Glossary of Personal Injury Terms

Definition: Negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person.

Example: A driver texting while driving and causing an accident may be considered negligent because they didn’t pay proper attention to the road.

Definition: The legal obligation to act with a certain level of care to prevent harm to others.

Example: Property owners have a duty of care to maintain safe premises for visitors.

Definition: When someone fails to fulfill their duty of care.

Example: A store owner who doesn’t fix a known hazard, like a broken floor tile, is breaching their duty of care. A customer could be injured if they trip and fall.

Definition: The connection between the breach of duty and the injury suffered.

Example: If a driver ran a red light and T-boned another vehicle, their breach of duty (running the light) is the direct cause of the victim’s resulting injuries. 

Definition: Compensation sought for losses suffered due to an injury.

Types of damages:

Economic damages: Tangible losses like medical bills, lost wages, and property damage.

Non-economic damages: Intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.

Definition: In Florida, if you are partially at fault for your injury, your compensation may be reduced by your percentage of fault. However, if your apportioned fault exceeds 50%, you’re barred from financial recovery.

Example: If you’re 20% at fault in an accident and your damages are $10,000, you can recover $8,000.

Definition: The time limit for filing a lawsuit after an injury occurs.

In Florida: Personal injury cases must generally be filed within two years of the accident (with some exceptions).

Definition: Legal responsibility for one’s actions or omissions.

Definition: Mandatory auto insurance in Florida that covers a portion of your medical expenses and lost wages regardless of fault.

Coverage: Typically provides up to $10,000 in immediate medical coverage.

Definition: A legal claim brought when someone’s negligence or misconduct results in another person’s death.

Who can file: Usually filed by a representative of the deceased’s estate.

Definition: A wrongful act leading to civil legal liability.

Example: Personal injury cases are based on tort law because they involve one person harming another.

Definition: An agreement to resolve a legal claim without going to trial.

Why it matters: Settlements can provide a quicker resolution and guaranteed compensation.

Definition: The person who brings a lawsuit seeking compensation.

Definition: The person or entity being sued.

Definition: A payment arrangement where the lawyer is paid a percentage of the settlement or verdict only if the case is won.

Typical percentage: Often around 33% to 40% of the recovery amount.

Definition: A process where a neutral third party helps disputing parties reach a settlement.

Benefit: Can save time and legal expenses by avoiding trial.

Definition: The pre-trial phase where both parties exchange information and evidence related to the case.

Definition: Insurance that covers damages for which the insured is found liable.

Example: An at-fault driver’s auto insurance covering the other driver’s damages. Note that Florida does not mandate this type of coverage.

Definition: Mental suffering caused by an incident, considered in awarding damages.

Symptoms may include: Anxiety, depression, and sleep disturbances.

Definition: Additional compensation awarded to punish a defendant for egregious conduct and deter future wrongdoing.

Note: Awarded in cases involving gross negligence or intentional harm.

Definition: When a healthcare professional’s negligence causes a patient harm.

Examples: Misdiagnosis, surgical errors, and medication mistakes.

Definition: Legal responsibility of manufacturers and sellers for defective products that cause injury.

Types of defects: design defects, manufacturing defects, and marketing defects (failure to warn).

Definition: Liability without the need to prove negligence or fault.

Example: In Florida, dog owners are strictly liable if their dog bites someone.

Definition: Insurance providing benefits to employees injured on the job, regardless of fault.

Benefits may include: Medical expenses and a portion of lost wages.

Definition: Physical and emotional pain resulting from an injury.

Considerations: The severity of the injury and its impact on daily life.

Definition: Compensation awarded to family members for loss of companionship due to the injured person’s condition.

Definition: The right of an insurer to pursue a third party responsible for an insurance loss.

Why it matters: Subrogation may affect the net amount you receive from a settlement.

Definition: The legal principle that an injured party must take reasonable steps to reduce or minimize their damages.

Example: Seeking prompt medical treatment to prevent the worsening of injuries.

Definition: A specialist who provides testimony to support aspects of a case.

Examples: Medical experts and accident reconstructionists.

Definition: An insurance company representative who evaluates claims and negotiates settlements.

Definition: A formal letter requesting compensation from the liable party.

Purpose: Initiates settlement negotiations.

Definition: The standard of proof in civil cases, meaning it is more likely than not that the claim is true.

Definition: The burden of proof standard that applies to claims for punitive damages.