Personal injury legal glossary

A fee arrangement in which the lawyer’s fee is tied to a recovery. The written agreement should explain the percentage, case expenses, and what happens if there is no recovery.

Money sought or awarded for legally recognized harm. Depending on the claim and state law, this may include documented financial losses and certain non-economic losses.

Questioning of a witness under oath before trial as part of discovery. The testimony is recorded and may be used in the case.

The stage of a lawsuit in which parties exchange information and evidence under applicable court rules.

A device that synchronizes with a commercial vehicle’s engine to record driving time for hours-of-service records. Not every crash involves useful ELD data.

A process in which a neutral person helps parties explore a voluntary resolution. It can occur during litigation and does not itself guarantee settlement.

A failure to use the care the law requires under the circumstances. A negligence claim also requires proof of causation and legally recognized harm.

An agreement to resolve a dispute. Its exact terms, including any release of claims, should be reviewed before acceptance.

A legal time limit for bringing a claim. The period and when it begins vary by jurisdiction and type of claim; other notice rules may also apply.

A claim that may allow an estate or authorized person to pursue a cause of action the deceased person had. It differs from a wrongful death claim, and state law controls.

Auto coverage that may apply when an at-fault driver’s liability insurance is insufficient for a covered loss. Policy terms and state rules control.

Auto coverage that may apply when an at-fault driver has no applicable liability insurance. Coverage and claim requirements depend on the policy and state law.

A civil claim arising from a death allegedly caused by another party’s wrongful conduct. State law determines who may bring it and what losses may be claimed.