Personal Injury Glossary
Essential terminology for PI law firms. Learn the terms that drive intake, screening, and case qualification decisions.
A
- Attorney-Client Privilege
- Legal protection keeping communications between attorney and client confidential and protected from disclosure.
- Arbitration
- A private dispute resolution process where an arbitrator decides the outcome instead of a court.
B
- Bad Faith Claim
- A claim against an insurer for unfairly denying or delaying legitimate payment of a valid insurance claim.
C
- Case Intake
- The process of receiving, documenting, and evaluating new client information when they first contact your law firm.
- Client Screening
- Evaluating prospective clients to determine if they meet your firm's case criteria and merit requirements.
- Conflict Check
- A review to ensure representing a new client won't conflict with existing clients or prior representations.
- Contingency Fee
- A fee structure where the attorney only gets paid if the case wins, typically as a percentage of recovery.
- Case Management System
- Software that organizes case files, deadlines, contacts, documents, and workflow for legal practices.
- Causation Analysis
- Examining the link between the alleged wrongdoing and the client's injuries to establish legal causation.
- Comparative Negligence
- A legal doctrine reducing or barring recovery based on the plaintiff's own fault percentage in causing injuries.
D
- Damages Assessment
- Evaluating the monetary value of a client's injuries, losses, and suffering to determine case viability.
- Demand Letter
- A formal letter to the at-fault party's insurer stating your client's claims and demanding specific compensation.
- Demand Package
- A comprehensive submission to an insurer including demand letter, medical records, and supporting documentation.
- Deposition
- A sworn out-of-court testimony used to gather information and preserve witness statements for trial.
E
- Evidence Gathering
- Collecting documentation, photos, records, and other proof to support your client's injury claims.
- Expert Witness
- A qualified professional who provides specialized testimony to help establish facts or opinions in litigation.
F
- Fee Agreement
- A written contract between attorney and client specifying legal fees, costs, and payment terms.
I
- Initial Consultation
- The first meeting or call with a prospective client to discuss their case, evaluate merit, and determine next steps.
- Insurance Verification
- Confirming policy existence, coverage limits, and applicable terms before pursuing claims against an insurer.
- Insurance Adjuster
- The insurance company representative who investigates claims, evaluates damages, and makes settlement recommendations.
J
- Judgment
- The official court decision resolving the legal dispute, including awarded damages and applicable legal rulings.
L
- Liability Analysis
- Examining fault, negligence, and legal responsibility to determine the strength of a liability claim.
- Loss of Consortium
- Damages claim for how injuries affect the injured person's relationship with their spouse, including companionship and services.
M
- Medical Records Request
- A formal request to healthcare providers for a patient's medical history and treatment documentation.
- Merit Evaluation
- A thorough assessment of case strengths, weaknesses, evidence quality, and potential outcomes to guide representation decisions.
- Medical Liens
- Claims by healthcare providers against settlement proceeds for treatment provided to an injured client.
- Mediation
- A voluntary negotiation process with a neutral third party helping disputing sides reach settlement.
P
- PI Case Qualifier
- A scoring tool that evaluates personal injury leads against firm criteria to determine case merit and intake priority.
- Pain and Suffering
- Non-economic damages for physical pain, emotional distress, and diminished quality of life caused by an injury.
- Pre-existing Condition
- A medical condition that existed before the current injury, often cited by insurers to reduce or deny compensation.
- Personal Injury Protection (PIP)
- No-fault auto insurance coverage that pays medical expenses and lost wages regardless of who caused the accident.
R
- Retention Agreement
- The legal contract that formally establishes the attorney-client relationship and scope of representation.
S
- Statute of Limitations
- Legal deadline for filing a lawsuit. Missing it typically bars your client from recovering any compensation.
- Settlement Negotiation
- Discussions between parties to resolve a claim without trial, typically involving the plaintiff's attorney and insurer.
- Settlement Demand
- A specific monetary amount requested from the insurer to resolve all claims in a personal injury case.
- Subrogation
- An insurer's right to seek reimbursement from a third party for claims they paid to their policyholder.
- Statute of Repose
- An absolute deadline for filing certain claims, often running from the date of the harmful act rather than discovery.
T
- Tortfeasor
- The person or entity whose negligent or wrongful conduct caused harm to another, creating legal liability.
V
- Verdict
- The final decision by a judge or jury resolving disputed facts and determining liability and damages.
W
- Written Offer
- A formal settlement offer from the insurer specifying an amount to resolve all claims, often below demand.