LEGAL TERMS &
DEFINITIONS

After a T-bone crash at an intersection, an accident reconstruction expert measures the skid marks and vehicle crush depth to prove the other driver ran the red light at 50 mph.

After your rear-end collision, the at-fault driver's insurance adjuster calls you asking for a recorded statement and offers you a quick $3,000 settlement, well below your actual medical bills.

You had mild back pain from an old sports injury, but the rear-end collision turned it into a herniated disc requiring surgery. The at-fault driver is responsible for the aggravation.

You and the insurance company can't agree on the value of your whiplash claim, so both sides present evidence to an arbitrator who awards you $45,000.

In Texas (an at-fault state), you file a claim against the other driver's liability insurance after they run a stop sign and hit your car.

You accept a ride from a visibly intoxicated friend. The defense argues you assumed the risk of injury by getting in the car, which could reduce your compensation.

Your insurer ignores your calls for months, then denies your $80,000 claim without explanation despite clear evidence the other driver was at fault.

After being hit by a distracted driver, you suffer a broken collarbone and torn rotator cuff. These are bodily injuries that entitle you to compensation.

A driver who is texting while driving and rear-ends you at a red light has breached their duty of care to drive attentively.

You don't need to prove beyond a reasonable doubt (that's criminal court). You just need to show it's more than 50% likely that the other driver caused your injuries.

You must show that the drunk driver running the red light actually caused your neck injury, not that the pain was from a fall you had the week before.

Hundreds of drivers injured by the same defective airbag join a class action against the manufacturer rather than each filing a separate case.

After a hit-and-run damages your car and the other driver is never found, your collision coverage pays for the $8,000 in repairs minus your deductible.

In a 51% bar state, if you're found 51% at fault for the accident, you get nothing. At 50% fault, you can still recover half your damages.

You were speeding 10 over when another driver ran a red light and hit you. The jury finds you 20% at fault, reducing your $100,000 award to $80,000.

A deer runs into the road and you swerve into a guardrail. Comprehensive coverage pays for the vehicle damage since it wasn't a collision with another car.

Your lawyer takes your car accident case on contingency. You settle for $90,000, and your attorney receives $30,000 (33%). If you had lost, you'd owe nothing.

In Virginia (a contributory negligence state), if you were slightly speeding when another driver T-boned you, you could be barred from recovering anything.

Your agreement says the attorney gets 33% if the case settles before trial and 40% if it goes to verdict. It also states whether court filing fees come out of your share or theirs.

Your damages from a rear-end collision include $25,000 in medical bills, $10,000 in lost wages, and $30,000 for pain and suffering, totaling $65,000.

After a delivery truck runs a red light and hits you, both the driver and the trucking company are named as defendants in your lawsuit.

Your lawyer sends a demand letter to the at-fault driver's insurer requesting $150,000, backed by medical records, bills, and documentation of your lost income.

The defense attorney asks you under oath about the accident, your injuries, and your daily limitations. Your answers can be used at trial if the case doesn't settle.

Your car was worth $30,000 before the accident. After $12,000 in repairs, its resale value drops to $22,000. You can claim $8,000 in diminished value.

During discovery, your attorney obtains the other driver's cell phone records proving they were texting at the moment of impact.

Every driver has a duty of care to obey speed limits, stop at red lights, and pay attention to the road. A driver who checks their phone while driving violates this duty.

Your collision coverage has a $1,000 deductible. After a crash with $8,000 in damage, you pay $1,000 and your insurer pays the remaining $7,000.

An orthopedic surgeon testifies that your herniated disc was caused by the collision, not by normal aging, after reviewing your MRI and medical history.

After a violent T-bone collision, you develop PTSD. You have nightmares, panic attacks in cars, and can't drive on highways. These are compensable emotional distress damages.

After a hit-and-run, you file a first-party claim under your own uninsured motorist coverage to pay for your $15,000 in medical bills.

You owe $22,000 on your car loan, but the insurer only values your totaled car at $17,000. Gap insurance covers the $5,000 difference so you're not stuck paying it.

After a serious collision, you can no longer play with your kids or sleep through the night due to chronic pain. These quality-of-life losses are general damages.

The adjuster gives you a good faith estimate of $15,000 for your claim. Your attorney knows the case is worth $50,000 based on similar verdicts and sends a counter-demand.

The insurance company sends you to their doctor who concludes your injuries are 'minor' and you've reached maximum recovery, directly contradicting your own doctor's findings.

The defense sends you 25 interrogatories asking about your medical history, the accident details, your daily limitations, and your employment status.

Two drivers cause a pile-up that injures you. One is 80% at fault and the other 20%. If the 80% driver has no insurance, you can pursue the full amount from the 20% driver.

You need an MRI but can't pay the $2,500 out of pocket. Your lawyer sends the imaging center a letter of protection, and they perform the MRI knowing they'll be paid when your case settles.

A driver who runs a stop sign and crashes into your car has liability for the accident and is responsible for your medical bills, car repairs, and other losses.

Your health insurance paid $40,000 for your accident surgeries. When you settle for $150,000, your insurer places a lien to recoup that $40,000 from your proceeds.

Your spouse files a loss of consortium claim after your traumatic brain injury leaves you unable to participate in family activities or maintain your relationship as before.

A construction worker suffers a permanent back injury in a crash that prevents heavy lifting. Even though he finds lighter work, he can claim the difference in lifetime earnings.

The insurance company offers you $75,000 as a lump sum. You sign the release, deposit the check, and the case is permanently closed.

Texas requires at least $30,000 per person in bodily injury liability. If you cause an accident, your liability insurance pays the other driver's medical bills up to that limit.

Thousands of people injured by defective Takata airbags each file their own lawsuit, but the cases are grouped together in a mass tort for pretrial proceedings.

After 8 months of physical therapy for your whiplash, your doctor says you've reached MMI. Your neck will always have some stiffness, but now your attorney can calculate your full damages.

You have $10,000 in MedPay. After a crash, it immediately pays your ER visit and first round of physical therapy while you wait for the at-fault driver's insurer to pay.

After months of failed negotiations, you and the insurer meet with a mediator who helps both sides find middle ground, resulting in a $95,000 settlement.

The hospital treated your broken leg and placed a $25,000 medical lien on your case. When you settle for $100,000, the hospital gets their $25,000 off the top.

The insurance company argues your injuries worsened because you skipped 3 months of physical therapy. They reduce your payout, claiming you failed to mitigate your damages.

A driver who is following too closely and rear-ends you at a stoplight is negligent because a reasonable driver would have maintained a safe following distance.

In Florida (a no-fault state), your own PIP coverage pays your first $10,000 in medical bills. You can only sue the at-fault driver if you suffered a 'significant and permanent' injury.

Beyond your $30,000 in medical bills, you claim $60,000 in pain and suffering for months of chronic neck pain, insomnia, and the anxiety you now feel every time you drive.

Your PIP coverage pays your $10,000 ER bill immediately after the crash, so you don't have to wait for the other driver's insurance to accept fault.

After the insurance company lowballs your claim, you become the plaintiff by filing a personal injury lawsuit against the at-fault driver.

The police report states the other driver was cited for failure to yield, which becomes a key piece of evidence when you file your injury claim.

The insurer argues your back pain is from your old disc bulge, not the crash. Your doctor's records show the bulge was asymptomatic before the accident and now requires surgery.

The other driver's insurance pays $12,000 to repair your car, $800 for your damaged laptop that was on the passenger seat, and $200 for your child's car seat that must be replaced.

The other driver ran a red light (proximate cause), which caused the collision, which caused your broken arm. The chain of causation is clear and direct.

A drunk driver with three prior DUIs crashes into your car at 90 mph. The jury awards $200,000 in compensatory damages plus $500,000 in punitive damages to punish the extreme recklessness.

Unlike a divorce attorney who might charge a $5,000 retainer, your car accident lawyer takes your case with zero upfront cost under a contingency fee agreement.

Before you receive your $60,000 settlement check, you must sign a release. Once signed, you can never come back for more money, even if your injuries worsen years later.

You add a rental car rider to your policy for $3/month. After your car is totaled in a crash, the rider pays for a rental car while you shop for a replacement.

Your car is totaled after the accident. The insurer pays you $18,000 and takes the car, which gets a salvage title and is sold at auction for parts.

After months of negotiation, you and the insurance company agree to settle your whiplash claim for $45,000. You sign a release, and the case is over.

After a fender bender, you develop severe neck and shoulder pain from ligament damage. The insurer offers a lowball settlement because there's no 'visible' injury on imaging.

Your special damages include $35,000 in hospital bills, $8,000 in lost wages from missing 6 weeks of work, $2,000 in physical therapy, and $500 in prescription medications.

In California, you have 2 years from the date of the accident to file a personal injury lawsuit. If you wait 2 years and 1 day, your case is barred forever.

Instead of a $500,000 lump sum, you agree to a structured settlement that pays you $3,000/month for 20 years, providing steady income while you recover from a spinal cord injury.

Your health insurer paid $50,000 for your accident surgeries. When you settle with the at-fault driver for $200,000, your health insurer exercises subrogation rights to recoup their $50,000.

A crash victim survives for three weeks in the ICU before passing away. Their estate files a survival action for the pain, suffering, and medical costs during those three weeks.

The trucking company deletes the dash cam footage from the truck that hit you. Your attorney files a spoliation motion, and the judge instructs the jury to assume the footage would have shown the driver was at fault.

Your airbag fails to deploy in a crash due to a manufacturing defect. Even though the accident just happened, the statute of repose may bar your claim if the car was manufactured over 10 years ago.

After a drunk driver T-bones your car, you file a third-party claim against their liability insurance for your $75,000 in medical bills and lost wages.

When a distracted driver crashes into you and causes injuries, that's a tort. You don't press criminal charges. Instead, you file a civil tort claim for money damages.

Your car is worth $15,000 and the repair estimate is $12,000. The insurer declares it a total loss and writes you a check for $15,000 minus your deductible.

Your head strikes the steering wheel during a head-on collision, causing a TBI that leaves you with memory problems, personality changes, and difficulty concentrating at work.

The at-fault driver only has $25,000 in liability coverage but your injuries cost $80,000. Your UIM coverage pays the remaining $55,000.

A driver with no insurance runs a red light and totals your car, leaving you with $40,000 in medical bills. Your UM coverage steps in to pay since the other driver has nothing.

The driver who hit you has $100,000 in liability coverage, but your injuries cost $300,000. Their $1 million umbrella policy covers the remaining $200,000.

After a week-long trial, the jury returns a verdict in your favor: $250,000 in damages against the driver who ran a red light and caused your spinal injury.

You feel fine after being rear-ended, but two days later you wake up with severe neck stiffness, headaches, and shooting pain down your arm. These are classic whiplash symptoms.

After a drunk driver kills your spouse in a head-on collision, you file a wrongful death claim for lost income, funeral costs, loss of companionship, and your children's loss of a parent.