Personal Injury Terminology 101

Legal terms can be challenging to understand, even in context.
Here are some of the most common terms you’re likely to encounter after filing a personal injury lawsuit:
Adjuster
In the insurance industry, an adjuster is an agent who investigates claims. Adjusters sometimes participate in settlement negotiations as well.
Consultation
A consultation is a meeting between an attorney and a prospective client.
During a consultation, the client explains the facts of their claim and has an opportunity to ask questions about compensation and legal proceedings. Some consultations require payment, but that is not always the case. Personal injury lawyers, such as the Dietrich Law Firm P.C., typically offer free consultations to accident victims.
Contingency Fee
A contingency fee is a type of payment arrangement.
If your lawyer works on a contingency fee basis, it means that they only take payment as a percentage of your settlement or court-ordered award. You do not pay any money upfront, and you will not be required to reimburse your attorney if they are unable to recover damages.
Contingency fees in New York cannot typically exceed 1/3 of your total compensation.
Damages
Damages are compensation for different types of loss and hardship.
Damages usually fall into three categories:
1. Special damages, which compensate for verifiable economic loss;
2. General damages, which compensate less-tangible forms of pain, suffering, and hardship; and
3. Punitive damages, which are not compensatory but are instead levied solely to punish gross negligence.
Assessing damages can be complex, as various factors and formulas are used to calculate losses, including diminished earning capacity and emotional pain and suffering.
Damages Cap
A damages cap is a state law, policy, or ruling that limits the amount of compensation that can be recovered in certain types of personal injury claims. Unlike many states, New York has no cap on damages.
Decedent
The term “decedent” refers to a deceased person.
Discovery
Discovery is the formal exchange of evidence between parties.
Discovery typically begins after a lawsuit is filed and ends before a scheduled trial date. Both parties—the plaintiff and the defendant—must provide their evidence to opposing counsel during discovery.
Duty of Care
A duty of care is a legal obligation to act with “reasonable care” to avoid causing harm to others.
Defendant
The defendant is the person accused of negligence, misconduct, or other wrongdoing in a personal injury lawsuit.
Liability
Liability is the state of being responsible for an act.
Often, the person found liable, or “at fault,” for an accident is the one who caused it. However, liability may lie with other parties, including those whose policies contributed to or caused the accident.
Mediation
Mediation is an alternative dispute resolution strategy wherein the plaintiff and defendant attempt to reconcile their differences and reach a settlement outside of court. Mediation is common in personal injury cases and is sometimes required before trial.
Negligence
Negligence is the failure to exercise a reasonable standard of care, typically resulting in injury or death to another person. Different theories of negligence can be used to determine liability in various types of personal injury claims.
Plaintiff
The plaintiff is the individual who files a lawsuit against another party.
Proximate Cause
The proximate cause of an accident is an action or event that results in an injury, without which the injury would not have occurred.
Settlement
A settlement is an agreement to end a lawsuit before trial.
Settlements often involve compensation.
Tort
A tort is an action or omission that causes another person or party to suffer harm or loss.
Torts can result in physical injury, mental distress, financial loss, or any combination thereof.