Review our glossary of legal terms to gain a better understanding of California laws. If you have any questions about your case, speak to a member of the Maison law legal team today.
A
Act of God – An event that happens naturally and couldn’t have been prevented or controlled.
Affidavit – A written, sworn statement where someone promises that what they’re saying is true.
Appeal – When you ask that a higher court review the decision that the judge made in your case.
Arbitration – A type of hearing where you can resolve your case without going to court. It’s overseen by an arbitrator.
At-Fault – Being at-fault means being responsible for covering your medical bills, lost income, pain and suffering, and other damages.
Attractive Nuisance – Something on someone’s property that’s dangerous but likely to draw in children who don’t understand the risk.
B
Bad Faith Claim – A type of claim filed against the insurance company itself when it denies your valid claim.
Benefit – Any form of payment or support you get before your case settles.
Bodily Injury – Any physical injury an accident leaves you with.
Breach of Duty – Somebody did something (or failed to do something) that led to your accident and injuries.
Burden of Proof – The responsibility you have to prove your losses from the accident
C
California Civil Code 1714 – individuals can be held responsible for their actions if they intentionally or unintentionally harm someone.
California Civil Code 3294 – damages that go beyond ordinary negligence are considered punitive damages.
Causation – Showing a direct link between what someone did (or didn’t do) and your injuries
Claim – The formal way you get damages.
Claim Adjuster – An employee of the insurance company that’s assigned to your case.
Comparative Fault – The legal concept of the injury victim sharing some responsibility for what happened.
Complaint – The court filing that lays out what happened, who’s responsible, and what damages you’re asking for.
Contingency Fee – A fee structure where you pay nothing upfront, and legal fees come from a percentage of whatever result you get.
Culpa Aquiliana – Civil liability due to negligence or a wrongful act that causes damage to another person, where there is no pre-existing contract between the parties.
D
Damages – Damages are monetary compensation awarded to the injured party to cover losses.
Deductible – The amount of money you have to pay out of your own pocket before your insurance coverage starts paying for a claim.
Defendant – The person (or group of people) that you file your lawsuit against.
Delayed Discovery – A legal doctrine that suspends the running of statutes of limitations during periods of time in which the plaintiff did not discover, or by the exercise of reasonable diligence, could not have discovered, the injuries that would lead to his/her causes of action against the defendant.
Demand Letter – A formal letter sent to an insurance company that explains what happened, what policies are involved, and an initial settlement demand prior to filing a claim.
Deposition – A formal, recorded session where you give sworn testimony to a lawyer about your accident and injuries.
Discovery – The part of the claims process where both sides exchange evidence through written questions (called interrogatories), producing documents, and deposition testimony.
Duty of Care – The legal responsibility people or groups have to act in a way that keeps others safe.
E
Esq. – The abbreviation for the word Esquire, an honorary title for an attorney who is authorized to practice law.
Expert Witness – A professional, usually a doctor, engineer, or some other specialist, that gives their expert opinion on injuries, care, recovery, or some other part of your case.
Expert Medical Witness – A medical professional–usually a doctor–that helps explain your injuries in plain terms.
F
Failure to Warn – A person or business didn’t do enough to warn you about a potential hazard.
Fault – The legal responsibility for the accident.
Federal Tort Claims Act (FTCA) – A federal law that allows people to file injury claims against the U.S. government when a federal employee causes an accident.
Field Adjuster – An insurance adjuster who goes out in person—usually to the accident scene or a damaged property—to investigate what happened and assess the damage.
First Party Claim – An insurance claim you file with your own insurance policy.
Free Consultation – Most lawyers working on a contingency fee basis offer free consultations.
G
H
I
Informed Consent – You have to be given clear medical information about your treatment—including the risks, benefits, and alternatives—before you agree to it.
Insurance Claim – A claim is typically filed with the liable party’s insurance after a personal injury.
Insurance Limits – the majority of insurance policies have limits to the amount of money they can pay out to an injured victims.
J
John Doe Law – If a defendant cannot be identified, then the plaintiff can invoke the John Doe Law.
Joint and Several Liability – allows a plaintiff to receive compensation when multiple parties are at fault.
Judgement – The final decision on your case, issued by the judge.
Jury – The group of people that listen to witness testimony, look over evidence at trial, and then decide the verdict.
K
L
Liability – The legal responsibility for paying for the injured person’s damages.
Liability Insurance – The insurance policy that covers accidents caused by the policyholder. It’s the policy you’ll use to file your claim.
Litigation – The formal term for filing a lawsuit.
Loss – What the accident has taken from you, including physical injuries, emotional strain, and financial costs.
M
“Made Whole Doctrine” – a person must be made financially whole before the insurance company can claim the money they gave you to recover.
Maximum Medical Improvement (MMI) – You’ve healed as much as you’re going to heal from your injuries—at the time of your examination.
N
Negligence – Negligence is when someone’s carelessness or recklessness causes you or a loved one harm.
Negotiation – Discussions with the insurance company about settling your case.
No-Fault – You don’t have to prove the other person did something wrong in order to receive certain benefits. Instead of arguing about who caused the injury, coverage applies automatically under specific rules.
O
P
Pain and Suffering – This damage covers non-economic damages for things like mental trauma and loss of enjoyment of life.
Plaintiff – The legal term for the person filing the claim in court.
Personal Injury – This refers to any harm caused to a person’s body, well-being, mind, or property.
Preponderance of the Evidence – The threshold your evidence has to meet to confirm your version of events.
Q
Quality of Life – How well you’re able to function after an injury and how much it negatively impacts your daily routines, independence, and enjoyment of life.
R
Res Ipsa Loquitur – This means that the reckless act itself is enough to prove negligence.
S
Standard of Care – What someone should reasonably do to avoid causing an accident in a particular situation.
Settlement – An offer of money from an insurance company that closes out your claim.
Statute of Limitations – Injured victims typically have two years from the day they were injured to file a claim against the liable party.
T
Third Party Claims – You file a claim against someone else’s insurance because their actions caused your injuries.
U
V
Verdict – The final decision reached by a jury when your case goes to trial.
Vicarious Liability – Employers are responsible for the actions of their employees.
W
What is a Code 669 – When a law is broken and someone is injured, the act of breaking the law is considered evidence of negligence.
What is a 998 Offer – An offer to settle a dispute with penalties attached if not accepted.
Witness – Anyone that saw the accident itself and will testify about what they saw, or will testify about the accident’s aftermath.
Wrongful Death Lawsuit – families impacted by the loss of a loved one may need to file a wrongful death lawsuit.
X
