Personal injury legal terms: a plain-language glossary

The personal injury legal terms you'll hear most are negligence (someone's carelessness), liability (who is responsible), damages (the losses you can recover), PIP (the no-fault car coverage that pays first), comparative negligence (how shared fault reduces a claim), the statute of limitations (your filing deadline) and settlement (an agreement that ends the claim). Here's what each one means in Florida.

Nobody should have to learn a new language while they're hurt. But adjusters, doctors' offices and lawyers use these words constantly, and knowing them helps you follow what's happening in your own case. We've grouped the terms by when you're likely to hear them.

Terms about fault and responsibility

These words come up first, because every injury claim starts with the question of who caused the harm.

• Negligence. Failing to act with reasonable care, the way a careful person would in the same situation. A driver texting at a red light or a store leaving a spill on the floor for hours are common examples. To win a negligence claim, you generally show four things: the other person owed you a duty of care, they breached it, the breach caused your injury, and you suffered real losses.
• Duty of care. The basic obligation to act reasonably so you don't hurt others. Drivers owe it to everyone on the road. Property owners owe it to visitors.
• Liability. Legal responsibility for the harm. When an insurer "accepts liability," it's agreeing its customer was at fault, though it may still dispute how much your claim is worth.
• Comparative negligence. Florida's rule for shared fault, found in §768.81 of the Florida Statutes. Your recovery is reduced by your percentage of fault. Since March 2023, if you're found more than 50% at fault, you can't recover damages from the other side at all. We explain the change in Florida's new comparative negligence law.
• Premises liability. The area of law covering injuries caused by unsafe property, like slip-and-fall accidents, broken stairs or poor lighting.

Terms about the people in your case

• Plaintiff. The injured person who brings the claim or files the lawsuit.
• Defendant. The person or business the claim is brought against. In a car crash, that's usually the at-fault driver, but their insurance company typically pays and provides the defense lawyer.
• Adjuster. The insurance company employee who investigates the claim and decides what to offer. The adjuster works for the insurer, even when they sound friendly.
• Claimant. Anyone making a claim with an insurance company. You become a claimant before you ever become a plaintiff.
• Witness. Anyone who saw the accident or knows something relevant about it. An expert witness is a professional, like a doctor or accident reconstructionist, who explains technical issues.

Florida car insurance terms

Florida's car insurance system has its own vocabulary. These are the words that confuse people most after a crash.

PIP also includes a $5,000 death benefit. For the full picture, read our Florida PIP explainer.

Terms about what you can recover

• Damages. The money you can recover for your losses.
• Economic damages. Losses with a receipt or paycheck behind them: medical bills, future treatment, lost wages, reduced earning ability and property damage.
• Non-economic damages. Losses without a price tag: pain and suffering, emotional distress, loss of enjoyment of life and, for a spouse, loss of companionship.
• Policy limits. The most an insurance policy will pay. A claim's value and the money actually available to pay it aren't always the same, which is why UM coverage matters.
• Lien. A legal claim on part of your settlement by someone who paid your bills, such as a health insurer, Medicare, Medicaid or a hospital. Liens are usually paid out of the settlement before you receive your share, and they can often be negotiated down.
• Subrogation. An insurer's right to be repaid from your recovery for what it paid on your behalf. It's closely tied to liens.

Terms about the claim and lawsuit process

• Demand letter. A letter your lawyer sends the insurer that lays out the facts, your injuries, your losses and the amount needed to settle.
• Settlement. An agreement to resolve the claim for a set amount. Most personal injury cases settle without a trial.
• Release. The document you sign when you settle. It usually ends your right to ask for more money later, even if your injury turns out worse than expected. Read every release carefully before signing.
• Statute of limitations. The deadline to file a lawsuit. For most Florida negligence claims, including car crashes and slip-and-falls, it's generally two years from the date of injury under §95.11. It was four years before March 2023. Our post on the deadline to file a personal injury case covers the exceptions.
• Litigation. The process of resolving a dispute through a lawsuit in court.
• Complaint. The document that starts a lawsuit and explains what happened and what you're asking for.
• Discovery. The stage of a lawsuit when each side exchanges information: documents, written questions (interrogatories) and sworn interviews (depositions).
• Mediation. A meeting where a neutral mediator helps both sides try to reach a settlement. Florida courts often require mediation before trial.
• Verdict. The jury's or judge's decision after a trial.

Terms about working with a lawyer

• Contingency fee. A fee arrangement where the lawyer is paid a percentage of what they recover for you, and nothing if there's no recovery. Florida Bar rules require the agreement to be in writing and limit the percentage. At our firm, there's no fee unless we recover for you.
• Case costs. Out-of-pocket expenses for the case, like medical record fees, filing fees and expert fees. Your agreement should explain how they're handled.
• Attorney-client privilege. The rule that keeps most of what you tell your lawyer confidential.
• HIPAA. The federal law that protects your medical information. You'll sign HIPAA authorizations so your lawyer can collect your records. Be careful about signing broad authorizations the other side's insurer sends you.

Frequently asked questions

What's the difference between a claim and a lawsuit?

A claim is a request for payment made directly to an insurance company. A lawsuit is a case filed in court. Most injury cases begin as claims and settle there. A lawsuit is filed when the insurer won't pay fairly or when the filing deadline is getting close.

Does "no-fault" mean nobody is blamed for a Florida crash?

No. No-fault only describes who pays your first medical bills and lost wages: your own PIP coverage. Fault still matters. If your injuries meet Florida's serious injury threshold, you can pursue the at-fault driver for losses PIP doesn't cover, including pain and suffering.

Do I need to know these terms to work with a lawyer?

Not at all. Your lawyer should explain every step in plain language and answer questions whenever they come up. Knowing the basics simply helps you follow the conversation, spot when an adjuster is steering you, and feel more in control of your own case.

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Legal words can make a stressful situation feel even harder, but most of them describe simple ideas: who was careless, what you lost and how long you have to act. If you're dealing with an injury, see the kinds of injury cases we handle or ask for a free case review, in English or Spanish.