California Personal Injury Glossary: Common Legal Terms Explained
This glossary explains common personal injury and insurance terms as they apply under California law, using plain, easy-to-understand language. Whether you were recently injured, researching your rights, or reviewing a claim or settlement, this resource is designed to help you understand the terminology you may encounter throughout a California personal injury case.
Index
A
Aggravation of a Pre-Existing Condition
When an accident makes an existing injury or medical condition worse. California law allows compensation for the worsening caused by the accident.
Answer
The defendant’s formal written response to a lawsuit.
Appeal
A request for a higher court to review a trial court’s decision.
Arbitration
A private dispute-resolution process where a neutral third party decides the case outside of court.
Attorney-Client Privilege
A legal rule that keeps communications between a lawyer and client confidential.
B
Bad Faith (Insurance)
When an insurance company unreasonably delays, underpays, or denies a valid claim. California law allows penalties in proven bad-faith cases.
Bodily Injury Liability Coverage
Auto insurance that pays for injuries caused to others. California’s minimum limits are often insufficient for serious injuries.
Burden of Proof
The requirement to show that a claim is more likely true than not.
C
Case Costs
Out-of-pocket expenses required to pursue a case, such as medical records, experts, and court fees.
Case Value
An estimate of what a personal injury claim may be worth based on damages and liability.
Causation
Proof that the accident directly caused the injury.
Claim
A request for compensation made to an insurance company.
Comparative Negligence (California)
California’s rule allowing recovery even if the injured person was partly at fault. Compensation is reduced by the person’s percentage of fault.
Complaint
The legal document that starts a lawsuit.
Contingency Fee
An attorney fee paid only if compensation is recovered, usually as a percentage of the result.
D
Damages
The losses suffered because of an injury.
Dangerous Condition of Public Property
A California claim involving unsafe public roads, sidewalks, or facilities.
Defendant
The person or company accused of causing the injury.
Demand Letter
A formal written request for settlement explaining liability and damages.
Deposition
Sworn testimony taken outside of court before trial.
Discovery
The phase where both sides exchange evidence.
Duty of Care
The legal obligation to act reasonably to avoid harming others.
E
Economic Damages
Financial losses such as medical bills and lost wages.
Emotional Distress
Mental suffering such as anxiety, fear, or trauma caused by an accident.
Evidence
Information used to prove what happened.
Excess Coverage
Insurance that applies after primary policy limits are exhausted.
Expert Witness
A qualified professional who provides specialized opinions in a case.
F
Fault
Responsibility for causing an accident.
First-Party Claim
A claim made under your own insurance policy.
Free Consultation
An initial meeting with a personal injury lawyer at no cost.
G
Government Claim (California Tort Claim)
A special claim required before suing a government entity, often due within six months.
H
Heirs at Law
Family members legally entitled to bring a wrongful death claim in California.
Holdback
Settlement funds temporarily withheld to resolve liens or disputes.
I
Independent Medical Examination (IME)
A medical exam requested by the defense to challenge injury claims.
Insurance Adjuster
The insurance company representative who evaluates claims.
J
Joint and Several Liability (California)
A rule allowing full recovery of economic damages from any at-fault defendant, while non-economic damages are divided by fault.
L
Liability
Legal responsibility for causing harm.
Lien
A legal claim against settlement funds, often from medical providers.
Litigation
The process of resolving a dispute through the court system.
Loss of Consortium
Compensation for loss of companionship and support suffered by a spouse.
Loss of Earning Capacity
Reduced ability to earn income in the future.
Loss of Enjoyment of Life
Loss of ability to enjoy daily activities due to injury.
M
Maximum Medical Improvement (MMI)
The point when further medical recovery is not expected.
Mediation
A negotiation process using a neutral third party to help resolve a case.
Medical Bills
Charges for treatment related to the injury.
Medical Records
Documentation of diagnosis, treatment, and prognosis.
Medical Payments Coverage (MedPay)
Auto insurance that pays medical bills regardless of fault.
N
Negligence
Failure to act with reasonable care, causing injury.
Net Recovery
The amount the client receives after fees and costs.
Non-Economic Damages
Intangible losses such as pain and suffering.
P
Pain and Suffering
Physical pain and emotional hardship caused by injury.
Permanent Injury
An injury causing long-term or lifelong effects.
Plaintiff
The injured person bringing the claim.
Policy Limits
The maximum amount an insurance policy will pay.
Policy Tender
When an insurer offers the full policy limits.
Pre-Existing Condition
A medical condition that existed before the accident.
Premises Liability
Injuries caused by unsafe property conditions.
Prognosis
A medical prediction about future recovery.
Punitive Damages (California)
Damages meant to punish extreme misconduct. Rare and case-specific.
R
Release
A document that ends a claim and prevents future lawsuits.
Reservation of Rights
When an insurer defends a claim while reserving the right to deny coverage.
S
Settlement
An agreement resolving a case without trial.
Settlement Conference
A court-ordered meeting to encourage resolution.
Settlement Statement
A breakdown of how settlement funds are distributed.
Slip and Fall
A premises liability claim involving unsafe walking surfaces.
Statute of Limitations (California)
The deadline to file a lawsuit. Most injury cases: two years. Government claims: much shorter.
Structured Settlement
Compensation paid over time rather than in a lump sum.
Subrogation
When an insurer seeks reimbursement after paying benefits.
Survival Action (California)
A claim for damages the deceased suffered before death.
T
Third-Party Claim
A claim made against someone else’s insurance.
Trial
A court proceeding where a judge or jury decides the case.
Trial Risk
The uncertainty involved in taking a case to verdict.
U
Umbrella Policy
Additional insurance coverage beyond standard limits.
Underinsured Motorist Coverage (UIM)
Coverage when the at-fault driver lacks sufficient insurance.
Uninsured Motorist Coverage (UM)
Coverage when the at-fault driver has no insurance.
V
Venue
The court location where a case is filed.
Verdict
The final decision reached by a judge or jury.
Voir Dire
The jury selection process.
W
Wrongful Death (California)
A claim brought by surviving family members after a death caused by negligence.
Knowing the terminology helps—but knowing how it applies to you matters most. We offer free consultations if you’d like to talk things through.