Legal Glossary

A

Accident Reconstruction
A scientific process where experts analyze evidence from an accident scene to determine how and why it occurred. This may involve examining skid marks, vehicle damage, witness statements, and physical evidence to recreate the sequence of events.

Adjuster
An insurance company representative who investigates claims and determines how much the insurer should pay. While adjusters may seem helpful, remember they work for the insurance company, not for you.

Admissible Evidence
Information, documents, or testimony that a court allows to be presented during a trial. Not all evidence is admissible—it must meet certain legal standards to be considered by a judge or jury.

Affidavit
A written statement made under oath, swearing that the information provided is true. Affidavits are often used to present facts to the court without requiring live testimony.

Alternative Dispute Resolution (ADR)
Methods of resolving legal disputes outside of court, including mediation and arbitration. These processes are typically faster and less expensive than going to trial.

Answer
The defendant’s formal written response to a lawsuit, addressing each allegation made in the complaint and presenting any defenses.

Appeal
A request to a higher court to review and change the decision of a lower court. Appeals focus on legal errors, not on re-examining the facts of the case.

Arbitration
A form of alternative dispute resolution where a neutral third party (arbitrator) hears both sides and makes a binding decision to resolve the dispute.

Assumption of Risk
A legal defense claiming that the injured person knew about a danger and voluntarily chose to take the risk anyway, potentially reducing or eliminating the defendant’s liability.

At-Fault Party
The person or entity whose negligence or wrongful actions caused an accident or injury. This party may be legally responsible for compensating the victim.

Attorney-Client Privilege
A legal protection that keeps communications between you and your attorney confidential. This encourages honest, open communication without fear that your words will be used against you.

B

Bad Faith
When an insurance company unreasonably denies a valid claim, delays payment without justification, or fails to properly investigate a claim. Victims of bad faith practices may have additional legal remedies.

Bodily Injury
Physical harm to a person’s body, as opposed to property damage or emotional distress. This term is commonly used in insurance policies and personal injury claims.

Breach of Duty
Failure to meet a legal obligation or standard of care owed to another person. In personal injury cases, this is a key element in proving negligence.

Burden of Proof
The obligation to prove your case with sufficient evidence. In personal injury cases, the plaintiff must prove their case by a “preponderance of the evidence,” meaning it’s more likely than not that the defendant is liable.

C

Causation
The connection between the defendant’s actions and the plaintiff’s injuries. You must prove that the defendant’s negligence directly caused your harm, not just that both events occurred.

Civil Case
A legal dispute between private parties (as opposed to criminal cases brought by the government). Personal injury claims are civil cases seeking monetary compensation.

Claim
A formal request for compensation from an insurance company or legal demand for damages from a responsible party.

Claimant
The person making a claim for compensation, typically the injured party in a personal injury case.

Comparative Negligence
A legal principle that reduces your compensation based on your percentage of fault for an accident. In Minnesota, you can recover damages as long as you’re less than 51% at fault.

Compensatory Damages
Money awarded to compensate an injured person for actual losses, including medical bills, lost wages, and pain and suffering.

Complaint
The initial legal document filed to start a lawsuit, outlining the plaintiff’s allegations and the compensation being sought.

Contingency Fee
A payment arrangement where your attorney only gets paid if you win your case, taking a percentage of your settlement or verdict. This allows injury victims to afford quality legal representation without upfront costs.

Contributory Negligence
A legal doctrine (not used in Minnesota) that completely bars recovery if the plaintiff shares any fault for the accident, even 1%.

D

Damages
Monetary compensation awarded to an injured person for their losses. This includes both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering).

Defendant
The person or entity being sued in a legal case—the party accused of causing harm through negligence or wrongful conduct.

Deposition
Sworn testimony given outside of court, usually in an attorney’s office, where witnesses answer questions under oath. Depositions are recorded and can be used during trial.

Diminished Earning Capacity
The reduction in your ability to earn income in the future due to injuries sustained in an accident. This may result in compensation beyond just lost wages during recovery.

Discovery
The pre-trial phase where both sides exchange information, documents, and evidence. This includes depositions, written questions (interrogatories), and requests for documents.

Disfigurement
Permanent changes to a person’s appearance caused by an injury, such as scarring, burns, or loss of limbs. Compensation may be available for the physical and emotional impact of disfigurement.

Duty of Care
A legal obligation to act reasonably and avoid causing harm to others. For example, drivers have a duty to follow traffic laws and operate their vehicles safely.

E

Economic Damages
Compensation for financial losses that can be calculated with specific dollar amounts, such as medical expenses, lost income, and property damage.

Expert Witness
A professional with specialized knowledge who testifies to help the court understand technical or complex issues. Common expert witnesses in personal injury cases include doctors, accident reconstructionists, and economists.

F

Fault
Legal responsibility for causing an accident or injury through negligence or wrongful conduct.

Federal Motor Carrier Safety Administration (FMCSA)
The federal agency that regulates the trucking industry, establishing safety standards for commercial vehicles, drivers, and carriers.

Foreseeability
Whether a reasonable person could have anticipated that their actions might cause harm. This concept is important in determining negligence.

G

General Damages
Compensation for non-economic losses that don’t have a specific dollar value, such as pain and suffering, emotional distress, and loss of enjoyment of life.

Gross Negligence
Extreme carelessness or reckless disregard for the safety of others, going beyond ordinary negligence. This may result in punitive damages.

H

Herniated Disc
A spinal injury where the soft cushion between vertebrae ruptures or bulges, often causing severe pain, numbness, or weakness. This is a common injury in car and truck accidents.

Homeowner’s Insurance
Insurance coverage that may pay for injuries occurring on someone’s property or caused by their dog. Many personal injury claims are covered by homeowner’s policies.

I

Impairment Rating
A medical assessment of the permanent limitations or disabilities resulting from an injury, usually expressed as a percentage. This helps determine compensation for permanent injuries.

Informed Consent
In medical malpractice cases, the requirement that healthcare providers explain risks, benefits, and alternatives before performing procedures. Failure to obtain proper informed consent may constitute malpractice.

Interrogatories
Written questions that one party sends to another during the discovery phase of a lawsuit. Answers must be provided under oath within a specified time.

J

Joint and Several Liability
A legal principle where multiple defendants can each be held fully responsible for the total damages, even if they share fault with others. The plaintiff can collect the full amount from any defendant.

Judgment
The final decision of a court determining the rights and obligations of the parties. In personal injury cases, this typically involves an award of monetary damages.

Jurisdiction
The authority of a court to hear a case and make legal decisions. Different courts have jurisdiction over different types of cases and geographic areas.

L

Liability
Legal responsibility for causing harm or damages to another person. Establishing liability is essential in personal injury cases.

Liability Insurance
Insurance coverage that pays for damages when the policyholder is legally responsible for injuring someone or damaging their property.

Lien
A legal claim against your settlement or verdict by a party you owe money to, such as a medical provider or your health insurance company. Liens must typically be paid from your recovery.

Litigation
The process of taking legal action through the court system, including filing a lawsuit, discovery, and potentially going to trial.

Loss of Consortium
Compensation for the negative impact an injury has on the relationship between spouses, including loss of companionship, affection, and intimacy.

M

Mediation
A form of alternative dispute resolution where a neutral third party (mediator) helps both sides negotiate a settlement. Unlike arbitration, the mediator doesn’t make a binding decision.

Medical Malpractice
Professional negligence by a healthcare provider that causes injury to a patient, occurring when treatment falls below the accepted standard of care.

Motion
A formal request asking the court to make a specific ruling or take a particular action during a case.

N

Negligence
Failure to exercise reasonable care, resulting in harm to another person. Proving negligence requires showing duty, breach, causation, and damages.

Negligence Per Se
Automatic negligence established when someone violates a law designed to protect public safety, such as running a red light or driving while intoxicated.

No-Fault Insurance
Minnesota’s auto insurance system where each driver’s own insurance pays for their medical expenses and lost wages regardless of who caused the accident, up to policy limits.

Non-Economic Damages
Compensation for losses that don’t have a specific dollar value, such as pain and suffering, emotional distress, and loss of quality of life.

O

Out-of-Pocket Expenses
Costs you’ve personally paid related to your injury, such as medical bills, prescription medications, travel to medical appointments, and home modifications.

P

Pain and Suffering
Physical pain and emotional distress experienced as a result of an injury. This is a type of non-economic damage that can significantly increase the value of a claim.

Personal Injury
Physical or psychological harm caused by someone else’s negligence or intentional actions, giving rise to a legal claim for compensation.

Personal Injury Protection (PIP)
Required auto insurance coverage in Minnesota that pays for medical expenses and lost wages regardless of fault, with minimum coverage of $40,000.

Plaintiff
The person who files a lawsuit seeking compensation for injuries or damages—the injured party in a personal injury case.

Pleadings
Formal written documents filed with the court, including the complaint and answer, that establish the claims and defenses in a lawsuit.

Premises Liability
Legal responsibility of property owners to maintain safe conditions and warn visitors of potential hazards. Slip and fall cases are common premises liability claims.

Preponderance of the Evidence
The burden of proof in civil cases, requiring that something is “more likely than not” true—essentially, greater than 50% probability.

Product Liability
Legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective or dangerous products.

Proximate Cause
The primary cause of an injury that sets off a chain of events leading to harm. The defendant’s actions must be the proximate cause of your injuries to establish liability.

Punitive Damages
Money awarded to punish a defendant for particularly reckless or intentional misconduct and to deter similar behavior. These are awarded in addition to compensatory damages but are relatively rare.

R

Reasonable Person Standard
A legal test asking how a hypothetical reasonable person would have acted in the same situation. This standard is used to determine if someone’s conduct was negligent.

Release
A legal document where you give up your right to pursue further claims in exchange for a settlement payment. Once signed, you typically cannot seek additional compensation.

Res Ipsa Loquitur
Latin for “the thing speaks for itself”—a legal doctrine allowing negligence to be inferred from the circumstances when an injury wouldn’t normally occur without negligence.

S

Settlement
An agreement between parties to resolve a case without going to trial, typically involving payment of money to the injured party in exchange for dropping the lawsuit.

Special Damages
Another term for economic damages—specific, calculable financial losses such as medical bills and lost income.

Standard of Care
The level of care that a reasonably prudent person would exercise in similar circumstances. In medical malpractice, it’s the level of care that a competent healthcare provider would provide.

Statute of Limitations
The legal deadline for filing a lawsuit. In Minnesota, most personal injury cases must be filed within six years, though some cases have shorter deadlines.

Strict Liability
Legal responsibility regardless of fault or intent. Minnesota’s dog bite law follows strict liability, holding owners responsible even if the dog never showed aggression before.

Subrogation
The right of your insurance company or other party who paid benefits to you to recover those payments from your settlement or verdict against the at-fault party.

Summons
A legal document notifying a defendant that they’re being sued and must respond within a specific timeframe or face a default judgment.

T

Third-Party Claim
A lawsuit against someone other than your employer for a work-related injury, allowing you to seek compensation beyond workers’ compensation benefits.

Tort
A civil wrong (other than breach of contract) that causes harm to another person, giving rise to a legal claim for damages. Personal injury cases are tort claims.

Traumatic Brain Injury (TBI)
Damage to the brain caused by external force, ranging from mild concussions to severe brain damage affecting cognitive function, personality, and physical abilities.

Trespasser
Someone on another’s property without permission. Property owners generally owe limited duty to trespassers, though exceptions exist for children.

U

Underinsured Motorist Coverage
Optional auto insurance that pays when the at-fault driver’s insurance isn’t sufficient to cover your damages.

Uninsured Motorist Coverage
Optional auto insurance that pays for your injuries when you’re hit by a driver with no insurance or in a hit-and-run accident.

V

Verdict
The decision reached by a jury (or judge in a bench trial) at the conclusion of a trial, determining liability and damages.

Vicarious Liability
Legal responsibility for someone else’s actions, such as an employer being liable for an employee’s negligence committed during work duties.

W

Whiplash
A neck injury caused by sudden back-and-forth movement of the head, commonly occurring in rear-end collisions. Symptoms may include neck pain, stiffness, headaches, and dizziness.

Witness
A person who testifies about what they saw, heard, or know regarding an accident or injury. Witnesses can be eyewitnesses to the event or expert witnesses providing specialized knowledge.

Workers’ Compensation
A system providing benefits to employees injured on the job, covering medical expenses and partial wage replacement regardless of fault. In exchange, employees generally cannot sue their employer.

Wrongful Death
A legal claim brought by surviving family members when someone dies due to another party’s negligence or wrongful conduct. Compensation may include funeral expenses, loss of financial support, and loss of companionship.

Have Questions About Your Case?

Understanding legal terminology is just the first step. If you’ve been injured and need help navigating the legal process, contact Trenti Law Firm for a free consultation. We’ll explain everything in plain language and fight for the compensation you deserve.