage.","category":"Insurance Terms","relatedTerms":["bad-faith","fair-dealing","fiduciary-duty"],"legalContext":"Insurance companies have a duty to handle claims in good faith. When they don't, they may be liable for bad faith, potentially resulting in additional damages.","url":"https://hurtadvice.com/resources/legal-glossary/good-faith","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/good-faith","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-personal-injury-protection","term":"Personal Injury Protection (PIP)","slug":"personal-injury-protection","letter":"P","definition":"Insurance coverage that pays for medical expenses and lost wages regardless of fault.","category":"Insurance Terms","relatedTerms":["med-pay","no-fault","first-party-coverage"],"legalContext":"California doesn't require PIP (it's an at-fault state), but some policies include it. PIP coverage provides immediate benefits without determining fault.","url":"https://hurtadvice.com/resources/legal-glossary/personal-injury-protection","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/personal-injury-protection","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-actual-cash-value","term":"Actual Cash Value (ACV)","slug":"actual-cash-value","letter":"A","definition":"The fair market value of property, typically calculated as replacement cost minus depreciation.","category":"Insurance Terms","relatedTerms":["fair-market-value","replacement-cost","total-loss"],"legalContext":"When your car is totaled, the insurance company pays actual cash value—what your car was worth just before the accident, not what you paid for it.","url":"https://hurtadvice.com/resources/legal-glossary/actual-cash-value","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/actual-cash-value","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"}],"Medical & Injury Terms":[{"id":"term-traumatic-brain-injury","term":"Traumatic Brain Injury (TBI)","slug":"traumatic-brain-injury","letter":"T","definition":"A brain injury caused by an external force, such as a blow to the head, that disrupts normal brain function.","category":"Medical & Injury Terms","relatedTerms":["concussion","closed-head-injury","brain-damage"],"legalContext":"TBIs can range from mild concussions to severe injuries causing permanent disability. They often require extensive medical documentation and expert testimony to prove the full extent of damages.","url":"https://hurtadvice.com/resources/legal-glossary/traumatic-brain-injury","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/traumatic-brain-injury","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-whiplash","term":"Whiplash","slug":"whiplash","letter":"W","definition":"A neck injury caused by rapid back-and-forth movement of the neck, commonly occurring in rear-end collisions.","category":"Medical & Injury Terms","relatedTerms":["soft-tissue-injury","cervical-strain","neck-injury"],"legalContext":"Whiplash is one of the most common car accident injuries. Despite being called a \"soft tissue\" injury, it can cause significant pain and long-term complications.","url":"https://hurtadvice.com/resources/legal-glossary/whiplash","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/whiplash","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-soft-tissue-injury","term":"Soft Tissue Injury","slug":"soft-tissue-injury","letter":"S","definition":"Damage to muscles, ligaments, or tendons, as opposed to injuries affecting bones or organs.","category":"Medical & Injury Terms","relatedTerms":["whiplash","sprain","strain","contusion"],"legalContext":"Insurance companies often try to minimize soft tissue injuries. However, these injuries can cause chronic pain and disability. Thorough medical documentation is essential.","url":"https://hurtadvice.com/resources/legal-glossary/soft-tissue-injury","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/soft-tissue-injury","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-herniated-disc","term":"Herniated Disc","slug":"herniated-disc","letter":"H","definition":"A condition where the soft center of a spinal disc pushes through a crack in the tougher exterior, potentially pressing on nerves.","category":"Medical & Injury Terms","relatedTerms":["bulging-disc","spinal-injury","radiculopathy"],"legalContext":"Herniated discs are common in car accidents and can cause severe pain, numbness, and weakness. Treatment may range from physical therapy to surgery.","url":"https://hurtadvice.com/resources/legal-glossary/herniated-disc","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/herniated-disc","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-spinal-cord-injury","term":"Spinal Cord Injury","slug":"spinal-cord-injury","letter":"S","definition":"Damage to the spinal cord that results in loss of function, sensation, or mobility below the level of injury.","category":"Medical & Injury Terms","relatedTerms":["paralysis","paraplegia","quadriplegia","catastrophic-injury"],"legalContext":"Spinal cord injuries are among the most catastrophic, often resulting in paralysis. These cases typically involve substantial damages for lifelong care and lost earning capacity.","url":"https://hurtadvice.com/resources/legal-glossary/spinal-cord-injury","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/spinal-cord-injury","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-maximum-medical-improvement","term":"Maximum Medical Improvement (MMI)","slug":"maximum-medical-improvement","letter":"M","definition":"The point at which an injury has healed as much as it ever will, and no further significant improvement is expected.","category":"Medical & Injury Terms","relatedTerms":["prognosis","permanent-impairment","future-medical-expenses"],"legalContext":"It's important to reach MMI before settling your case, as settling too early may leave you without compensation for future medical needs or permanent impairments.","url":"https://hurtadvice.com/resources/legal-glossary/maximum-medical-improvement","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/maximum-medical-improvement","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-pre-existing-condition","term":"Pre-Existing Condition","slug":"pre-existing-condition","letter":"P","definition":"A medical condition that existed before the accident in question.","category":"Medical & Injury Terms","relatedTerms":["eggshell-plaintiff","aggravation","prior-injury"],"legalContext":"Under the \"eggshell plaintiff\" rule, defendants must take victims as they find them. If an accident aggravates a pre-existing condition, you can recover damages for that aggravation.","url":"https://hurtadvice.com/resources/legal-glossary/pre-existing-condition","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/pre-existing-condition","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-independent-medical-examination","term":"Independent Medical Examination (IME)","slug":"independent-medical-examination","letter":"I","definition":"A medical examination conducted by a doctor chosen by the insurance company to evaluate your injuries.","category":"Medical & Injury Terms","relatedTerms":["compulsory-medical-examination","defense-medical-exam"],"legalContext":"Despite the name, IME doctors are often biased toward the insurance company. Be honest and consistent, and document everything. You may want your attorney present.","url":"https://hurtadvice.com/resources/legal-glossary/independent-medical-examination","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/independent-medical-examination","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-permanent-impairment","term":"Permanent Impairment","slug":"permanent-impairment","letter":"P","definition":"A lasting physical or mental condition that remains after an injury has healed as much as possible.","category":"Medical & Injury Terms","relatedTerms":["maximum-medical-improvement","disability-rating","functional-capacity"],"legalContext":"Permanent impairment ratings, typically expressed as a percentage, help quantify the lasting effects of an injury for purposes of calculating damages.","url":"https://hurtadvice.com/resources/legal-glossary/permanent-impairment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/permanent-impairment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-catastrophic-injury","term":"Catastrophic Injury","slug":"catastrophic-injury","letter":"C","definition":"A severe injury that results in permanent disability, disfigurement, or significantly impacts a person's ability to perform daily activities.","category":"Medical & Injury Terms","relatedTerms":["permanent-disability","life-care-plan","spinal-cord-injury"],"legalContext":"Catastrophic injuries include spinal cord damage, severe brain injuries, amputations, and severe burns. 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The provider agrees to wait for payment until the case settles.","url":"https://hurtadvice.com/resources/legal-glossary/letter-of-protection","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/letter-of-protection","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-prognosis","term":"Prognosis","slug":"prognosis","letter":"P","definition":"A medical prediction about the likely course and outcome of an injury or illness.","category":"Medical & Injury Terms","relatedTerms":["maximum-medical-improvement","future-damages","diagnosis"],"legalContext":"Your prognosis affects case value significantly. A good prognosis may mean lower damages; a poor prognosis may support substantial future damages.","url":"https://hurtadvice.com/resources/legal-glossary/prognosis","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/prognosis","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-impairment-rating","term":"Impairment Rating","slug":"impairment-rating","letter":"I","definition":"A medical assessment of the permanent loss of function resulting from an injury, expressed as a percentage.","category":"Medical & Injury Terms","relatedTerms":["permanent-impairment","disability","functional-loss"],"legalContext":"Impairment ratings help quantify permanent injuries for damages calculations. They're determined using standardized medical guidelines.","url":"https://hurtadvice.com/resources/legal-glossary/impairment-rating","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/impairment-rating","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-work-restriction","term":"Work Restriction","slug":"work-restriction","letter":"W","definition":"Limitations placed on a person's work activities by a doctor due to injury.","category":"Medical & Injury Terms","relatedTerms":["light-duty","disability","vocational-impact"],"legalContext":"Work restrictions document your inability to perform certain job duties, supporting claims for lost wages and lost earning capacity.","url":"https://hurtadvice.com/resources/legal-glossary/work-restriction","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/work-restriction","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-functional-capacity-evaluation","term":"Functional Capacity Evaluation (FCE)","slug":"functional-capacity-evaluation","letter":"F","definition":"A comprehensive test measuring an injured person's physical abilities and work capacity.","category":"Medical & Injury Terms","relatedTerms":["work-restriction","disability","vocational-rehabilitation"],"legalContext":"FCEs are used to determine work restrictions and lost earning capacity. They're conducted by physical therapists or occupational therapists.","url":"https://hurtadvice.com/resources/legal-glossary/functional-capacity-evaluation","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/functional-capacity-evaluation","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"}],"Court & Litigation":[{"id":"term-complaint","term":"Complaint","slug":"complaint","letter":"C","definition":"The initial legal document filed by the plaintiff to begin a lawsuit, stating the facts and legal basis for the claim.","category":"Court & Litigation","relatedTerms":["petition","pleading","filing"],"legalContext":"The complaint identifies the parties, describes the accident and injuries, and specifies the damages sought. 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The answer may also include affirmative defenses and counterclaims.","url":"https://hurtadvice.com/resources/legal-glossary/answer","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/answer","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-discovery","term":"Discovery","slug":"discovery","letter":"D","definition":"The pre-trial process where both sides exchange information and evidence related to the case.","category":"Court & Litigation","relatedTerms":["interrogatories","deposition","subpoena","request-for-production"],"legalContext":"Discovery includes interrogatories (written questions), requests for documents, depositions, and requests for admissions. 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Your attorney will prepare you for your deposition to ensure you answer accurately without volunteering harmful information.","url":"https://hurtadvice.com/resources/legal-glossary/deposition","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/deposition","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-interrogatories","term":"Interrogatories","slug":"interrogatories","letter":"I","definition":"Written questions sent by one party to another that must be answered under oath.","category":"Court & Litigation","relatedTerms":["discovery","request-for-production","written-discovery"],"legalContext":"Interrogatories are a common discovery tool. Answers must be truthful and complete, as they can be used against you at trial if inconsistent with later testimony.","url":"https://hurtadvice.com/resources/legal-glossary/interrogatories","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/interrogatories","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-subpoena","term":"Subpoena","slug":"subpoena","letter":"S","definition":"A legal document commanding a person to appear in court or produce documents.","category":"Court & Litigation","relatedTerms":["discovery","subpoena-duces-tecum","witness"],"legalContext":"Subpoenas can be used to obtain medical records, employment records, or other documents relevant to your case, and to compel witnesses to testify.","url":"https://hurtadvice.com/resources/legal-glossary/subpoena","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/subpoena","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-motion","term":"Motion","slug":"motion","letter":"M","definition":"A formal request asking the court to make a specific ruling or order.","category":"Court & Litigation","relatedTerms":["summary-judgment","motion-to-dismiss","motion-in-limine"],"legalContext":"Common motions include motions to dismiss, motions for summary judgment, and motions in limine (to exclude certain evidence). 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Courts grant summary judgment only when the evidence clearly favors one side.","url":"https://hurtadvice.com/resources/legal-glossary/summary-judgment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/summary-judgment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-verdict","term":"Verdict","slug":"verdict","letter":"V","definition":"The formal decision or finding made by a jury or judge at the conclusion of a trial.","category":"Court & Litigation","relatedTerms":["judgment","jury-trial","bench-trial"],"legalContext":"In personal injury trials, the verdict determines both liability (who was at fault) and damages (how much compensation the plaintiff receives).","url":"https://hurtadvice.com/resources/legal-glossary/verdict","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/verdict","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-judgment","term":"Judgment","slug":"judgment","letter":"J","definition":"The official decision of a court resolving the dispute and determining the rights and obligations of the parties.","category":"Court & Litigation","relatedTerms":["verdict","order","decree"],"legalContext":"A judgment may be entered after trial, summary judgment, or settlement. It becomes enforceable, allowing the winning party to collect the awarded amount.","url":"https://hurtadvice.com/resources/legal-glossary/judgment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/judgment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-appeal","term":"Appeal","slug":"appeal","letter":"A","definition":"A request to a higher court to review and change the decision of a lower court.","category":"Court & Litigation","relatedTerms":["appellate-court","remand","affirm"],"legalContext":"Appeals are based on alleged legal errors, not disagreement with the facts. The appeals process can extend the resolution of a case by months or years.","url":"https://hurtadvice.com/resources/legal-glossary/appeal","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/appeal","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-closing-argument","term":"Closing Argument","slug":"closing-argument","letter":"C","definition":"The final statements by attorneys summarizing the evidence and arguing why their client should win.","category":"Court & Litigation","relatedTerms":["opening-statement","summation","trial"],"legalContext":"Closing arguments are the attorneys' last chance to persuade the jury. They review key evidence and explain how it proves their case.","url":"https://hurtadvice.com/resources/legal-glossary/closing-argument","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/closing-argument","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-jury-instructions","term":"Jury Instructions","slug":"jury-instructions","letter":"J","definition":"The judge's explanation to the jury about the law they must apply in reaching their verdict.","category":"Court & Litigation","relatedTerms":["jury-charge","verdict","legal-standards"],"legalContext":"Jury instructions explain legal concepts like negligence, burden of proof, and how to calculate damages. Incorrect instructions can be grounds for appeal.","url":"https://hurtadvice.com/resources/legal-glossary/jury-instructions","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/jury-instructions","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-injunction","term":"Injunction","slug":"injunction","letter":"I","definition":"A court order requiring a party to do or refrain from doing a specific act.","category":"Court & Litigation","relatedTerms":["restraining-order","equitable-relief","court-order"],"legalContext":"While most personal injury cases seek monetary damages, injunctions may be sought to stop ongoing harmful conduct.","url":"https://hurtadvice.com/resources/legal-glossary/injunction","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/injunction","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-class-action","term":"Class Action","slug":"class-action","letter":"C","definition":"A lawsuit where one or more plaintiffs sue on behalf of a larger group with similar claims.","category":"Court & Litigation","relatedTerms":["mass-tort","representative-plaintiff","certification"],"legalContext":"Class actions are used when many people are harmed by the same conduct (like a defective product) and individual lawsuits would be impractical.","url":"https://hurtadvice.com/resources/legal-glossary/class-action","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/class-action","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-mass-tort","term":"Mass Tort","slug":"mass-tort","letter":"M","definition":"A civil action involving numerous plaintiffs against one or few defendants, often involving defective products or disasters.","category":"Court & Litigation","relatedTerms":["class-action","multidistrict-litigation","product-liability"],"legalContext":"Unlike class actions, each plaintiff in a mass tort has their own individual claim. 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The defendant has the burden of proving affirmative defenses.","url":"https://hurtadvice.com/resources/legal-glossary/affirmative-defense","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/affirmative-defense","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-cross-examination","term":"Cross-Examination","slug":"cross-examination","letter":"C","definition":"The questioning of a witness by the opposing party's attorney to test credibility and challenge testimony.","category":"Court & Litigation","relatedTerms":["direct-examination","testimony","impeachment"],"legalContext":"Cross-examination is a fundamental right in trials. It allows attorneys to expose weaknesses in testimony and present alternative interpretations of facts.","url":"https://hurtadvice.com/resources/legal-glossary/cross-examination","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/cross-examination","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-bifurcation","term":"Bifurcation","slug":"bifurcation","letter":"B","definition":"Splitting a trial into separate phases, typically liability and damages.","category":"Court & Litigation","relatedTerms":["trial","liability","damages"],"legalContext":"A court may bifurcate a trial so the jury first decides whether the defendant is liable, and only then hears evidence about damages.","url":"https://hurtadvice.com/resources/legal-glossary/bifurcation","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/bifurcation","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-remittitur","term":"Remittitur","slug":"remittitur","letter":"R","definition":"A court's reduction of a jury's damages award deemed excessive.","category":"Court & Litigation","relatedTerms":["additur","damages","jury-award"],"legalContext":"If a judge believes the jury's damages award is unreasonably high, they may order a remittitur, giving the plaintiff the choice of accepting a lower amount or a new trial.","url":"https://hurtadvice.com/resources/legal-glossary/remittitur","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/remittitur","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-additur","term":"Additur","slug":"additur","letter":"A","definition":"A court's increase of a jury's damages award deemed inadequate.","category":"Court & Litigation","relatedTerms":["remittitur","damages","jury-award"],"legalContext":"California courts can increase damages they find inadequate, though federal courts generally cannot. It's the opposite of remittitur.","url":"https://hurtadvice.com/resources/legal-glossary/additur","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/additur","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-declaratory-judgment","term":"Declaratory Judgment","slug":"declaratory-judgment","letter":"D","definition":"A court ruling that determines the rights and obligations of parties without ordering any specific action.","category":"Court & Litigation","relatedTerms":["coverage-dispute","judgment","legal-determination"],"legalContext":"Insurance companies sometimes seek declaratory judgments to determine whether their policies cover certain claims.","url":"https://hurtadvice.com/resources/legal-glossary/declaratory-judgment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/declaratory-judgment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"}],"Settlement & Negotiation":[{"id":"term-settlement","term":"Settlement","slug":"settlement","letter":"S","definition":"An agreement between parties to resolve a dispute without going to trial, typically involving payment to the injured party.","category":"Settlement & Negotiation","relatedTerms":["settlement-agreement","release","negotiation"],"legalContext":"Most personal injury cases settle before trial. 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It should thoroughly document all damages and support the requested amount.","url":"https://hurtadvice.com/resources/legal-glossary/demand-letter","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/demand-letter","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-release","term":"Release","slug":"release","letter":"R","definition":"A legal document in which one party gives up their right to pursue further claims against another party.","category":"Settlement & Negotiation","relatedTerms":["settlement","waiver","discharge"],"legalContext":"When you settle a personal injury case, you sign a release giving up all future claims related to the accident. Make sure you understand the full extent of your injuries before signing.","url":"https://hurtadvice.com/resources/legal-glossary/release","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/release","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-structured-settlement","term":"Structured Settlement","slug":"structured-settlement","letter":"S","definition":"A settlement paid out in periodic payments over time rather than a single lump sum.","category":"Settlement & Negotiation","relatedTerms":["lump-sum","annuity","settlement"],"legalContext":"Structured settlements can provide tax advantages and ensure funds are available for future needs. They're often used in cases involving minors or catastrophic injuries.","url":"https://hurtadvice.com/resources/legal-glossary/structured-settlement","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/structured-settlement","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-mediation","term":"Mediation","slug":"mediation","letter":"M","definition":"A voluntary dispute resolution process where a neutral third party (mediator) helps the parties reach a settlement.","category":"Settlement & Negotiation","relatedTerms":["arbitration","alternative-dispute-resolution","negotiation"],"legalContext":"Mediation is often required before trial in California. It's non-binding, meaning either party can walk away if no agreement is reached.","url":"https://hurtadvice.com/resources/legal-glossary/mediation","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/mediation","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-arbitration","term":"Arbitration","slug":"arbitration","letter":"A","definition":"A dispute resolution process where a neutral third party (arbitrator) makes a binding decision after hearing both sides.","category":"Settlement & Negotiation","relatedTerms":["mediation","alternative-dispute-resolution","binding-arbitration"],"legalContext":"Unlike mediation, arbitration results in a binding decision. Some contracts (like employment agreements) may require arbitration instead of court litigation.","url":"https://hurtadvice.com/resources/legal-glossary/arbitration","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/arbitration","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-contingency-fee","term":"Contingency Fee","slug":"contingency-fee","letter":"C","definition":"A fee arrangement where the attorney's payment is contingent on winning the case, typically a percentage of the recovery.","category":"Settlement & Negotiation","relatedTerms":["attorney-fees","retainer","fee-agreement"],"legalContext":"Most personal injury attorneys work on contingency, typically 33-40% of the settlement or verdict. You pay nothing upfront and owe nothing if you don't recover.","url":"https://hurtadvice.com/resources/legal-glossary/contingency-fee","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/contingency-fee","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-lien","term":"Lien","slug":"lien","letter":"L","definition":"A legal claim against property or settlement proceeds to secure payment of a debt.","category":"Settlement & Negotiation","relatedTerms":["subrogation","medical-lien","reimbursement"],"legalContext":"Medical providers, health insurers, and government programs like Medicare may place liens on your settlement to recover payments they made for your injury treatment.","url":"https://hurtadvice.com/resources/legal-glossary/lien","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/lien","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-pro-bono","term":"Pro Bono","slug":"pro-bono","letter":"P","definition":"Legal work performed without charge for the public good.","category":"Settlement & Negotiation","relatedTerms":["contingency-fee","legal-aid","free-legal-services"],"legalContext":"Some attorneys take certain cases pro bono. 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However, other types of attorneys may require retainers.","url":"https://hurtadvice.com/resources/legal-glossary/retainer","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/retainer","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-indemnification","term":"Indemnification","slug":"indemnification","letter":"I","definition":"An obligation to compensate another party for losses or damages they incur.","category":"Settlement & Negotiation","relatedTerms":["contribution","hold-harmless","reimbursement"],"legalContext":"Contracts often include indemnification clauses. In multi-party accidents, one defendant may seek indemnification from another who was more at fault.","url":"https://hurtadvice.com/resources/legal-glossary/indemnification","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/indemnification","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-contribution","term":"Contribution","slug":"contribution","letter":"C","definition":"The right of one defendant who paid more than their fair share of damages to recover from other liable defendants.","category":"Settlement & Negotiation","relatedTerms":["indemnification","joint-and-several-liability","apportionment"],"legalContext":"If multiple defendants are liable and one pays the entire judgment, they can seek contribution from the others based on comparative fault.","url":"https://hurtadvice.com/resources/legal-glossary/contribution","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/contribution","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-settlement-conference","term":"Settlement Conference","slug":"settlement-conference","letter":"S","definition":"A meeting between parties, attorneys, and often a judge or mediator to discuss settling the case.","category":"Settlement & Negotiation","relatedTerms":["mediation","pretrial-conference","negotiation"],"legalContext":"Courts often require settlement conferences before trial. A judge may give their assessment of the case, which can motivate settlement.","url":"https://hurtadvice.com/resources/legal-glossary/settlement-conference","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/settlement-conference","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-high-low-agreement","term":"High-Low Agreement","slug":"high-low-agreement","letter":"H","definition":"An agreement setting minimum and maximum amounts the defendant will pay regardless of the verdict.","category":"Settlement & Negotiation","relatedTerms":["settlement","risk-management","verdict"],"legalContext":"High-low agreements reduce risk for both sides. The plaintiff is guaranteed a minimum recovery, while the defendant caps their maximum exposure.","url":"https://hurtadvice.com/resources/legal-glossary/high-low-agreement","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/high-low-agreement","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-mary-carter-agreement","term":"Mary Carter Agreement","slug":"mary-carter-agreement","letter":"M","definition":"A settlement agreement where one defendant settles but remains in the lawsuit, with their payment reduced based on recovery from other defendants.","category":"Settlement & Negotiation","relatedTerms":["settlement","multiple-defendants","disclosure"],"legalContext":"These controversial agreements can create conflicts of interest. Many jurisdictions require disclosure to the jury.","url":"https://hurtadvice.com/resources/legal-glossary/mary-carter-agreement","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/mary-carter-agreement","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-offer-of-judgment","term":"Offer of Judgment","slug":"offer-of-judgment","letter":"O","definition":"A formal settlement offer made under court rules that can shift costs if rejected and the rejecting party doesn't improve their position at trial.","category":"Settlement & Negotiation","relatedTerms":["998-offer","cost-shifting","settlement"],"legalContext":"California Code of Civil Procedure section 998 allows offers of judgment. If rejected and the offeree doesn't do better at trial, they may owe the other side's expert witness fees.","url":"https://hurtadvice.com/resources/legal-glossary/offer-of-judgment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/offer-of-judgment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-demand","term":"Demand","slug":"demand","letter":"D","definition":"The total amount of compensation sought from the defendant or insurance company.","category":"Settlement & Negotiation","relatedTerms":["demand-letter","settlement","valuation"],"legalContext":"Your attorney will calculate a demand based on economic damages, non-economic damages, and the strength of your case. This starts negotiations.","url":"https://hurtadvice.com/resources/legal-glossary/demand","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/demand","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"}],"Evidence & Documentation":[{"id":"term-burden-of-proof","term":"Burden of Proof","slug":"burden-of-proof","letter":"B","definition":"The obligation to prove the truth of facts necessary to establish a claim.","category":"Evidence & Documentation","relatedTerms":["preponderance-of-evidence","standard-of-proof","evidence"],"legalContext":"In civil cases like personal injury, the plaintiff has the burden of proof and must prove their case by a \"preponderance of the evidence\" (more likely than not).","url":"https://hurtadvice.com/resources/legal-glossary/burden-of-proof","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/burden-of-proof","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-preponderance-of-evidence","term":"Preponderance of the Evidence","slug":"preponderance-of-evidence","letter":"P","definition":"The standard of proof in civil cases requiring that the evidence shows it is more likely than not (greater than 50%) that the claim is true.","category":"Evidence & Documentation","relatedTerms":["burden-of-proof","standard-of-proof","evidence"],"legalContext":"This is a lower standard than \"beyond a reasonable doubt\" used in criminal cases. If the evidence slightly favors the plaintiff, they meet their burden.","url":"https://hurtadvice.com/resources/legal-glossary/preponderance-of-evidence","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/preponderance-of-evidence","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-expert-witness","term":"Expert Witness","slug":"expert-witness","letter":"E","definition":"A witness with specialized knowledge, training, or experience who provides expert opinions to help the jury understand technical issues.","category":"Evidence & Documentation","relatedTerms":["testimony","opinion-testimony","lay-witness"],"legalContext":"Personal injury cases often use medical experts (to explain injuries), accident reconstructionists (to explain how crashes occurred), and economists (to calculate damages).","url":"https://hurtadvice.com/resources/legal-glossary/expert-witness","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/expert-witness","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-police-report","term":"Police Report","slug":"police-report","letter":"P","definition":"An official document prepared by law enforcement officers documenting the details of an accident or incident.","category":"Evidence & Documentation","relatedTerms":["accident-report","evidence","documentation"],"legalContext":"Police reports are valuable evidence containing witness statements, officer observations, and sometimes fault determinations. Get a copy of any police report filed about your accident.","url":"https://hurtadvice.com/resources/legal-glossary/police-report","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/police-report","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-medical-records","term":"Medical Records","slug":"medical-records","letter":"M","definition":"Documentation of a patient's medical history, diagnoses, treatments, and prognosis.","category":"Evidence & Documentation","relatedTerms":["documentation","evidence","hipaa"],"legalContext":"Medical records are crucial evidence in personal injury cases, proving the nature and extent of injuries, the treatment received, and the connection to the accident.","url":"https://hurtadvice.com/resources/legal-glossary/medical-records","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/medical-records","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-affidavit","term":"Affidavit","slug":"affidavit","letter":"A","definition":"A written statement of facts made under oath.","category":"Evidence & Documentation","relatedTerms":["declaration","sworn-statement","oath"],"legalContext":"Affidavits are used to present evidence in written form. Lying in an affidavit constitutes perjury and can have serious legal consequences.","url":"https://hurtadvice.com/resources/legal-glossary/affidavit","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/affidavit","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-prima-facie","term":"Prima Facie","slug":"prima-facie","letter":"P","definition":"Latin for \"at first sight.\" Evidence sufficient to establish a fact or case unless contradicted.","category":"Evidence & Documentation","relatedTerms":["burden-of-proof","evidence","elements"],"legalContext":"A plaintiff must present a prima facie case showing all elements of their claim before the defendant is required to present a defense.","url":"https://hurtadvice.com/resources/legal-glossary/prima-facie","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/prima-facie","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-admissible-evidence","term":"Admissible Evidence","slug":"admissible-evidence","letter":"A","definition":"Evidence that meets legal requirements and can be presented in court.","category":"Evidence & Documentation","relatedTerms":["inadmissible","relevance","hearsay"],"legalContext":"Not all evidence is admissible. Rules of evidence exclude certain types of evidence, such as hearsay (with exceptions) and evidence obtained illegally.","url":"https://hurtadvice.com/resources/legal-glossary/admissible-evidence","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/admissible-evidence","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-hearsay","term":"Hearsay","slug":"hearsay","letter":"H","definition":"An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible in court.","category":"Evidence & Documentation","relatedTerms":["admissible-evidence","exception","out-of-court-statement"],"legalContext":"Hearsay is generally not allowed because the person who made the statement isn't available for cross-examination. However, many exceptions exist.","url":"https://hurtadvice.com/resources/legal-glossary/hearsay","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/hearsay","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-testimony","term":"Testimony","slug":"testimony","letter":"T","definition":"Evidence given by a witness under oath, either orally in court or in a written deposition.","category":"Evidence & Documentation","relatedTerms":["witness","deposition","cross-examination"],"legalContext":"Testimony from the parties, eyewitnesses, and experts is crucial evidence in personal injury trials. Inconsistencies in testimony can damage credibility.","url":"https://hurtadvice.com/resources/legal-glossary/testimony","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/testimony","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-impeachment","term":"Impeachment","slug":"impeachment","letter":"I","definition":"Challenging the credibility of a witness, often by showing prior inconsistent statements or bias.","category":"Evidence & Documentation","relatedTerms":["credibility","cross-examination","prior-inconsistent-statement"],"legalContext":"If a witness testified differently at deposition than at trial, their credibility can be impeached with the prior inconsistent statement.","url":"https://hurtadvice.com/resources/legal-glossary/impeachment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/impeachment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-pain-diary","term":"Pain Diary/Journal","slug":"pain-diary","letter":"P","definition":"A daily record of pain levels, symptoms, and how injuries affect daily life.","category":"Evidence & Documentation","relatedTerms":["documentation","pain-and-suffering","evidence"],"legalContext":"Keeping a pain diary helps document non-economic damages and provides specific details that make your suffering real to a jury.","url":"https://hurtadvice.com/resources/legal-glossary/pain-diary","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/pain-diary","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-day-in-the-life-video","term":"Day in the Life Video","slug":"day-in-the-life-video","letter":"D","definition":"A documentary-style video showing the daily challenges and limitations faced by a catastrophically injured person.","category":"Evidence & Documentation","relatedTerms":["demonstrative-evidence","catastrophic-injury","trial-exhibit"],"legalContext":"These powerful videos help juries understand the full impact of severe injuries and are often used in cases involving permanent disabilities.","url":"https://hurtadvice.com/resources/legal-glossary/day-in-the-life-video","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/day-in-the-life-video","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-vocational-expert","term":"Vocational Expert","slug":"vocational-expert","letter":"V","definition":"A professional who assesses how injuries affect a person's ability to work and earn income.","category":"Evidence & Documentation","relatedTerms":["expert-witness","loss-of-earning-capacity","economic-damages"],"legalContext":"Vocational experts testify about lost earning capacity, job retraining needs, and the impact of injuries on employment options.","url":"https://hurtadvice.com/resources/legal-glossary/vocational-expert","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/vocational-expert","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-economist","term":"Economist (Forensic)","slug":"economist","letter":"E","definition":"An expert who calculates the economic value of damages, including lost wages, lost earning capacity, and medical costs.","category":"Evidence & Documentation","relatedTerms":["expert-witness","future-damages","present-value"],"legalContext":"Forensic economists use financial analysis to project future losses and calculate present values, helping juries understand the full economic impact of injuries.","url":"https://hurtadvice.com/resources/legal-glossary/economist","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/economist","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"}],"Vehicle Accidents":[{"id":"term-collision-coverage","term":"Collision Coverage","slug":"collision-coverage","letter":"C","definition":"Auto insurance that pays for damage to your vehicle from a collision, regardless of fault.","category":"Vehicle Accidents","relatedTerms":["comprehensive-coverage","first-party-coverage","auto-insurance"],"legalContext":"If you're in an accident and the other driver is uninsured or underinsured, collision coverage can pay for your vehicle repairs (minus deductible).","url":"https://hurtadvice.com/resources/legal-glossary/collision-coverage","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/collision-coverage","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-comprehensive-coverage","term":"Comprehensive Coverage","slug":"comprehensive-coverage","letter":"C","definition":"Auto insurance covering damage to your vehicle from non-collision events like theft, vandalism, weather, or animal strikes.","category":"Vehicle Accidents","relatedTerms":["collision-coverage","auto-insurance","first-party-coverage"],"legalContext":"Comprehensive coverage is optional but provides protection for many risks not covered by collision insurance.","url":"https://hurtadvice.com/resources/legal-glossary/comprehensive-coverage","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/comprehensive-coverage","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-total-loss","term":"Total Loss","slug":"total-loss","letter":"T","definition":"When a vehicle is so damaged that repair costs exceed its value, or it's impossible to repair safely.","category":"Vehicle Accidents","relatedTerms":["salvage-title","diminished-value","actual-cash-value"],"legalContext":"Insurance companies declare a total loss when repair costs exceed a certain percentage (often 70-80%) of the vehicle's value. You're entitled to fair market value.","url":"https://hurtadvice.com/resources/legal-glossary/total-loss","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/total-loss","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-diminished-value","term":"Diminished Value","slug":"diminished-value","letter":"D","definition":"The reduction in a vehicle's market value after it has been damaged and repaired.","category":"Vehicle Accidents","relatedTerms":["total-loss","fair-market-value","property-damage"],"legalContext":"Even after proper repairs, a car with an accident history is worth less than one without. California allows you to claim diminished value from the at-fault driver.","url":"https://hurtadvice.com/resources/legal-glossary/diminished-value","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/diminished-value","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-hit-and-run","term":"Hit and Run","slug":"hit-and-run","letter":"H","definition":"An accident where a driver flees the scene without stopping to provide information or render aid.","category":"Vehicle Accidents","relatedTerms":["uninsured-motorist-coverage","phantom-vehicle","leaving-scene"],"legalContext":"Hit and run is a crime. If you're injured by a hit-and-run driver, you may be able to recover through your uninsured motorist coverage.","url":"https://hurtadvice.com/resources/legal-glossary/hit-and-run","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/hit-and-run","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-rear-end-collision","term":"Rear-End Collision","slug":"rear-end-collision","letter":"R","definition":"An accident where one vehicle strikes the back of another vehicle.","category":"Vehicle Accidents","relatedTerms":["following-distance","whiplash","chain-reaction"],"legalContext":"The rear driver is usually at fault in rear-end collisions due to following too closely or failing to stop. However, there can be exceptions, such as sudden lane changes.","url":"https://hurtadvice.com/resources/legal-glossary/rear-end-collision","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/rear-end-collision","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-t-bone-accident","term":"T-Bone Accident","slug":"t-bone-accident","letter":"T","definition":"A collision where the front of one vehicle strikes the side of another, forming a \"T\" shape.","category":"Vehicle Accidents","relatedTerms":["intersection-accident","side-impact","right-of-way"],"legalContext":"Also called side-impact or broadside collisions, T-bone accidents often occur at intersections and can cause severe injuries to occupants on the struck side.","url":"https://hurtadvice.com/resources/legal-glossary/t-bone-accident","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/t-bone-accident","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-head-on-collision","term":"Head-On Collision","slug":"head-on-collision","letter":"H","definition":"An accident where the fronts of two vehicles traveling in opposite directions collide.","category":"Vehicle Accidents","relatedTerms":["frontal-collision","wrong-way-driver","catastrophic-injury"],"legalContext":"Head-on collisions are among the deadliest types of crashes due to the combined force of both vehicles' speeds. They often result in catastrophic injuries or fatalities.","url":"https://hurtadvice.com/resources/legal-glossary/head-on-collision","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/head-on-collision","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-rollover-accident","term":"Rollover Accident","slug":"rollover-accident","letter":"R","definition":"An accident where a vehicle tips over onto its side or roof.","category":"Vehicle Accidents","relatedTerms":["roof-crush","ejection","product-liability"],"legalContext":"Rollovers often involve SUVs and trucks with higher centers of gravity. Roof crush and ejection are major injury mechanisms in rollovers.","url":"https://hurtadvice.com/resources/legal-glossary/rollover-accident","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/rollover-accident","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-multi-vehicle-accident","term":"Multi-Vehicle Accident","slug":"multi-vehicle-accident","letter":"M","definition":"An accident involving three or more vehicles, also called a chain-reaction or pile-up accident.","category":"Vehicle Accidents","relatedTerms":["chain-reaction","pile-up","multiple-defendants"],"legalContext":"Determining liability in multi-vehicle accidents is complex. Multiple parties may share fault, and multiple insurance policies may be involved.","url":"https://hurtadvice.com/resources/legal-glossary/multi-vehicle-accident","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/multi-vehicle-accident","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"}],"Workplace Injuries":[{"id":"term-workers-compensation","term":"Workers' Compensation","slug":"workers-compensation","letter":"W","definition":"A system of insurance providing benefits to employees who suffer work-related injuries or illnesses, regardless of fault.","category":"Workplace Injuries","relatedTerms":["work-injury","occupational-injury","employer-liability"],"legalContext":"Workers' comp provides medical benefits and wage replacement but typically limits your ability to sue your employer. However, third-party claims may still be possible.","url":"https://hurtadvice.com/resources/legal-glossary/workers-compensation","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/workers-compensation","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-third-party-claim","term":"Third-Party Claim","slug":"third-party-claim","letter":"T","definition":"A personal injury claim against someone other than your employer for a workplace injury.","category":"Workplace Injuries","relatedTerms":["workers-compensation","product-liability","subcontractor"],"legalContext":"If a defective machine or negligent contractor caused your work injury, you can file a third-party claim in addition to receiving workers' compensation benefits.","url":"https://hurtadvice.com/resources/legal-glossary/third-party-claim","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/third-party-claim","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-osha","term":"OSHA (Occupational Safety and Health Administration)","slug":"osha","letter":"O","definition":"The federal agency responsible for setting and enforcing workplace safety standards.","category":"Workplace Injuries","relatedTerms":["safety-violation","workplace-safety","regulatory-compliance"],"legalContext":"OSHA violations can be evidence of negligence in workplace injury cases. Serious violations may support third-party claims or claims for additional damages.","url":"https://hurtadvice.com/resources/legal-glossary/osha","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/osha","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"}],"Personal Injury Basics":[{"id":"term-wrongful-death","term":"Wrongful Death","slug":"wrongful-death","letter":"W","definition":"A civil action brought when someone dies due to another's negligence or intentional act.","category":"Personal Injury Basics","relatedTerms":["survival-action","beneficiary","death-claim"],"legalContext":"Wrongful death claims are brought by surviving family members (spouse, children, parents) for their losses, including loss of financial support and companionship.","url":"https://hurtadvice.com/resources/legal-glossary/wrongful-death","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/wrongful-death","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-survival-action","term":"Survival Action","slug":"survival-action","letter":"S","definition":"A lawsuit on behalf of a deceased person's estate for damages the person suffered before death.","category":"Personal Injury Basics","relatedTerms":["wrongful-death","estate","decedent"],"legalContext":"Unlike wrongful death claims (for survivors' losses), survival actions recover damages the deceased experienced, such as medical expenses and pain before death.","url":"https://hurtadvice.com/resources/legal-glossary/survival-action","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/survival-action","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-claim","term":"Claim","slug":"claim","letter":"C","definition":"A demand for compensation or remedy for a perceived injury or loss.","category":"Personal Injury Basics","relatedTerms":["lawsuit","demand","cause-of-action"],"legalContext":"You can pursue an insurance claim (directly with the insurance company) or a legal claim (through the court system). Many claims settle without filing a lawsuit.","url":"https://hurtadvice.com/resources/legal-glossary/claim","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/claim","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-cause-of-action","term":"Cause of Action","slug":"cause-of-action","letter":"C","definition":"The legal basis or grounds for filing a lawsuit.","category":"Personal Injury Basics","relatedTerms":["claim","complaint","legal-theory"],"legalContext":"Different causes of action have different elements that must be proven. Common causes of action in injury cases include negligence, strict liability, and intentional torts.","url":"https://hurtadvice.com/resources/legal-glossary/cause-of-action","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/cause-of-action","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-injury","term":"Injury","slug":"injury","letter":"I","definition":"Physical harm, damage, or impairment to a person's body, mind, or emotions.","category":"Personal Injury Basics","relatedTerms":["harm","damage","impairment"],"legalContext":"Personal injury law covers all types of injuries—physical (broken bones, brain injuries), psychological (PTSD, anxiety), and economic (lost wages, medical bills).","url":"https://hurtadvice.com/resources/legal-glossary/injury","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/injury","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-accident","term":"Accident","slug":"accident","letter":"A","definition":"An unexpected event that causes injury or damage, typically involving negligence rather than intentional conduct.","category":"Personal Injury Basics","relatedTerms":["incident","collision","crash"],"legalContext":"While called \"accidents,\" most crashes result from someone's negligence. Understanding this distinction is important because negligence creates legal liability.","url":"https://hurtadvice.com/resources/legal-glossary/accident","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/accident","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-slip-and-fall","term":"Slip and Fall","slug":"slip-and-fall","letter":"S","definition":"An accident where a person slips, trips, or falls on someone else's property due to a dangerous condition.","category":"Personal Injury Basics","relatedTerms":["premises-liability","dangerous-condition","notice"],"legalContext":"Slip and fall cases require proving the property owner knew or should have known about the hazard and failed to fix it or warn visitors.","url":"https://hurtadvice.com/resources/legal-glossary/slip-and-fall","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/slip-and-fall","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-medical-malpractice","term":"Medical Malpractice","slug":"medical-malpractice","letter":"M","definition":"Professional negligence by a healthcare provider that causes injury to a patient.","category":"Personal Injury Basics","relatedTerms":["standard-of-care","professional-negligence","healthcare"],"legalContext":"Medical malpractice cases require proving the provider deviated from the accepted standard of care. California has special procedural requirements and a $250,000 cap on non-economic damages.","url":"https://hurtadvice.com/resources/legal-glossary/medical-malpractice","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/medical-malpractice","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-dog-bite","term":"Dog Bite Liability","slug":"dog-bite","letter":"D","definition":"Legal responsibility of dog owners for injuries caused by their dogs.","category":"Personal Injury Basics","relatedTerms":["strict-liability","animal-attack","owner-liability"],"legalContext":"California has strict liability for dog bites—owners are liable regardless of whether the dog showed prior aggression or the owner knew of danger.","url":"https://hurtadvice.com/resources/legal-glossary/dog-bite","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/dog-bite","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"}]},"allTerms":[{"id":"term-accident","term":"Accident","slug":"accident","letter":"A","definition":"An unexpected event that causes injury or damage, typically involving negligence rather than intentional conduct.","category":"Personal Injury Basics","relatedTerms":["incident","collision","crash"],"legalContext":"While called \"accidents,\" most crashes result from someone's negligence. Understanding this distinction is important because negligence creates legal liability.","url":"https://hurtadvice.com/resources/legal-glossary/accident","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/accident","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-actual-cash-value","term":"Actual Cash Value (ACV)","slug":"actual-cash-value","letter":"A","definition":"The fair market value of property, typically calculated as replacement cost minus depreciation.","category":"Insurance Terms","relatedTerms":["fair-market-value","replacement-cost","total-loss"],"legalContext":"When your car is totaled, the insurance company pays actual cash value—what your car was worth just before the accident, not what you paid for it.","url":"https://hurtadvice.com/resources/legal-glossary/actual-cash-value","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/actual-cash-value","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-additur","term":"Additur","slug":"additur","letter":"A","definition":"A court's increase of a jury's damages award deemed inadequate.","category":"Court & Litigation","relatedTerms":["remittitur","damages","jury-award"],"legalContext":"California courts can increase damages they find inadequate, though federal courts generally cannot. It's the opposite of remittitur.","url":"https://hurtadvice.com/resources/legal-glossary/additur","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/additur","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-admissible-evidence","term":"Admissible Evidence","slug":"admissible-evidence","letter":"A","definition":"Evidence that meets legal requirements and can be presented in court.","category":"Evidence & Documentation","relatedTerms":["inadmissible","relevance","hearsay"],"legalContext":"Not all evidence is admissible. Rules of evidence exclude certain types of evidence, such as hearsay (with exceptions) and evidence obtained illegally.","url":"https://hurtadvice.com/resources/legal-glossary/admissible-evidence","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/admissible-evidence","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-affidavit","term":"Affidavit","slug":"affidavit","letter":"A","definition":"A written statement of facts made under oath.","category":"Evidence & Documentation","relatedTerms":["declaration","sworn-statement","oath"],"legalContext":"Affidavits are used to present evidence in written form. Lying in an affidavit constitutes perjury and can have serious legal consequences.","url":"https://hurtadvice.com/resources/legal-glossary/affidavit","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/affidavit","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-affirmative-defense","term":"Affirmative Defense","slug":"affirmative-defense","letter":"A","definition":"A defense that admits the plaintiff's claims but offers a reason why the defendant shouldn't be held liable.","category":"Court & Litigation","relatedTerms":["defense","assumption-of-risk","statute-of-limitations"],"legalContext":"Common affirmative defenses include assumption of risk, comparative negligence, and statute of limitations. The defendant has the burden of proving affirmative defenses.","url":"https://hurtadvice.com/resources/legal-glossary/affirmative-defense","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/affirmative-defense","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-answer","term":"Answer","slug":"answer","letter":"A","definition":"The defendant's formal written response to the plaintiff's complaint, admitting or denying the allegations.","category":"Court & Litigation","relatedTerms":["complaint","pleading","affirmative-defense"],"legalContext":"The defendant must file an answer within a specified time (typically 30 days in California). The answer may also include affirmative defenses and counterclaims.","url":"https://hurtadvice.com/resources/legal-glossary/answer","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/answer","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-appeal","term":"Appeal","slug":"appeal","letter":"A","definition":"A request to a higher court to review and change the decision of a lower court.","category":"Court & Litigation","relatedTerms":["appellate-court","remand","affirm"],"legalContext":"Appeals are based on alleged legal errors, not disagreement with the facts. The appeals process can extend the resolution of a case by months or years.","url":"https://hurtadvice.com/resources/legal-glossary/appeal","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/appeal","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-apportionment","term":"Apportionment","slug":"apportionment","letter":"A","definition":"The division of responsibility among multiple parties based on their respective percentages of fault.","category":"Liability & Negligence","relatedTerms":["comparative-negligence","fault","allocation"],"legalContext":"In California, damages are apportioned based on comparative fault. If you're 20% at fault, your recovery is reduced by 20%.","url":"https://hurtadvice.com/resources/legal-glossary/apportionment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/apportionment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-arbitration","term":"Arbitration","slug":"arbitration","letter":"A","definition":"A dispute resolution process where a neutral third party (arbitrator) makes a binding decision after hearing both sides.","category":"Settlement & Negotiation","relatedTerms":["mediation","alternative-dispute-resolution","binding-arbitration"],"legalContext":"Unlike mediation, arbitration results in a binding decision. Some contracts (like employment agreements) may require arbitration instead of court litigation.","url":"https://hurtadvice.com/resources/legal-glossary/arbitration","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/arbitration","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-assault","term":"Assault","slug":"assault","letter":"A","definition":"An intentional act causing reasonable apprehension of imminent harmful or offensive contact.","category":"Liability & Negligence","relatedTerms":["battery","intentional-tort","threat"],"legalContext":"Civil assault (intentional tort) differs from criminal assault. It focuses on the victim's fear of being harmed, even if no physical contact occurs.","url":"https://hurtadvice.com/resources/legal-glossary/assault","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/assault","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-assumption-of-risk","term":"Assumption of Risk","slug":"assumption-of-risk","letter":"A","definition":"A defense asserting that the plaintiff knowingly and voluntarily accepted the risks associated with a dangerous activity.","category":"Liability & Negligence","relatedTerms":["affirmative-defense","waiver","inherent-risk"],"legalContext":"This defense is common in sports injury and recreational activity cases. However, assumption of risk doesn't apply to risks beyond those inherent to the activity.","url":"https://hurtadvice.com/resources/legal-glossary/assumption-of-risk","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/assumption-of-risk","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-bad-faith","term":"Bad Faith","slug":"bad-faith","letter":"B","definition":"Dishonest or unfair conduct by an insurance company in handling claims, such as unreasonably denying valid claims or delaying payments.","category":"Insurance Terms","relatedTerms":["claims-adjuster","denial","unfair-claims-practices"],"legalContext":"If your insurance company acts in bad faith, you may have grounds for a separate bad faith lawsuit, which can result in additional damages beyond your original claim.","url":"https://hurtadvice.com/resources/legal-glossary/bad-faith","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/bad-faith","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-battery","term":"Battery","slug":"battery","letter":"B","definition":"Intentional harmful or offensive physical contact with another person without consent.","category":"Liability & Negligence","relatedTerms":["assault","intentional-tort","physical-contact"],"legalContext":"Civil battery differs from criminal battery. It encompasses any intentional unwanted physical contact, even if no injury results.","url":"https://hurtadvice.com/resources/legal-glossary/battery","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/battery","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-bifurcation","term":"Bifurcation","slug":"bifurcation","letter":"B","definition":"Splitting a trial into separate phases, typically liability and damages.","category":"Court & Litigation","relatedTerms":["trial","liability","damages"],"legalContext":"A court may bifurcate a trial so the jury first decides whether the defendant is liable, and only then hears evidence about damages.","url":"https://hurtadvice.com/resources/legal-glossary/bifurcation","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/bifurcation","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-bodily-injury-liability","term":"Bodily Injury Liability","slug":"bodily-injury-liability","letter":"B","definition":"Insurance coverage that pays for injuries you cause to others in an accident you caused.","category":"Insurance Terms","relatedTerms":["liability-insurance","policy-limits","coverage"],"legalContext":"California requires minimum bodily injury liability coverage of $15,000 per person and $30,000 per accident. However, serious injuries often exceed these minimums.","url":"https://hurtadvice.com/resources/legal-glossary/bodily-injury-liability","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/bodily-injury-liability","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-breach-of-duty","term":"Breach of Duty","slug":"breach-of-duty","letter":"B","definition":"The failure to meet the required standard of care or fulfill a legal obligation owed to another person.","category":"Liability & Negligence","relatedTerms":["duty-of-care","negligence","standard-of-care"],"legalContext":"A driver who runs a red light breaches their duty of care to other motorists. A property owner who ignores a dangerous condition breaches their duty to visitors. Proving breach is essential to negligence claims.","url":"https://hurtadvice.com/resources/legal-glossary/breach-of-duty","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/breach-of-duty","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-burden-of-proof","term":"Burden of Proof","slug":"burden-of-proof","letter":"B","definition":"The obligation to prove the truth of facts necessary to establish a claim.","category":"Evidence & Documentation","relatedTerms":["preponderance-of-evidence","standard-of-proof","evidence"],"legalContext":"In civil cases like personal injury, the plaintiff has the burden of proof and must prove their case by a \"preponderance of the evidence\" (more likely than not).","url":"https://hurtadvice.com/resources/legal-glossary/burden-of-proof","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/burden-of-proof","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-case-law","term":"Case Law","slug":"case-law","letter":"C","definition":"Law established by judicial decisions in previous court cases, as opposed to statutes.","category":"General Legal Terms","relatedTerms":["precedent","common-law","stare-decisis"],"legalContext":"Courts look to case law (precedent) when deciding how to rule on legal issues. Understanding relevant case law helps attorneys predict how a case might be decided.","url":"https://hurtadvice.com/resources/legal-glossary/case-law","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/case-law","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-catastrophic-injury","term":"Catastrophic Injury","slug":"catastrophic-injury","letter":"C","definition":"A severe injury that results in permanent disability, disfigurement, or significantly impacts a person's ability to perform daily activities.","category":"Medical & Injury Terms","relatedTerms":["permanent-disability","life-care-plan","spinal-cord-injury"],"legalContext":"Catastrophic injuries include spinal cord damage, severe brain injuries, amputations, and severe burns. These cases typically involve millions in potential damages.","url":"https://hurtadvice.com/resources/legal-glossary/catastrophic-injury","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/catastrophic-injury","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-causation","term":"Causation","slug":"causation","letter":"C","definition":"The relationship between the defendant's conduct and the plaintiff's injuries, establishing that the defendant's actions directly caused the harm.","category":"Liability & Negligence","relatedTerms":["proximate-cause","but-for-causation","negligence"],"legalContext":"In personal injury cases, you must prove both \"cause in fact\" (but-for causation) and \"proximate cause\" (legal causation). The injuries must be a direct and foreseeable result of the defendant's negligence.","url":"https://hurtadvice.com/resources/legal-glossary/causation","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/causation","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-cause-of-action","term":"Cause of Action","slug":"cause-of-action","letter":"C","definition":"The legal basis or grounds for filing a lawsuit.","category":"Personal Injury Basics","relatedTerms":["claim","complaint","legal-theory"],"legalContext":"Different causes of action have different elements that must be proven. Common causes of action in injury cases include negligence, strict liability, and intentional torts.","url":"https://hurtadvice.com/resources/legal-glossary/cause-of-action","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/cause-of-action","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-claim","term":"Claim","slug":"claim","letter":"C","definition":"A demand for compensation or remedy for a perceived injury or loss.","category":"Personal Injury Basics","relatedTerms":["lawsuit","demand","cause-of-action"],"legalContext":"You can pursue an insurance claim (directly with the insurance company) or a legal claim (through the court system). Many claims settle without filing a lawsuit.","url":"https://hurtadvice.com/resources/legal-glossary/claim","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/claim","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-claims-adjuster","term":"Claims Adjuster","slug":"claims-adjuster","letter":"C","definition":"An insurance company employee who investigates claims, evaluates damages, and determines how much the insurance company should pay.","category":"Insurance Terms","relatedTerms":["insurance-claim","settlement-offer","bad-faith"],"legalContext":"Remember that claims adjusters work for the insurance company, not for you. Their goal is often to minimize the payout. Be cautious about what you say and consider having an attorney handle communications.","url":"https://hurtadvice.com/resources/legal-glossary/claims-adjuster","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/claims-adjuster","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-class-action","term":"Class Action","slug":"class-action","letter":"C","definition":"A lawsuit where one or more plaintiffs sue on behalf of a larger group with similar claims.","category":"Court & Litigation","relatedTerms":["mass-tort","representative-plaintiff","certification"],"legalContext":"Class actions are used when many people are harmed by the same conduct (like a defective product) and individual lawsuits would be impractical.","url":"https://hurtadvice.com/resources/legal-glossary/class-action","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/class-action","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-closing-argument","term":"Closing Argument","slug":"closing-argument","letter":"C","definition":"The final statements by attorneys summarizing the evidence and arguing why their client should win.","category":"Court & Litigation","relatedTerms":["opening-statement","summation","trial"],"legalContext":"Closing arguments are the attorneys' last chance to persuade the jury. They review key evidence and explain how it proves their case.","url":"https://hurtadvice.com/resources/legal-glossary/closing-argument","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/closing-argument","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-collateral-source-rule","term":"Collateral Source Rule","slug":"collateral-source-rule","letter":"C","definition":"A rule that prevents reduction of damages based on compensation the plaintiff received from independent sources.","category":"Types of Damages","relatedTerms":["setoff","damages","insurance-benefits"],"legalContext":"Under this rule, your damages aren't reduced just because your health insurance paid your medical bills. The defendant can't benefit from your foresight in having insurance.","url":"https://hurtadvice.com/resources/legal-glossary/collateral-source-rule","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/collateral-source-rule","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-collision-coverage","term":"Collision Coverage","slug":"collision-coverage","letter":"C","definition":"Auto insurance that pays for damage to your vehicle from a collision, regardless of fault.","category":"Vehicle Accidents","relatedTerms":["comprehensive-coverage","first-party-coverage","auto-insurance"],"legalContext":"If you're in an accident and the other driver is uninsured or underinsured, collision coverage can pay for your vehicle repairs (minus deductible).","url":"https://hurtadvice.com/resources/legal-glossary/collision-coverage","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/collision-coverage","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-comparative-negligence","term":"Comparative Negligence","slug":"comparative-negligence","letter":"C","definition":"A legal doctrine that reduces a plaintiff's damages by their percentage of fault in causing the accident.","category":"Liability & Negligence","relatedTerms":["contributory-negligence","fault","apportionment"],"legalContext":"California follows \"pure comparative negligence.\" Even if you were 99% at fault, you can recover 1% of your damages. However, insurance companies often try to inflate your fault percentage.","url":"https://hurtadvice.com/resources/legal-glossary/comparative-negligence","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/comparative-negligence","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-compensatory-damages","term":"Compensatory Damages","slug":"compensatory-damages","letter":"C","definition":"Money awarded to a plaintiff to compensate for actual losses suffered, including both economic and non-economic damages.","category":"Types of Damages","relatedTerms":["economic-damages","non-economic-damages","special-damages","general-damages"],"legalContext":"The goal of compensatory damages is to make the injured person \"whole\" again by covering all losses caused by the injury, from medical expenses to emotional distress.","url":"https://hurtadvice.com/resources/legal-glossary/compensatory-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/compensatory-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-complaint","term":"Complaint","slug":"complaint","letter":"C","definition":"The initial legal document filed by the plaintiff to begin a lawsuit, stating the facts and legal basis for the claim.","category":"Court & Litigation","relatedTerms":["petition","pleading","filing"],"legalContext":"The complaint identifies the parties, describes the accident and injuries, and specifies the damages sought. Filing a complaint formally begins the litigation process.","url":"https://hurtadvice.com/resources/legal-glossary/complaint","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/complaint","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-comprehensive-coverage","term":"Comprehensive Coverage","slug":"comprehensive-coverage","letter":"C","definition":"Auto insurance covering damage to your vehicle from non-collision events like theft, vandalism, weather, or animal strikes.","category":"Vehicle Accidents","relatedTerms":["collision-coverage","auto-insurance","first-party-coverage"],"legalContext":"Comprehensive coverage is optional but provides protection for many risks not covered by collision insurance.","url":"https://hurtadvice.com/resources/legal-glossary/comprehensive-coverage","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/comprehensive-coverage","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-consequential-damages","term":"Consequential Damages","slug":"consequential-damages","letter":"C","definition":"Damages that don't flow directly from the wrongful act but are a consequence of it.","category":"Types of Damages","relatedTerms":["indirect-damages","foreseeability","special-damages"],"legalContext":"Consequential damages include secondary effects like lost business opportunities or relationship strain resulting from injuries.","url":"https://hurtadvice.com/resources/legal-glossary/consequential-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/consequential-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-contingency-fee","term":"Contingency Fee","slug":"contingency-fee","letter":"C","definition":"A fee arrangement where the attorney's payment is contingent on winning the case, typically a percentage of the recovery.","category":"Settlement & Negotiation","relatedTerms":["attorney-fees","retainer","fee-agreement"],"legalContext":"Most personal injury attorneys work on contingency, typically 33-40% of the settlement or verdict. You pay nothing upfront and owe nothing if you don't recover.","url":"https://hurtadvice.com/resources/legal-glossary/contingency-fee","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/contingency-fee","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-continuance","term":"Continuance","slug":"continuance","letter":"C","definition":"A postponement of a court proceeding to a later date.","category":"Legal Procedures","relatedTerms":["postponement","adjournment","scheduling"],"legalContext":"Parties may request continuances for various reasons, such as needing more time to prepare or unavailability of witnesses. Courts have discretion to grant or deny.","url":"https://hurtadvice.com/resources/legal-glossary/continuance","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/continuance","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-contribution","term":"Contribution","slug":"contribution","letter":"C","definition":"The right of one defendant who paid more than their fair share of damages to recover from other liable defendants.","category":"Settlement & Negotiation","relatedTerms":["indemnification","joint-and-several-liability","apportionment"],"legalContext":"If multiple defendants are liable and one pays the entire judgment, they can seek contribution from the others based on comparative fault.","url":"https://hurtadvice.com/resources/legal-glossary/contribution","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/contribution","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-contributory-negligence","term":"Contributory Negligence","slug":"contributory-negligence","letter":"C","definition":"A legal doctrine that completely bars recovery if the plaintiff was even partially at fault for their injuries.","category":"Liability & Negligence","relatedTerms":["comparative-negligence","fault","bar-to-recovery"],"legalContext":"California does NOT follow contributory negligence. Only a few states still use this harsh rule. California uses comparative negligence instead.","url":"https://hurtadvice.com/resources/legal-glossary/contributory-negligence","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/contributory-negligence","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-counterclaim","term":"Counterclaim","slug":"counterclaim","letter":"C","definition":"A claim made by a defendant against the plaintiff in response to the original complaint.","category":"Court & Litigation","relatedTerms":["crossclaim","third-party-complaint","defense"],"legalContext":"If the defendant believes the plaintiff was at fault, they may file a counterclaim seeking damages from the plaintiff.","url":"https://hurtadvice.com/resources/legal-glossary/counterclaim","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/counterclaim","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-cross-examination","term":"Cross-Examination","slug":"cross-examination","letter":"C","definition":"The questioning of a witness by the opposing party's attorney to test credibility and challenge testimony.","category":"Court & Litigation","relatedTerms":["direct-examination","testimony","impeachment"],"legalContext":"Cross-examination is a fundamental right in trials. It allows attorneys to expose weaknesses in testimony and present alternative interpretations of facts.","url":"https://hurtadvice.com/resources/legal-glossary/cross-examination","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/cross-examination","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-damages","term":"Damages","slug":"damages","letter":"D","definition":"Monetary compensation awarded to a person who has suffered loss or injury due to the wrongful conduct of another party.","category":"Types of Damages","relatedTerms":["compensatory-damages","punitive-damages","economic-damages","non-economic-damages"],"legalContext":"Damages in personal injury cases can include economic damages (medical bills, lost wages), non-economic damages (pain and suffering), and sometimes punitive damages.","url":"https://hurtadvice.com/resources/legal-glossary/damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-damages-cap","term":"Damages Cap","slug":"damages-cap","letter":"D","definition":"A legal limit on the amount of damages that can be awarded in certain types of cases.","category":"Types of Damages","relatedTerms":["tort-reform","non-economic-damages","micra"],"legalContext":"California has a $250,000 cap on non-economic damages in medical malpractice cases under MICRA, but no cap for most personal injury cases.","url":"https://hurtadvice.com/resources/legal-glossary/damages-cap","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/damages-cap","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-day-in-the-life-video","term":"Day in the Life Video","slug":"day-in-the-life-video","letter":"D","definition":"A documentary-style video showing the daily challenges and limitations faced by a catastrophically injured person.","category":"Evidence & Documentation","relatedTerms":["demonstrative-evidence","catastrophic-injury","trial-exhibit"],"legalContext":"These powerful videos help juries understand the full impact of severe injuries and are often used in cases involving permanent disabilities.","url":"https://hurtadvice.com/resources/legal-glossary/day-in-the-life-video","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/day-in-the-life-video","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-declaratory-judgment","term":"Declaratory Judgment","slug":"declaratory-judgment","letter":"D","definition":"A court ruling that determines the rights and obligations of parties without ordering any specific action.","category":"Court & Litigation","relatedTerms":["coverage-dispute","judgment","legal-determination"],"legalContext":"Insurance companies sometimes seek declaratory judgments to determine whether their policies cover certain claims.","url":"https://hurtadvice.com/resources/legal-glossary/declaratory-judgment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/declaratory-judgment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-deductible","term":"Deductible","slug":"deductible","letter":"D","definition":"The amount of money you must pay out-of-pocket before your insurance coverage begins to pay.","category":"Insurance Terms","relatedTerms":["premium","coverage","out-of-pocket"],"legalContext":"If you file a claim under your own collision coverage, you'll pay the deductible first. If you recover from the at-fault party, you may be able to recover your deductible as well.","url":"https://hurtadvice.com/resources/legal-glossary/deductible","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/deductible","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-defamation","term":"Defamation","slug":"defamation","letter":"D","definition":"A false statement presented as fact that injures a person's reputation.","category":"Liability & Negligence","relatedTerms":["libel","slander","reputation"],"legalContext":"While not a typical personal injury case, defamation can cause significant damages. It includes both libel (written) and slander (spoken) defamation.","url":"https://hurtadvice.com/resources/legal-glossary/defamation","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/defamation","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-default-judgment","term":"Default Judgment","slug":"default-judgment","letter":"D","definition":"A judgment entered against a defendant who fails to respond to a lawsuit or appear in court.","category":"Legal Procedures","relatedTerms":["judgment","failure-to-appear","set-aside"],"legalContext":"If a defendant ignores a lawsuit, the plaintiff can seek a default judgment. However, courts may set aside default judgments if the defendant shows good cause.","url":"https://hurtadvice.com/resources/legal-glossary/default-judgment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/default-judgment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-defendant","term":"Defendant","slug":"defendant","letter":"D","definition":"The person or entity being sued in a civil lawsuit or accused in a criminal case.","category":"General Legal Terms","relatedTerms":["plaintiff","respondent","tortfeasor"],"legalContext":"In personal injury lawsuits, the defendant is the party alleged to have caused the plaintiff's injuries through negligence or intentional conduct. This could be an individual, company, or government entity.","url":"https://hurtadvice.com/resources/legal-glossary/defendant","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/defendant","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-demand","term":"Demand","slug":"demand","letter":"D","definition":"The total amount of compensation sought from the defendant or insurance company.","category":"Settlement & Negotiation","relatedTerms":["demand-letter","settlement","valuation"],"legalContext":"Your attorney will calculate a demand based on economic damages, non-economic damages, and the strength of your case. This starts negotiations.","url":"https://hurtadvice.com/resources/legal-glossary/demand","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/demand","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-demand-letter","term":"Demand Letter","slug":"demand-letter","letter":"D","definition":"A formal letter sent to the insurance company or defendant outlining the facts of the case, injuries, and the amount of compensation sought.","category":"Settlement & Negotiation","relatedTerms":["settlement","negotiation","claim-value"],"legalContext":"A well-crafted demand letter is often the first step in settlement negotiations. It should thoroughly document all damages and support the requested amount.","url":"https://hurtadvice.com/resources/legal-glossary/demand-letter","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/demand-letter","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-deposition","term":"Deposition","slug":"deposition","letter":"D","definition":"Sworn out-of-court testimony given by a witness or party, recorded by a court reporter for later use in trial.","category":"Court & Litigation","relatedTerms":["discovery","testimony","cross-examination"],"legalContext":"Depositions allow attorneys to question witnesses before trial. Your attorney will prepare you for your deposition to ensure you answer accurately without volunteering harmful information.","url":"https://hurtadvice.com/resources/legal-glossary/deposition","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/deposition","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-diminished-value","term":"Diminished Value","slug":"diminished-value","letter":"D","definition":"The reduction in a vehicle's market value after it has been damaged and repaired.","category":"Vehicle Accidents","relatedTerms":["total-loss","fair-market-value","property-damage"],"legalContext":"Even after proper repairs, a car with an accident history is worth less than one without. California allows you to claim diminished value from the at-fault driver.","url":"https://hurtadvice.com/resources/legal-glossary/diminished-value","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/diminished-value","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-discovery","term":"Discovery","slug":"discovery","letter":"D","definition":"The pre-trial process where both sides exchange information and evidence related to the case.","category":"Court & Litigation","relatedTerms":["interrogatories","deposition","subpoena","request-for-production"],"legalContext":"Discovery includes interrogatories (written questions), requests for documents, depositions, and requests for admissions. It allows both sides to learn the strengths and weaknesses of each case.","url":"https://hurtadvice.com/resources/legal-glossary/discovery","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/discovery","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-discovery-rule","term":"Discovery Rule","slug":"discovery-rule","letter":"D","definition":"A rule that delays the start of the statute of limitations until the plaintiff discovers or should have discovered their injury.","category":"Legal Procedures","relatedTerms":["statute-of-limitations","tolling","latent-injury"],"legalContext":"In some cases, injuries aren't immediately apparent. The discovery rule prevents the limitations period from running until you reasonably should have known about the injury.","url":"https://hurtadvice.com/resources/legal-glossary/discovery-rule","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/discovery-rule","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-dog-bite","term":"Dog Bite Liability","slug":"dog-bite","letter":"D","definition":"Legal responsibility of dog owners for injuries caused by their dogs.","category":"Personal Injury Basics","relatedTerms":["strict-liability","animal-attack","owner-liability"],"legalContext":"California has strict liability for dog bites—owners are liable regardless of whether the dog showed prior aggression or the owner knew of danger.","url":"https://hurtadvice.com/resources/legal-glossary/dog-bite","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/dog-bite","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-dram-shop-liability","term":"Dram Shop Liability","slug":"dram-shop-liability","letter":"D","definition":"Legal liability of bars and restaurants for injuries caused by intoxicated patrons they served.","category":"Liability & Negligence","relatedTerms":["alcohol-liability","social-host","drunk-driving"],"legalContext":"California has limited dram shop liability. Generally, businesses aren't liable for serving alcohol to adults, but may be liable for serving obviously intoxicated minors.","url":"https://hurtadvice.com/resources/legal-glossary/dram-shop-liability","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/dram-shop-liability","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-duty-of-care","term":"Duty of Care","slug":"duty-of-care","letter":"D","definition":"A legal obligation requiring a person to exercise a reasonable standard of care while performing acts that could foreseeably harm others.","category":"Liability & Negligence","relatedTerms":["negligence","breach-of-duty","standard-of-care"],"legalContext":"All drivers have a duty of care to operate their vehicles safely. Property owners have a duty to maintain safe premises. When this duty is breached and someone is injured, the breaching party may be liable.","url":"https://hurtadvice.com/resources/legal-glossary/duty-of-care","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/duty-of-care","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-economic-damages","term":"Economic Damages","slug":"economic-damages","letter":"E","definition":"Quantifiable monetary losses resulting from an injury, including medical expenses, lost wages, property damage, and other out-of-pocket costs.","category":"Types of Damages","relatedTerms":["special-damages","medical-expenses","lost-wages","loss-of-earning-capacity"],"legalContext":"Economic damages are easier to calculate because they have specific dollar amounts. Keep all receipts, bills, and documentation of expenses related to your injury.","url":"https://hurtadvice.com/resources/legal-glossary/economic-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/economic-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-economist","term":"Economist (Forensic)","slug":"economist","letter":"E","definition":"An expert who calculates the economic value of damages, including lost wages, lost earning capacity, and medical costs.","category":"Evidence & Documentation","relatedTerms":["expert-witness","future-damages","present-value"],"legalContext":"Forensic economists use financial analysis to project future losses and calculate present values, helping juries understand the full economic impact of injuries.","url":"https://hurtadvice.com/resources/legal-glossary/economist","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/economist","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-eggshell-plaintiff","term":"Eggshell Plaintiff Rule","slug":"eggshell-plaintiff","letter":"E","definition":"A legal doctrine stating that defendants must take plaintiffs as they find them, including any pre-existing vulnerabilities.","category":"Liability & Negligence","relatedTerms":["pre-existing-condition","aggravation","thin-skull-rule"],"legalContext":"If you have a pre-existing condition that makes you more susceptible to injury, the at-fault party is still fully liable for all resulting damages, not just what a \"normal\" person would suffer.","url":"https://hurtadvice.com/resources/legal-glossary/eggshell-plaintiff","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/eggshell-plaintiff","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-emotional-distress","term":"Emotional Distress","slug":"emotional-distress","letter":"E","definition":"Mental suffering, anguish, or psychological harm caused by another's conduct.","category":"Types of Damages","relatedTerms":["pain-and-suffering","mental-anguish","ptsd"],"legalContext":"Emotional distress damages are recoverable in personal injury cases, especially those involving serious physical injuries or particularly traumatic circumstances.","url":"https://hurtadvice.com/resources/legal-glossary/emotional-distress","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/emotional-distress","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-exemplary-damages","term":"Exemplary Damages","slug":"exemplary-damages","letter":"E","definition":"Another term for punitive damages, awarded to make an example of the defendant.","category":"Types of Damages","relatedTerms":["punitive-damages","gross-negligence","malice"],"legalContext":"Exemplary damages punish particularly egregious conduct and deter similar behavior by others.","url":"https://hurtadvice.com/resources/legal-glossary/exemplary-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/exemplary-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-expert-witness","term":"Expert Witness","slug":"expert-witness","letter":"E","definition":"A witness with specialized knowledge, training, or experience who provides expert opinions to help the jury understand technical issues.","category":"Evidence & Documentation","relatedTerms":["testimony","opinion-testimony","lay-witness"],"legalContext":"Personal injury cases often use medical experts (to explain injuries), accident reconstructionists (to explain how crashes occurred), and economists (to calculate damages).","url":"https://hurtadvice.com/resources/legal-glossary/expert-witness","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/expert-witness","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-foreseeability","term":"Foreseeability","slug":"foreseeability","letter":"F","definition":"The reasonable anticipation that harm could result from certain actions or omissions.","category":"Liability & Negligence","relatedTerms":["proximate-cause","duty-of-care","reasonableness"],"legalContext":"Foreseeability is key to establishing duty and proximate cause. Defendants are generally only liable for foreseeable consequences of their negligence.","url":"https://hurtadvice.com/resources/legal-glossary/foreseeability","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/foreseeability","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-functional-capacity-evaluation","term":"Functional Capacity Evaluation (FCE)","slug":"functional-capacity-evaluation","letter":"F","definition":"A comprehensive test measuring an injured person's physical abilities and work capacity.","category":"Medical & Injury Terms","relatedTerms":["work-restriction","disability","vocational-rehabilitation"],"legalContext":"FCEs are used to determine work restrictions and lost earning capacity. They're conducted by physical therapists or occupational therapists.","url":"https://hurtadvice.com/resources/legal-glossary/functional-capacity-evaluation","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/functional-capacity-evaluation","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-future-damages","term":"Future Damages","slug":"future-damages","letter":"F","definition":"Compensation for losses that will continue or occur after the trial, such as ongoing medical care or lost earning capacity.","category":"Types of Damages","relatedTerms":["present-value","life-care-plan","economic-expert"],"legalContext":"Calculating future damages often requires expert testimony from economists, vocational experts, and medical professionals who can project long-term needs.","url":"https://hurtadvice.com/resources/legal-glossary/future-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/future-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-general-damages","term":"General Damages","slug":"general-damages","letter":"G","definition":"Another term for non-economic damages—intangible losses without specific dollar amounts.","category":"Types of Damages","relatedTerms":["non-economic-damages","special-damages","pain-and-suffering"],"legalContext":"General damages include pain and suffering, emotional distress, and loss of enjoyment of life. They're \"general\" because they apply to most injury cases.","url":"https://hurtadvice.com/resources/legal-glossary/general-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/general-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-good-faith","term":"Good Faith","slug":"good-faith","letter":"G","definition":"Honesty and fairness in dealing with others, including honest intent and absence of fraud or seeking unfair advantage.","category":"Insurance Terms","relatedTerms":["bad-faith","fair-dealing","fiduciary-duty"],"legalContext":"Insurance companies have a duty to handle claims in good faith. When they don't, they may be liable for bad faith, potentially resulting in additional damages.","url":"https://hurtadvice.com/resources/legal-glossary/good-faith","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/good-faith","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-government-immunity","term":"Government Immunity (Sovereign Immunity)","slug":"government-immunity","letter":"G","definition":"Legal doctrine protecting government entities from being sued without their consent.","category":"Legal Procedures","relatedTerms":["government-tort-claim","public-entity","statutory-waiver"],"legalContext":"Government immunity has been waived in many situations, but special rules apply. In California, you must file a government tort claim within 6 months before suing.","url":"https://hurtadvice.com/resources/legal-glossary/government-immunity","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/government-immunity","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-government-tort-claim","term":"Government Tort Claim","slug":"government-tort-claim","letter":"G","definition":"A required administrative claim that must be filed before suing a government entity.","category":"Legal Procedures","relatedTerms":["government-immunity","administrative-claim","deadline"],"legalContext":"In California, you must file a tort claim with the government agency within 6 months of injury. Failure to do so bars your lawsuit.","url":"https://hurtadvice.com/resources/legal-glossary/government-tort-claim","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/government-tort-claim","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-gross-negligence","term":"Gross Negligence","slug":"gross-negligence","letter":"G","definition":"Extreme carelessness or reckless disregard for the safety of others, going beyond ordinary negligence.","category":"Liability & Negligence","relatedTerms":["negligence","recklessness","punitive-damages"],"legalContext":"Gross negligence may support punitive damages claims. Examples include extreme speeding, texting while driving, or drunk driving.","url":"https://hurtadvice.com/resources/legal-glossary/gross-negligence","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/gross-negligence","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-guardian-ad-litem","term":"Guardian Ad Litem","slug":"guardian-ad-litem","letter":"G","definition":"A person appointed by the court to represent the interests of a minor or incapacitated person in legal proceedings.","category":"Legal Procedures","relatedTerms":["minor","incapacity","court-appointment"],"legalContext":"In personal injury cases involving minors, a guardian ad litem ensures the child's interests are protected, especially regarding settlement approval.","url":"https://hurtadvice.com/resources/legal-glossary/guardian-ad-litem","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/guardian-ad-litem","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-head-on-collision","term":"Head-On Collision","slug":"head-on-collision","letter":"H","definition":"An accident where the fronts of two vehicles traveling in opposite directions collide.","category":"Vehicle Accidents","relatedTerms":["frontal-collision","wrong-way-driver","catastrophic-injury"],"legalContext":"Head-on collisions are among the deadliest types of crashes due to the combined force of both vehicles' speeds. They often result in catastrophic injuries or fatalities.","url":"https://hurtadvice.com/resources/legal-glossary/head-on-collision","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/head-on-collision","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-hearsay","term":"Hearsay","slug":"hearsay","letter":"H","definition":"An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible in court.","category":"Evidence & Documentation","relatedTerms":["admissible-evidence","exception","out-of-court-statement"],"legalContext":"Hearsay is generally not allowed because the person who made the statement isn't available for cross-examination. However, many exceptions exist.","url":"https://hurtadvice.com/resources/legal-glossary/hearsay","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/hearsay","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-herniated-disc","term":"Herniated Disc","slug":"herniated-disc","letter":"H","definition":"A condition where the soft center of a spinal disc pushes through a crack in the tougher exterior, potentially pressing on nerves.","category":"Medical & Injury Terms","relatedTerms":["bulging-disc","spinal-injury","radiculopathy"],"legalContext":"Herniated discs are common in car accidents and can cause severe pain, numbness, and weakness. Treatment may range from physical therapy to surgery.","url":"https://hurtadvice.com/resources/legal-glossary/herniated-disc","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/herniated-disc","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-high-low-agreement","term":"High-Low Agreement","slug":"high-low-agreement","letter":"H","definition":"An agreement setting minimum and maximum amounts the defendant will pay regardless of the verdict.","category":"Settlement & Negotiation","relatedTerms":["settlement","risk-management","verdict"],"legalContext":"High-low agreements reduce risk for both sides. The plaintiff is guaranteed a minimum recovery, while the defendant caps their maximum exposure.","url":"https://hurtadvice.com/resources/legal-glossary/high-low-agreement","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/high-low-agreement","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-hit-and-run","term":"Hit and Run","slug":"hit-and-run","letter":"H","definition":"An accident where a driver flees the scene without stopping to provide information or render aid.","category":"Vehicle Accidents","relatedTerms":["uninsured-motorist-coverage","phantom-vehicle","leaving-scene"],"legalContext":"Hit and run is a crime. If you're injured by a hit-and-run driver, you may be able to recover through your uninsured motorist coverage.","url":"https://hurtadvice.com/resources/legal-glossary/hit-and-run","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/hit-and-run","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-impairment-rating","term":"Impairment Rating","slug":"impairment-rating","letter":"I","definition":"A medical assessment of the permanent loss of function resulting from an injury, expressed as a percentage.","category":"Medical & Injury Terms","relatedTerms":["permanent-impairment","disability","functional-loss"],"legalContext":"Impairment ratings help quantify permanent injuries for damages calculations. They're determined using standardized medical guidelines.","url":"https://hurtadvice.com/resources/legal-glossary/impairment-rating","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/impairment-rating","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-impeachment","term":"Impeachment","slug":"impeachment","letter":"I","definition":"Challenging the credibility of a witness, often by showing prior inconsistent statements or bias.","category":"Evidence & Documentation","relatedTerms":["credibility","cross-examination","prior-inconsistent-statement"],"legalContext":"If a witness testified differently at deposition than at trial, their credibility can be impeached with the prior inconsistent statement.","url":"https://hurtadvice.com/resources/legal-glossary/impeachment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/impeachment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-incidental-damages","term":"Incidental Damages","slug":"incidental-damages","letter":"I","definition":"Minor costs incurred as a result of an injury, such as transportation to medical appointments.","category":"Types of Damages","relatedTerms":["economic-damages","out-of-pocket","special-damages"],"legalContext":"While individually small, incidental damages add up and are recoverable as economic damages.","url":"https://hurtadvice.com/resources/legal-glossary/incidental-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/incidental-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-indemnification","term":"Indemnification","slug":"indemnification","letter":"I","definition":"An obligation to compensate another party for losses or damages they incur.","category":"Settlement & Negotiation","relatedTerms":["contribution","hold-harmless","reimbursement"],"legalContext":"Contracts often include indemnification clauses. In multi-party accidents, one defendant may seek indemnification from another who was more at fault.","url":"https://hurtadvice.com/resources/legal-glossary/indemnification","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/indemnification","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-independent-medical-examination","term":"Independent Medical Examination (IME)","slug":"independent-medical-examination","letter":"I","definition":"A medical examination conducted by a doctor chosen by the insurance company to evaluate your injuries.","category":"Medical & Injury Terms","relatedTerms":["compulsory-medical-examination","defense-medical-exam"],"legalContext":"Despite the name, IME doctors are often biased toward the insurance company. Be honest and consistent, and document everything. You may want your attorney present.","url":"https://hurtadvice.com/resources/legal-glossary/independent-medical-examination","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/independent-medical-examination","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-injunction","term":"Injunction","slug":"injunction","letter":"I","definition":"A court order requiring a party to do or refrain from doing a specific act.","category":"Court & Litigation","relatedTerms":["restraining-order","equitable-relief","court-order"],"legalContext":"While most personal injury cases seek monetary damages, injunctions may be sought to stop ongoing harmful conduct.","url":"https://hurtadvice.com/resources/legal-glossary/injunction","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/injunction","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-injury","term":"Injury","slug":"injury","letter":"I","definition":"Physical harm, damage, or impairment to a person's body, mind, or emotions.","category":"Personal Injury Basics","relatedTerms":["harm","damage","impairment"],"legalContext":"Personal injury law covers all types of injuries—physical (broken bones, brain injuries), psychological (PTSD, anxiety), and economic (lost wages, medical bills).","url":"https://hurtadvice.com/resources/legal-glossary/injury","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/injury","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-insurance-claim","term":"Insurance Claim","slug":"insurance-claim","letter":"I","definition":"A formal request to an insurance company for coverage or compensation for a covered loss or policy event.","category":"Insurance Terms","relatedTerms":["insurance-policy","claims-adjuster","coverage"],"legalContext":"After an accident, you typically file an insurance claim with the at-fault party's insurer (third-party claim) or your own insurer (first-party claim) depending on the circumstances.","url":"https://hurtadvice.com/resources/legal-glossary/insurance-claim","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/insurance-claim","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-intentional-tort","term":"Intentional Tort","slug":"intentional-tort","letter":"I","definition":"A civil wrong committed with intent to cause harm, as opposed to negligent conduct.","category":"Liability & Negligence","relatedTerms":["tort","assault","battery"],"legalContext":"Intentional torts include assault, battery, and intentional infliction of emotional distress. They may support punitive damages and aren't covered by liability insurance.","url":"https://hurtadvice.com/resources/legal-glossary/intentional-tort","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/intentional-tort","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-interrogatories","term":"Interrogatories","slug":"interrogatories","letter":"I","definition":"Written questions sent by one party to another that must be answered under oath.","category":"Court & Litigation","relatedTerms":["discovery","request-for-production","written-discovery"],"legalContext":"Interrogatories are a common discovery tool. Answers must be truthful and complete, as they can be used against you at trial if inconsistent with later testimony.","url":"https://hurtadvice.com/resources/legal-glossary/interrogatories","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/interrogatories","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-joint-and-several-liability","term":"Joint and Several Liability","slug":"joint-and-several-liability","letter":"J","definition":"A rule that allows a plaintiff to recover full damages from any one of multiple defendants, regardless of their individual percentage of fault.","category":"Liability & Negligence","relatedTerms":["multiple-defendants","contribution","indemnification"],"legalContext":"California has modified joint and several liability. Each defendant is jointly liable for economic damages but only severally liable for non-economic damages.","url":"https://hurtadvice.com/resources/legal-glossary/joint-and-several-liability","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/joint-and-several-liability","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-judgment","term":"Judgment","slug":"judgment","letter":"J","definition":"The official decision of a court resolving the dispute and determining the rights and obligations of the parties.","category":"Court & Litigation","relatedTerms":["verdict","order","decree"],"legalContext":"A judgment may be entered after trial, summary judgment, or settlement. It becomes enforceable, allowing the winning party to collect the awarded amount.","url":"https://hurtadvice.com/resources/legal-glossary/judgment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/judgment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-jurisdiction","term":"Jurisdiction","slug":"jurisdiction","letter":"J","definition":"The authority of a court to hear and decide a case.","category":"Legal Procedures","relatedTerms":["venue","federal-court","state-court"],"legalContext":"Courts must have both subject matter jurisdiction (authority over the type of case) and personal jurisdiction (authority over the parties) to hear a case.","url":"https://hurtadvice.com/resources/legal-glossary/jurisdiction","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/jurisdiction","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-jury-instructions","term":"Jury Instructions","slug":"jury-instructions","letter":"J","definition":"The judge's explanation to the jury about the law they must apply in reaching their verdict.","category":"Court & Litigation","relatedTerms":["jury-charge","verdict","legal-standards"],"legalContext":"Jury instructions explain legal concepts like negligence, burden of proof, and how to calculate damages. Incorrect instructions can be grounds for appeal.","url":"https://hurtadvice.com/resources/legal-glossary/jury-instructions","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/jury-instructions","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-letter-of-protection","term":"Letter of Protection (LOP)","slug":"letter-of-protection","letter":"L","definition":"A letter from an attorney to a medical provider guaranteeing payment from a future settlement.","category":"Medical & Injury Terms","relatedTerms":["medical-lien","medical-treatment","deferred-payment"],"legalContext":"LOPs allow injury victims to receive necessary medical treatment without upfront payment. The provider agrees to wait for payment until the case settles.","url":"https://hurtadvice.com/resources/legal-glossary/letter-of-protection","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/letter-of-protection","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-liability","term":"Liability","slug":"liability","letter":"L","definition":"Legal responsibility for one's actions or omissions that cause harm to another person.","category":"Liability & Negligence","relatedTerms":["negligence","fault","responsibility","culpability"],"legalContext":"Establishing liability is crucial in personal injury cases. The plaintiff must prove the defendant's liability by showing they breached a duty of care, directly causing the plaintiff's injuries and damages.","url":"https://hurtadvice.com/resources/legal-glossary/liability","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/liability","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-liability-insurance","term":"Liability Insurance","slug":"liability-insurance","letter":"L","definition":"Insurance coverage that pays for injuries or damages that the policyholder causes to others.","category":"Insurance Terms","relatedTerms":["bodily-injury-liability","property-damage-liability","minimum-coverage"],"legalContext":"California law requires all drivers to carry minimum liability insurance. When you're injured by another driver, their liability insurance should cover your damages up to the policy limits.","url":"https://hurtadvice.com/resources/legal-glossary/liability-insurance","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/liability-insurance","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-lien","term":"Lien","slug":"lien","letter":"L","definition":"A legal claim against property or settlement proceeds to secure payment of a debt.","category":"Settlement & Negotiation","relatedTerms":["subrogation","medical-lien","reimbursement"],"legalContext":"Medical providers, health insurers, and government programs like Medicare may place liens on your settlement to recover payments they made for your injury treatment.","url":"https://hurtadvice.com/resources/legal-glossary/lien","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/lien","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-life-care-plan","term":"Life Care Plan","slug":"life-care-plan","letter":"L","definition":"A comprehensive document projecting all future medical and care needs for a catastrophically injured person.","category":"Medical & Injury Terms","relatedTerms":["future-damages","catastrophic-injury","medical-expert"],"legalContext":"Life care plans, prepared by medical and rehabilitation experts, help establish the cost of future care in serious injury cases and are presented to juries to support damage claims.","url":"https://hurtadvice.com/resources/legal-glossary/life-care-plan","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/life-care-plan","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-loss-of-consortium","term":"Loss of Consortium","slug":"loss-of-consortium","letter":"L","definition":"A claim by the spouse or family member of an injured person for the loss of companionship, affection, and assistance resulting from the injury.","category":"Types of Damages","relatedTerms":["non-economic-damages","derivative-claim","spousal-claim"],"legalContext":"If your injuries prevent you from maintaining your relationship with your spouse as before, your spouse may have a separate claim for loss of consortium.","url":"https://hurtadvice.com/resources/legal-glossary/loss-of-consortium","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/loss-of-consortium","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-loss-of-earning-capacity","term":"Loss of Earning Capacity","slug":"loss-of-earning-capacity","letter":"L","definition":"Compensation for the reduction in a person's ability to earn income in the future due to permanent injuries.","category":"Types of Damages","relatedTerms":["lost-wages","future-damages","vocational-expert"],"legalContext":"If your injuries prevent you from returning to your previous occupation or limit your future career options, you may be entitled to compensation for diminished earning capacity.","url":"https://hurtadvice.com/resources/legal-glossary/loss-of-earning-capacity","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/loss-of-earning-capacity","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-loss-of-enjoyment-of-life","term":"Loss of Enjoyment of Life","slug":"loss-of-enjoyment-of-life","letter":"L","definition":"Compensation for the inability to participate in activities and pleasures that were part of the plaintiff's life before the injury.","category":"Types of Damages","relatedTerms":["hedonic-damages","quality-of-life","non-economic-damages"],"legalContext":"If your injuries prevent you from playing sports, traveling, or enjoying hobbies you previously loved, you may recover damages for this loss.","url":"https://hurtadvice.com/resources/legal-glossary/loss-of-enjoyment-of-life","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/loss-of-enjoyment-of-life","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-loss-of-use","term":"Loss of Use","slug":"loss-of-use","letter":"L","definition":"Compensation for being unable to use property (like a vehicle) while it's being repaired or replaced.","category":"Types of Damages","relatedTerms":["rental-reimbursement","property-damage","economic-damages"],"legalContext":"If your car is in the shop for repairs after an accident, you're entitled to compensation for loss of use, typically in the form of rental car expenses.","url":"https://hurtadvice.com/resources/legal-glossary/loss-of-use","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/loss-of-use","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-lost-wages","term":"Lost Wages","slug":"lost-wages","letter":"L","definition":"Income that an injured person was unable to earn due to their injuries, including salary, hourly wages, bonuses, and benefits.","category":"Types of Damages","relatedTerms":["economic-damages","loss-of-earning-capacity","special-damages"],"legalContext":"Lost wages are calculated from the date of injury through the date you return to work. Documentation from your employer and pay stubs help prove these damages.","url":"https://hurtadvice.com/resources/legal-glossary/lost-wages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/lost-wages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-mary-carter-agreement","term":"Mary Carter Agreement","slug":"mary-carter-agreement","letter":"M","definition":"A settlement agreement where one defendant settles but remains in the lawsuit, with their payment reduced based on recovery from other defendants.","category":"Settlement & Negotiation","relatedTerms":["settlement","multiple-defendants","disclosure"],"legalContext":"These controversial agreements can create conflicts of interest. Many jurisdictions require disclosure to the jury.","url":"https://hurtadvice.com/resources/legal-glossary/mary-carter-agreement","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/mary-carter-agreement","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-mass-tort","term":"Mass Tort","slug":"mass-tort","letter":"M","definition":"A civil action involving numerous plaintiffs against one or few defendants, often involving defective products or disasters.","category":"Court & Litigation","relatedTerms":["class-action","multidistrict-litigation","product-liability"],"legalContext":"Unlike class actions, each plaintiff in a mass tort has their own individual claim. Cases are often consolidated for efficiency.","url":"https://hurtadvice.com/resources/legal-glossary/mass-tort","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/mass-tort","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-maximum-medical-improvement","term":"Maximum Medical Improvement (MMI)","slug":"maximum-medical-improvement","letter":"M","definition":"The point at which an injury has healed as much as it ever will, and no further significant improvement is expected.","category":"Medical & Injury Terms","relatedTerms":["prognosis","permanent-impairment","future-medical-expenses"],"legalContext":"It's important to reach MMI before settling your case, as settling too early may leave you without compensation for future medical needs or permanent impairments.","url":"https://hurtadvice.com/resources/legal-glossary/maximum-medical-improvement","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/maximum-medical-improvement","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-med-pay","term":"Med Pay (Medical Payments Coverage)","slug":"med-pay","letter":"M","definition":"Optional auto insurance coverage that pays for medical expenses regardless of who was at fault in an accident.","category":"Insurance Terms","relatedTerms":["pip","first-party-coverage","no-fault"],"legalContext":"MedPay can help cover immediate medical expenses while you wait for a settlement. It's \"no-fault\" coverage, meaning it pays regardless of who caused the accident.","url":"https://hurtadvice.com/resources/legal-glossary/med-pay","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/med-pay","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-mediation","term":"Mediation","slug":"mediation","letter":"M","definition":"A voluntary dispute resolution process where a neutral third party (mediator) helps the parties reach a settlement.","category":"Settlement & Negotiation","relatedTerms":["arbitration","alternative-dispute-resolution","negotiation"],"legalContext":"Mediation is often required before trial in California. It's non-binding, meaning either party can walk away if no agreement is reached.","url":"https://hurtadvice.com/resources/legal-glossary/mediation","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/mediation","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-medical-expenses","term":"Medical Expenses","slug":"medical-expenses","letter":"M","definition":"Costs incurred for medical treatment related to injuries, including hospital bills, surgery, medication, physical therapy, and future medical care.","category":"Types of Damages","relatedTerms":["economic-damages","future-medical-expenses","special-damages"],"legalContext":"All reasonable and necessary medical expenses caused by the accident are recoverable. Keep detailed records of every medical visit and expense.","url":"https://hurtadvice.com/resources/legal-glossary/medical-expenses","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/medical-expenses","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-medical-malpractice","term":"Medical Malpractice","slug":"medical-malpractice","letter":"M","definition":"Professional negligence by a healthcare provider that causes injury to a patient.","category":"Personal Injury Basics","relatedTerms":["standard-of-care","professional-negligence","healthcare"],"legalContext":"Medical malpractice cases require proving the provider deviated from the accepted standard of care. California has special procedural requirements and a $250,000 cap on non-economic damages.","url":"https://hurtadvice.com/resources/legal-glossary/medical-malpractice","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/medical-malpractice","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-medical-records","term":"Medical Records","slug":"medical-records","letter":"M","definition":"Documentation of a patient's medical history, diagnoses, treatments, and prognosis.","category":"Evidence & Documentation","relatedTerms":["documentation","evidence","hipaa"],"legalContext":"Medical records are crucial evidence in personal injury cases, proving the nature and extent of injuries, the treatment received, and the connection to the accident.","url":"https://hurtadvice.com/resources/legal-glossary/medical-records","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/medical-records","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-mitigation-of-damages","term":"Mitigation of Damages","slug":"mitigation-of-damages","letter":"M","definition":"The obligation of an injured party to take reasonable steps to minimize their losses.","category":"Types of Damages","relatedTerms":["duty-to-mitigate","reasonableness","failure-to-mitigate"],"legalContext":"If you refuse reasonable medical treatment that would reduce your injuries, the defendant may argue your damages should be reduced accordingly.","url":"https://hurtadvice.com/resources/legal-glossary/mitigation-of-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/mitigation-of-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-motion","term":"Motion","slug":"motion","letter":"M","definition":"A formal request asking the court to make a specific ruling or order.","category":"Court & Litigation","relatedTerms":["summary-judgment","motion-to-dismiss","motion-in-limine"],"legalContext":"Common motions include motions to dismiss, motions for summary judgment, and motions in limine (to exclude certain evidence). Motions can significantly impact case strategy.","url":"https://hurtadvice.com/resources/legal-glossary/motion","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/motion","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-motion-in-limine","term":"Motion in Limine","slug":"motion-in-limine","letter":"M","definition":"A pre-trial motion asking the court to exclude certain evidence from trial.","category":"Legal Procedures","relatedTerms":["evidence","exclusion","pretrial-motion"],"legalContext":"These motions prevent prejudicial or irrelevant evidence from being mentioned in front of the jury. They're important tactical tools in personal injury trials.","url":"https://hurtadvice.com/resources/legal-glossary/motion-in-limine","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/motion-in-limine","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-multi-vehicle-accident","term":"Multi-Vehicle Accident","slug":"multi-vehicle-accident","letter":"M","definition":"An accident involving three or more vehicles, also called a chain-reaction or pile-up accident.","category":"Vehicle Accidents","relatedTerms":["chain-reaction","pile-up","multiple-defendants"],"legalContext":"Determining liability in multi-vehicle accidents is complex. Multiple parties may share fault, and multiple insurance policies may be involved.","url":"https://hurtadvice.com/resources/legal-glossary/multi-vehicle-accident","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/multi-vehicle-accident","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-negligence","term":"Negligence","slug":"negligence","letter":"N","definition":"The failure to exercise the degree of care that a reasonably prudent person would exercise under similar circumstances.","category":"Liability & Negligence","relatedTerms":["duty-of-care","breach-of-duty","standard-of-care","gross-negligence"],"legalContext":"Negligence is the foundation of most personal injury claims. To prove negligence, you must establish four elements: duty of care, breach of duty, causation, and damages.","url":"https://hurtadvice.com/resources/legal-glossary/negligence","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/negligence","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-negligence-per-se","term":"Negligence Per Se","slug":"negligence-per-se","letter":"N","definition":"Automatic negligence established when a defendant violates a statute designed to protect a specific class of people.","category":"Liability & Negligence","relatedTerms":["negligence","statutory-violation","presumption"],"legalContext":"If a driver runs a red light (violating traffic law) and hits you, the traffic violation itself may establish negligence without further proof of carelessness.","url":"https://hurtadvice.com/resources/legal-glossary/negligence-per-se","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/negligence-per-se","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-negligent-entrustment","term":"Negligent Entrustment","slug":"negligent-entrustment","letter":"N","definition":"Liability for entrusting a dangerous item (like a vehicle) to someone known to be reckless or incompetent.","category":"Liability & Negligence","relatedTerms":["vicarious-liability","owner-liability","permissive-use"],"legalContext":"If someone lends their car to a driver they know is dangerous, they may be liable for accidents that driver causes.","url":"https://hurtadvice.com/resources/legal-glossary/negligent-entrustment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/negligent-entrustment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-negligent-security","term":"Negligent Security","slug":"negligent-security","letter":"N","definition":"Failure of a property owner to provide adequate security, resulting in foreseeable criminal acts against visitors.","category":"Liability & Negligence","relatedTerms":["premises-liability","foreseeability","criminal-act"],"legalContext":"Property owners may be liable if inadequate security (poor lighting, lack of guards, broken locks) contributed to criminal attacks on their property.","url":"https://hurtadvice.com/resources/legal-glossary/negligent-security","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/negligent-security","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-nominal-damages","term":"Nominal Damages","slug":"nominal-damages","letter":"N","definition":"A small sum awarded when a legal wrong occurred but no actual damages resulted.","category":"Types of Damages","relatedTerms":["damages","symbolic-damages","technical-violation"],"legalContext":"Nominal damages (often $1) establish that your rights were violated even if you can't prove substantial harm. They're rare in personal injury cases.","url":"https://hurtadvice.com/resources/legal-glossary/nominal-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/nominal-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-non-economic-damages","term":"Non-Economic Damages","slug":"non-economic-damages","letter":"N","definition":"Compensation for intangible losses that don't have a specific dollar value, such as pain and suffering, emotional distress, and loss of enjoyment of life.","category":"Types of Damages","relatedTerms":["pain-and-suffering","emotional-distress","loss-of-consortium","general-damages"],"legalContext":"Non-economic damages can often exceed economic damages in serious injury cases. There is no cap on non-economic damages in most California personal injury cases.","url":"https://hurtadvice.com/resources/legal-glossary/non-economic-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/non-economic-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-notice-of-claim","term":"Notice of Claim","slug":"notice-of-claim","letter":"N","definition":"Formal notification to a party that a claim is being made against them.","category":"Legal Procedures","relatedTerms":["government-tort-claim","demand-letter","deadline"],"legalContext":"Some claims require formal notice before filing suit. For government claims in California, the notice must be filed within 6 months.","url":"https://hurtadvice.com/resources/legal-glossary/notice-of-claim","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/notice-of-claim","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-offer-of-judgment","term":"Offer of Judgment","slug":"offer-of-judgment","letter":"O","definition":"A formal settlement offer made under court rules that can shift costs if rejected and the rejecting party doesn't improve their position at trial.","category":"Settlement & Negotiation","relatedTerms":["998-offer","cost-shifting","settlement"],"legalContext":"California Code of Civil Procedure section 998 allows offers of judgment. If rejected and the offeree doesn't do better at trial, they may owe the other side's expert witness fees.","url":"https://hurtadvice.com/resources/legal-glossary/offer-of-judgment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/offer-of-judgment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-osha","term":"OSHA (Occupational Safety and Health Administration)","slug":"osha","letter":"O","definition":"The federal agency responsible for setting and enforcing workplace safety standards.","category":"Workplace Injuries","relatedTerms":["safety-violation","workplace-safety","regulatory-compliance"],"legalContext":"OSHA violations can be evidence of negligence in workplace injury cases. Serious violations may support third-party claims or claims for additional damages.","url":"https://hurtadvice.com/resources/legal-glossary/osha","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/osha","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-pain-and-suffering","term":"Pain and Suffering","slug":"pain-and-suffering","letter":"P","definition":"Physical pain and emotional distress experienced as a result of an injury, compensable as non-economic damages.","category":"Types of Damages","relatedTerms":["non-economic-damages","emotional-distress","general-damages"],"legalContext":"Pain and suffering includes both the physical discomfort from injuries and the mental anguish of dealing with the accident and recovery. Journals documenting daily pain levels can help prove these damages.","url":"https://hurtadvice.com/resources/legal-glossary/pain-and-suffering","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/pain-and-suffering","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-pain-diary","term":"Pain Diary/Journal","slug":"pain-diary","letter":"P","definition":"A daily record of pain levels, symptoms, and how injuries affect daily life.","category":"Evidence & Documentation","relatedTerms":["documentation","pain-and-suffering","evidence"],"legalContext":"Keeping a pain diary helps document non-economic damages and provides specific details that make your suffering real to a jury.","url":"https://hurtadvice.com/resources/legal-glossary/pain-diary","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/pain-diary","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-per-diem","term":"Per Diem Argument","slug":"per-diem","letter":"P","definition":"A method of calculating pain and suffering damages by assigning a daily dollar value and multiplying by the number of affected days.","category":"Types of Damages","relatedTerms":["pain-and-suffering","damages-calculation","closing-argument"],"legalContext":"Attorneys may argue for a per diem amount (e.g., $100/day for pain) multiplied by life expectancy to help juries calculate non-economic damages.","url":"https://hurtadvice.com/resources/legal-glossary/per-diem","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/per-diem","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-permanent-impairment","term":"Permanent Impairment","slug":"permanent-impairment","letter":"P","definition":"A lasting physical or mental condition that remains after an injury has healed as much as possible.","category":"Medical & Injury Terms","relatedTerms":["maximum-medical-improvement","disability-rating","functional-capacity"],"legalContext":"Permanent impairment ratings, typically expressed as a percentage, help quantify the lasting effects of an injury for purposes of calculating damages.","url":"https://hurtadvice.com/resources/legal-glossary/permanent-impairment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/permanent-impairment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-personal-injury-protection","term":"Personal Injury Protection (PIP)","slug":"personal-injury-protection","letter":"P","definition":"Insurance coverage that pays for medical expenses and lost wages regardless of fault.","category":"Insurance Terms","relatedTerms":["med-pay","no-fault","first-party-coverage"],"legalContext":"California doesn't require PIP (it's an at-fault state), but some policies include it. PIP coverage provides immediate benefits without determining fault.","url":"https://hurtadvice.com/resources/legal-glossary/personal-injury-protection","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/personal-injury-protection","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-pip","term":"PIP (Personal Injury Protection)","slug":"pip","letter":"P","definition":"A type of no-fault auto insurance coverage that pays for medical expenses, lost wages, and other costs regardless of fault.","category":"Insurance Terms","relatedTerms":["med-pay","no-fault-insurance","first-party-coverage"],"legalContext":"California does not require PIP coverage (it's a tort state), but some policies may include it. PIP is more common in no-fault insurance states.","url":"https://hurtadvice.com/resources/legal-glossary/pip","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/pip","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-plaintiff","term":"Plaintiff","slug":"plaintiff","letter":"P","definition":"The person or party who initiates a lawsuit by filing a complaint against another party (the defendant) in civil court.","category":"General Legal Terms","relatedTerms":["defendant","complainant","claimant"],"legalContext":"In personal injury cases, the plaintiff is typically the injured person seeking compensation from the party responsible for their injuries. The plaintiff has the burden of proving their case.","url":"https://hurtadvice.com/resources/legal-glossary/plaintiff","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/plaintiff","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-police-report","term":"Police Report","slug":"police-report","letter":"P","definition":"An official document prepared by law enforcement officers documenting the details of an accident or incident.","category":"Evidence & Documentation","relatedTerms":["accident-report","evidence","documentation"],"legalContext":"Police reports are valuable evidence containing witness statements, officer observations, and sometimes fault determinations. Get a copy of any police report filed about your accident.","url":"https://hurtadvice.com/resources/legal-glossary/police-report","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/police-report","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-policy-limits","term":"Policy Limits","slug":"policy-limits","letter":"P","definition":"The maximum amount an insurance company will pay for a covered claim under an insurance policy.","category":"Insurance Terms","relatedTerms":["coverage","underinsured-motorist","umbrella-policy"],"legalContext":"If your damages exceed the at-fault party's policy limits, you may need to pursue additional sources of recovery, such as your own underinsured motorist coverage or the defendant's personal assets.","url":"https://hurtadvice.com/resources/legal-glossary/policy-limits","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/policy-limits","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-power-of-attorney","term":"Power of Attorney","slug":"power-of-attorney","letter":"P","definition":"A legal document authorizing someone to act on another's behalf in legal or financial matters.","category":"General Legal Terms","relatedTerms":["guardian","conservator","legal-authority"],"legalContext":"If an accident victim is incapacitated, a person with power of attorney can make legal and financial decisions on their behalf, including pursuing injury claims.","url":"https://hurtadvice.com/resources/legal-glossary/power-of-attorney","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/power-of-attorney","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-pre-existing-condition","term":"Pre-Existing Condition","slug":"pre-existing-condition","letter":"P","definition":"A medical condition that existed before the accident in question.","category":"Medical & Injury Terms","relatedTerms":["eggshell-plaintiff","aggravation","prior-injury"],"legalContext":"Under the \"eggshell plaintiff\" rule, defendants must take victims as they find them. If an accident aggravates a pre-existing condition, you can recover damages for that aggravation.","url":"https://hurtadvice.com/resources/legal-glossary/pre-existing-condition","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/pre-existing-condition","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-precedent","term":"Precedent","slug":"precedent","letter":"P","definition":"A court decision that serves as an example or authority for deciding similar cases in the future.","category":"General Legal Terms","relatedTerms":["case-law","stare-decisis","binding-authority"],"legalContext":"Lower courts must follow precedent from higher courts in their jurisdiction. Attorneys cite precedent to support their legal arguments.","url":"https://hurtadvice.com/resources/legal-glossary/precedent","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/precedent","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-premises-liability","term":"Premises Liability","slug":"premises-liability","letter":"P","definition":"Legal responsibility of property owners for injuries that occur on their property.","category":"Liability & Negligence","relatedTerms":["slip-and-fall","property-owner","dangerous-condition"],"legalContext":"Premises liability covers slip and falls, inadequate security, and other hazards on property. The owner's duty varies based on whether you're an invitee, licensee, or trespasser.","url":"https://hurtadvice.com/resources/legal-glossary/premises-liability","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/premises-liability","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-premium","term":"Premium","slug":"premium","letter":"P","definition":"The amount of money paid to an insurance company for coverage, typically on a monthly or annual basis.","category":"Insurance Terms","relatedTerms":["deductible","coverage","policy"],"legalContext":"Your insurance premiums may increase after an accident, even if you weren't at fault. This is a factor to consider when deciding whether to file certain types of claims.","url":"https://hurtadvice.com/resources/legal-glossary/premium","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/premium","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-preponderance-of-evidence","term":"Preponderance of the Evidence","slug":"preponderance-of-evidence","letter":"P","definition":"The standard of proof in civil cases requiring that the evidence shows it is more likely than not (greater than 50%) that the claim is true.","category":"Evidence & Documentation","relatedTerms":["burden-of-proof","standard-of-proof","evidence"],"legalContext":"This is a lower standard than \"beyond a reasonable doubt\" used in criminal cases. If the evidence slightly favors the plaintiff, they meet their burden.","url":"https://hurtadvice.com/resources/legal-glossary/preponderance-of-evidence","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/preponderance-of-evidence","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-present-value","term":"Present Value","slug":"present-value","letter":"P","definition":"The current worth of future payments, discounted to account for interest that could be earned over time.","category":"Types of Damages","relatedTerms":["future-damages","discount-rate","economist"],"legalContext":"Future damages awards are often reduced to present value. A lump sum today is worth more than the same amount spread over many years.","url":"https://hurtadvice.com/resources/legal-glossary/present-value","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/present-value","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-prima-facie","term":"Prima Facie","slug":"prima-facie","letter":"P","definition":"Latin for \"at first sight.\" Evidence sufficient to establish a fact or case unless contradicted.","category":"Evidence & Documentation","relatedTerms":["burden-of-proof","evidence","elements"],"legalContext":"A plaintiff must present a prima facie case showing all elements of their claim before the defendant is required to present a defense.","url":"https://hurtadvice.com/resources/legal-glossary/prima-facie","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/prima-facie","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-pro-bono","term":"Pro Bono","slug":"pro-bono","letter":"P","definition":"Legal work performed without charge for the public good.","category":"Settlement & Negotiation","relatedTerms":["contingency-fee","legal-aid","free-legal-services"],"legalContext":"Some attorneys take certain cases pro bono. However, most personal injury attorneys work on contingency, which differs from pro bono work.","url":"https://hurtadvice.com/resources/legal-glossary/pro-bono","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/pro-bono","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-product-liability","term":"Product Liability","slug":"product-liability","letter":"P","definition":"Legal responsibility of manufacturers and sellers for injuries caused by defective products.","category":"Liability & Negligence","relatedTerms":["strict-liability","defective-product","manufacturing-defect"],"legalContext":"Product liability cases can be based on design defects, manufacturing defects, or failure to warn. Strict liability often applies, meaning negligence doesn't need to be proven.","url":"https://hurtadvice.com/resources/legal-glossary/product-liability","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/product-liability","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-prognosis","term":"Prognosis","slug":"prognosis","letter":"P","definition":"A medical prediction about the likely course and outcome of an injury or illness.","category":"Medical & Injury Terms","relatedTerms":["maximum-medical-improvement","future-damages","diagnosis"],"legalContext":"Your prognosis affects case value significantly. A good prognosis may mean lower damages; a poor prognosis may support substantial future damages.","url":"https://hurtadvice.com/resources/legal-glossary/prognosis","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/prognosis","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-property-damage","term":"Property Damage","slug":"property-damage","letter":"P","definition":"Damage to tangible property, such as vehicles, personal belongings, or real estate.","category":"Types of Damages","relatedTerms":["vehicle-damage","personal-property","economic-damages"],"legalContext":"Property damage claims cover vehicle repairs, replacement, and damage to personal items in the vehicle. These are separate from bodily injury claims.","url":"https://hurtadvice.com/resources/legal-glossary/property-damage","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/property-damage","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-protective-order","term":"Protective Order","slug":"protective-order","letter":"P","definition":"A court order that limits disclosure of sensitive information during litigation.","category":"Legal Procedures","relatedTerms":["confidentiality","discovery","seal"],"legalContext":"Protective orders may be used to keep medical records, financial information, or trade secrets confidential during discovery.","url":"https://hurtadvice.com/resources/legal-glossary/protective-order","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/protective-order","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-proximate-cause","term":"Proximate Cause","slug":"proximate-cause","letter":"P","definition":"A cause that is legally sufficient to establish liability because it is closely connected to the resulting harm and was foreseeable.","category":"Liability & Negligence","relatedTerms":["causation","but-for-causation","foreseeability"],"legalContext":"Even if a defendant's actions contributed to an injury, they may not be liable if the harm was not a foreseeable consequence. Proximate cause limits liability to reasonably anticipated results.","url":"https://hurtadvice.com/resources/legal-glossary/proximate-cause","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/proximate-cause","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-punitive-damages","term":"Punitive Damages","slug":"punitive-damages","letter":"P","definition":"Additional damages awarded to punish the defendant for particularly egregious, malicious, or reckless conduct and to deter similar behavior.","category":"Types of Damages","relatedTerms":["exemplary-damages","gross-negligence","malice"],"legalContext":"Punitive damages are relatively rare in personal injury cases and require proof of malice, fraud, or oppression. They may be awarded in cases involving drunk driving or intentional harm.","url":"https://hurtadvice.com/resources/legal-glossary/punitive-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/punitive-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-rear-end-collision","term":"Rear-End Collision","slug":"rear-end-collision","letter":"R","definition":"An accident where one vehicle strikes the back of another vehicle.","category":"Vehicle Accidents","relatedTerms":["following-distance","whiplash","chain-reaction"],"legalContext":"The rear driver is usually at fault in rear-end collisions due to following too closely or failing to stop. However, there can be exceptions, such as sudden lane changes.","url":"https://hurtadvice.com/resources/legal-glossary/rear-end-collision","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/rear-end-collision","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-reasonable-person","term":"Reasonable Person Standard","slug":"reasonable-person","letter":"R","definition":"A legal standard measuring conduct against what a hypothetical \"reasonable person\" would do in similar circumstances.","category":"Liability & Negligence","relatedTerms":["standard-of-care","negligence","objective-standard"],"legalContext":"Negligence is often determined by asking whether a reasonable person would have acted differently. This objective standard applies regardless of the defendant's actual intentions.","url":"https://hurtadvice.com/resources/legal-glossary/reasonable-person","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/reasonable-person","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-release","term":"Release","slug":"release","letter":"R","definition":"A legal document in which one party gives up their right to pursue further claims against another party.","category":"Settlement & Negotiation","relatedTerms":["settlement","waiver","discharge"],"legalContext":"When you settle a personal injury case, you sign a release giving up all future claims related to the accident. Make sure you understand the full extent of your injuries before signing.","url":"https://hurtadvice.com/resources/legal-glossary/release","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/release","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-remittitur","term":"Remittitur","slug":"remittitur","letter":"R","definition":"A court's reduction of a jury's damages award deemed excessive.","category":"Court & Litigation","relatedTerms":["additur","damages","jury-award"],"legalContext":"If a judge believes the jury's damages award is unreasonably high, they may order a remittitur, giving the plaintiff the choice of accepting a lower amount or a new trial.","url":"https://hurtadvice.com/resources/legal-glossary/remittitur","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/remittitur","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-res-ipsa-loquitur","term":"Res Ipsa Loquitur","slug":"res-ipsa-loquitur","letter":"R","definition":"Latin for \"the thing speaks for itself.\" A doctrine allowing negligence to be inferred when the accident wouldn't normally occur without negligence.","category":"Liability & Negligence","relatedTerms":["inference","presumption","negligence"],"legalContext":"If a surgical instrument is left inside you after surgery, res ipsa loquitur may apply because this wouldn't happen without someone's negligence.","url":"https://hurtadvice.com/resources/legal-glossary/res-ipsa-loquitur","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/res-ipsa-loquitur","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-reservation-of-rights","term":"Reservation of Rights","slug":"reservation-of-rights","letter":"R","definition":"A notice from an insurance company stating they will investigate a claim but reserve the right to deny coverage later.","category":"Insurance Terms","relatedTerms":["coverage-dispute","denial","policy-exclusion"],"legalContext":"When you receive a reservation of rights letter, the insurance company is warning that while they're investigating, they may ultimately determine the incident isn't covered.","url":"https://hurtadvice.com/resources/legal-glossary/reservation-of-rights","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/reservation-of-rights","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-respondeat-superior","term":"Respondeat Superior","slug":"respondeat-superior","letter":"R","definition":"Latin for \"let the master answer.\" A doctrine holding employers liable for employees' negligent acts within the scope of employment.","category":"Liability & Negligence","relatedTerms":["vicarious-liability","employer-liability","scope-of-employment"],"legalContext":"If a delivery driver causes an accident while making deliveries, the employer is typically liable under respondeat superior.","url":"https://hurtadvice.com/resources/legal-glossary/respondeat-superior","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/respondeat-superior","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-retainer","term":"Retainer","slug":"retainer","letter":"R","definition":"An upfront fee paid to an attorney to secure their services.","category":"Settlement & Negotiation","relatedTerms":["contingency-fee","attorney-fees","engagement"],"legalContext":"Personal injury attorneys typically don't require retainers because they work on contingency. However, other types of attorneys may require retainers.","url":"https://hurtadvice.com/resources/legal-glossary/retainer","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/retainer","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-rollover-accident","term":"Rollover Accident","slug":"rollover-accident","letter":"R","definition":"An accident where a vehicle tips over onto its side or roof.","category":"Vehicle Accidents","relatedTerms":["roof-crush","ejection","product-liability"],"legalContext":"Rollovers often involve SUVs and trucks with higher centers of gravity. Roof crush and ejection are major injury mechanisms in rollovers.","url":"https://hurtadvice.com/resources/legal-glossary/rollover-accident","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/rollover-accident","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-service-of-process","term":"Service of Process","slug":"service-of-process","letter":"S","definition":"The formal delivery of legal documents to a party to notify them of the lawsuit and court proceedings.","category":"Legal Procedures","relatedTerms":["summons","complaint","due-process"],"legalContext":"Proper service of process is required to give the court jurisdiction over the defendant. Failure to properly serve can result in dismissal of the case.","url":"https://hurtadvice.com/resources/legal-glossary/service-of-process","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/service-of-process","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-settlement","term":"Settlement","slug":"settlement","letter":"S","definition":"An agreement between parties to resolve a dispute without going to trial, typically involving payment to the injured party.","category":"Settlement & Negotiation","relatedTerms":["settlement-agreement","release","negotiation"],"legalContext":"Most personal injury cases settle before trial. Settlements provide certainty and avoid the risks and costs of litigation, but may result in lower compensation than a trial verdict.","url":"https://hurtadvice.com/resources/legal-glossary/settlement","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/settlement","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-settlement-conference","term":"Settlement Conference","slug":"settlement-conference","letter":"S","definition":"A meeting between parties, attorneys, and often a judge or mediator to discuss settling the case.","category":"Settlement & Negotiation","relatedTerms":["mediation","pretrial-conference","negotiation"],"legalContext":"Courts often require settlement conferences before trial. A judge may give their assessment of the case, which can motivate settlement.","url":"https://hurtadvice.com/resources/legal-glossary/settlement-conference","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/settlement-conference","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-slip-and-fall","term":"Slip and Fall","slug":"slip-and-fall","letter":"S","definition":"An accident where a person slips, trips, or falls on someone else's property due to a dangerous condition.","category":"Personal Injury Basics","relatedTerms":["premises-liability","dangerous-condition","notice"],"legalContext":"Slip and fall cases require proving the property owner knew or should have known about the hazard and failed to fix it or warn visitors.","url":"https://hurtadvice.com/resources/legal-glossary/slip-and-fall","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/slip-and-fall","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-soft-tissue-injury","term":"Soft Tissue Injury","slug":"soft-tissue-injury","letter":"S","definition":"Damage to muscles, ligaments, or tendons, as opposed to injuries affecting bones or organs.","category":"Medical & Injury Terms","relatedTerms":["whiplash","sprain","strain","contusion"],"legalContext":"Insurance companies often try to minimize soft tissue injuries. However, these injuries can cause chronic pain and disability. Thorough medical documentation is essential.","url":"https://hurtadvice.com/resources/legal-glossary/soft-tissue-injury","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/soft-tissue-injury","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-special-damages","term":"Special Damages","slug":"special-damages","letter":"S","definition":"Another term for economic damages—quantifiable monetary losses with specific dollar amounts.","category":"Types of Damages","relatedTerms":["economic-damages","general-damages","out-of-pocket"],"legalContext":"Special damages include medical bills, lost wages, and property damage. They're \"special\" because they're specific to your case and must be proven with documentation.","url":"https://hurtadvice.com/resources/legal-glossary/special-damages","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/special-damages","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-spinal-cord-injury","term":"Spinal Cord Injury","slug":"spinal-cord-injury","letter":"S","definition":"Damage to the spinal cord that results in loss of function, sensation, or mobility below the level of injury.","category":"Medical & Injury Terms","relatedTerms":["paralysis","paraplegia","quadriplegia","catastrophic-injury"],"legalContext":"Spinal cord injuries are among the most catastrophic, often resulting in paralysis. These cases typically involve substantial damages for lifelong care and lost earning capacity.","url":"https://hurtadvice.com/resources/legal-glossary/spinal-cord-injury","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/spinal-cord-injury","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-standard-of-care","term":"Standard of Care","slug":"standard-of-care","letter":"S","definition":"The degree of care and caution that a reasonable person would exercise in similar circumstances.","category":"Liability & Negligence","relatedTerms":["duty-of-care","reasonable-person","negligence"],"legalContext":"The standard of care varies by context. Medical professionals are held to the standard of a reasonably competent practitioner in their field.","url":"https://hurtadvice.com/resources/legal-glossary/standard-of-care","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/standard-of-care","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-statute","term":"Statute","slug":"statute","letter":"S","definition":"A written law enacted by a legislative body.","category":"General Legal Terms","relatedTerms":["legislation","code","law"],"legalContext":"Many rules governing personal injury cases come from statutes, including the statute of limitations, comparative negligence rules, and damage caps in certain cases.","url":"https://hurtadvice.com/resources/legal-glossary/statute","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/statute","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-statute-of-limitations","term":"Statute of Limitations","slug":"statute-of-limitations","letter":"S","definition":"A law that sets the maximum time after an event within which legal proceedings may be initiated.","category":"Legal Procedures","relatedTerms":["tolling","discovery-rule","deadline"],"legalContext":"In California, the statute of limitations for most personal injury claims is 2 years from the date of injury. Missing this deadline typically bars you from filing a lawsuit, regardless of the merits of your case.","url":"https://hurtadvice.com/resources/legal-glossary/statute-of-limitations","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/statute-of-limitations","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-statute-of-repose","term":"Statute of Repose","slug":"statute-of-repose","letter":"S","definition":"A law that bars claims after a certain time from the defendant's act, regardless of when the injury was discovered.","category":"Legal Procedures","relatedTerms":["statute-of-limitations","time-bar","construction-defect"],"legalContext":"Unlike statutes of limitations (which run from injury discovery), statutes of repose run from the defendant's conduct and cannot be tolled.","url":"https://hurtadvice.com/resources/legal-glossary/statute-of-repose","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/statute-of-repose","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-stay","term":"Stay","slug":"stay","letter":"S","definition":"A court order halting or suspending legal proceedings.","category":"Legal Procedures","relatedTerms":["abeyance","suspension","pending"],"legalContext":"A case may be stayed pending appeal, arbitration, or resolution of related proceedings in another court.","url":"https://hurtadvice.com/resources/legal-glossary/stay","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/stay","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-stipulation","term":"Stipulation","slug":"stipulation","letter":"S","definition":"An agreement between parties in a lawsuit about certain facts or procedures.","category":"Legal Procedures","relatedTerms":["agreement","admission","concession"],"legalContext":"Parties may stipulate to facts that aren't in dispute, saving time at trial. Stipulations are binding once agreed upon.","url":"https://hurtadvice.com/resources/legal-glossary/stipulation","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/stipulation","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-strict-liability","term":"Strict Liability","slug":"strict-liability","letter":"S","definition":"Liability imposed without proof of negligence, typically in cases involving inherently dangerous activities or defective products.","category":"Liability & Negligence","relatedTerms":["product-liability","absolute-liability","defective-product"],"legalContext":"Product liability cases often involve strict liability. If a defective product injures you, you don't need to prove the manufacturer was negligent—only that the product was defective.","url":"https://hurtadvice.com/resources/legal-glossary/strict-liability","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/strict-liability","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-structured-settlement","term":"Structured Settlement","slug":"structured-settlement","letter":"S","definition":"A settlement paid out in periodic payments over time rather than a single lump sum.","category":"Settlement & Negotiation","relatedTerms":["lump-sum","annuity","settlement"],"legalContext":"Structured settlements can provide tax advantages and ensure funds are available for future needs. They're often used in cases involving minors or catastrophic injuries.","url":"https://hurtadvice.com/resources/legal-glossary/structured-settlement","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/structured-settlement","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-subpoena","term":"Subpoena","slug":"subpoena","letter":"S","definition":"A legal document commanding a person to appear in court or produce documents.","category":"Court & Litigation","relatedTerms":["discovery","subpoena-duces-tecum","witness"],"legalContext":"Subpoenas can be used to obtain medical records, employment records, or other documents relevant to your case, and to compel witnesses to testify.","url":"https://hurtadvice.com/resources/legal-glossary/subpoena","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/subpoena","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-subrogation","term":"Subrogation","slug":"subrogation","letter":"S","definition":"The right of an insurance company to pursue a third party that caused an insurance loss to the insured.","category":"Insurance Terms","relatedTerms":["lien","reimbursement","third-party-claim"],"legalContext":"If your health insurance pays your medical bills after an accident, they may have subrogation rights to recover those payments from any settlement you receive from the at-fault party.","url":"https://hurtadvice.com/resources/legal-glossary/subrogation","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/subrogation","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-summary-judgment","term":"Summary Judgment","slug":"summary-judgment","letter":"S","definition":"A court ruling that decides a case before trial based on the argument that there are no disputed material facts.","category":"Court & Litigation","relatedTerms":["motion","judgment","trial"],"legalContext":"Either side can file for summary judgment. If granted, the case ends without trial. Courts grant summary judgment only when the evidence clearly favors one side.","url":"https://hurtadvice.com/resources/legal-glossary/summary-judgment","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/summary-judgment","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-survival-action","term":"Survival Action","slug":"survival-action","letter":"S","definition":"A lawsuit on behalf of a deceased person's estate for damages the person suffered before death.","category":"Personal Injury Basics","relatedTerms":["wrongful-death","estate","decedent"],"legalContext":"Unlike wrongful death claims (for survivors' losses), survival actions recover damages the deceased experienced, such as medical expenses and pain before death.","url":"https://hurtadvice.com/resources/legal-glossary/survival-action","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/survival-action","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-t-bone-accident","term":"T-Bone Accident","slug":"t-bone-accident","letter":"T","definition":"A collision where the front of one vehicle strikes the side of another, forming a \"T\" shape.","category":"Vehicle Accidents","relatedTerms":["intersection-accident","side-impact","right-of-way"],"legalContext":"Also called side-impact or broadside collisions, T-bone accidents often occur at intersections and can cause severe injuries to occupants on the struck side.","url":"https://hurtadvice.com/resources/legal-glossary/t-bone-accident","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/t-bone-accident","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-testimony","term":"Testimony","slug":"testimony","letter":"T","definition":"Evidence given by a witness under oath, either orally in court or in a written deposition.","category":"Evidence & Documentation","relatedTerms":["witness","deposition","cross-examination"],"legalContext":"Testimony from the parties, eyewitnesses, and experts is crucial evidence in personal injury trials. Inconsistencies in testimony can damage credibility.","url":"https://hurtadvice.com/resources/legal-glossary/testimony","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/testimony","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-third-party-claim","term":"Third-Party Claim","slug":"third-party-claim","letter":"T","definition":"A personal injury claim against someone other than your employer for a workplace injury.","category":"Workplace Injuries","relatedTerms":["workers-compensation","product-liability","subcontractor"],"legalContext":"If a defective machine or negligent contractor caused your work injury, you can file a third-party claim in addition to receiving workers' compensation benefits.","url":"https://hurtadvice.com/resources/legal-glossary/third-party-claim","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/third-party-claim","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-tolling","term":"Tolling","slug":"tolling","letter":"T","definition":"The legal pausing or suspension of the statute of limitations period.","category":"Legal Procedures","relatedTerms":["statute-of-limitations","discovery-rule","exception"],"legalContext":"The statute of limitations may be tolled (paused) in certain situations, such as when the plaintiff is a minor, mentally incapacitated, or the defendant is out of state.","url":"https://hurtadvice.com/resources/legal-glossary/tolling","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/tolling","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-tort","term":"Tort","slug":"tort","letter":"T","definition":"A civil wrong, other than breach of contract, for which the law provides a remedy, typically in the form of damages.","category":"General Legal Terms","relatedTerms":["tortfeasor","negligence","intentional-tort"],"legalContext":"Personal injury law is a branch of tort law. When someone's negligent or intentional actions harm you, you can file a tort claim to recover compensation for your losses.","url":"https://hurtadvice.com/resources/legal-glossary/tort","sourceUrl":"https://hurtadvice.com/resources/legal-glossary/tort","sourceName":"Hurt Advice Legal Glossary","sourceType":"reference-entry","lastVerified":"2026-05-24T18:41:02.566Z"},{"id":"term-tortfeasor","term":"Tortfeasor","slug":"tortfeasor","letter":"T","definition":"A person or entity who commits a tort (civil wrong) that causes injury or damage to another.","category":"General Legal Terms","relatedTerms":["tort","defendant","joint-and-several-liability"],"legalContext":"The tortfeasor in a car accident case is typically the at-fault driver. 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