Personal injury cases often come with unfamiliar legal and insurance terms. Understanding this language can make it easier to follow your claim, communicate with your legal team, and know what the different stages of your case mean.
Because Connecticut and Massachusetts have different laws, insurance requirements, and filing deadlines, some terms may apply differently depending on where your injury occurred.
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An accident report is an official record containing information about a collision or other incident. Depending on the type of accident, it may include details about the people involved, witness information, road or property conditions, reported injuries, diagrams, and observations made at the scene.
An answer is the defendant’s formal response to a lawsuit. It generally addresses the allegations made in the complaint and may include defenses to the injured person’s claims.
Arbitration is a process for resolving certain disputes outside of a traditional trial. A neutral arbitrator reviews information from both sides and makes a decision. Depending on the agreement or circumstances, that decision may be binding or nonbinding.
Bodily injury means physical harm suffered by a person. In an insurance claim, bodily injury damages may involve medical expenses, lost income, pain, permanent limitations, and other losses caused by an accident.
The burden of proof is the legal responsibility to establish the facts needed to support a claim. In most personal injury cases, the injured person must prove the required elements by a preponderance of the evidence.
Case value refers to the amount a personal injury claim may reasonably be worth based on its individual circumstances. Factors can include the severity of the injuries, medical expenses, lost income, future treatment, available insurance coverage, liability, and how the injury affects everyday life.
There is no single formula that determines what every Connecticut or Massachusetts injury case is worth.
Causation is the connection between another party’s conduct and the injuries being claimed. It is generally not enough to show that someone acted carelessly. The evidence must also establish a connection between that conduct and the resulting harm.
A claim is a request for compensation after an injury or financial loss. Many personal injury matters begin as insurance claims before a lawsuit is ever filed.
Comparative negligence applies when more than one party shares fault for an accident. Both Connecticut and Massachusetts use a modified comparative negligence system with a 51% bar rule.
This means an injured person may still recover compensation if they are 50% or less at fault. However, their compensation is reduced by their percentage of responsibility. If they are found 51% or more at fault, they generally cannot recover damages from the other party.
For example, if an injured person is awarded $100,000 in damages but is found 20% responsible for the accident, the award may be reduced by 20%, resulting in $80,000 in compensation.
A complaint is the legal document used to begin a civil lawsuit. It identifies the parties, explains the basis of the claim, and describes the relief being requested.
A contingency fee is an arrangement in which an attorney’s fee depends on recovering compensation for the client rather than charging an hourly legal fee.
Jonathan Perkins Injury Lawyers does not require upfront attorney fees for personal injury cases. The firm is paid if compensation is recovered for the client.
Damages are the losses for which an injured person may seek financial compensation. Depending on the case, damages may include medical expenses, lost income, pain and suffering, future care, property damage, and other accident-related losses.
A defendant is the person, business, organization, or other party against whom a lawsuit is brought.
A demand package presents an injured person’s claim to an insurance company or responsible party. It may include medical records, bills, evidence of lost income, photographs, information about liability, and an explanation of how the injuries have affected the person’s life.
A deposition is sworn testimony given outside the courtroom during a lawsuit. Attorneys ask questions, and a court reporter generally creates an official record of the testimony.
Discovery is the process through which the parties involved in a lawsuit request and exchange relevant information. Discovery may include written questions, documents, medical records, photographs, expert reports, and depositions.
A duty of care is a legal responsibility to act with reasonable care under the circumstances. Drivers, property owners, businesses, healthcare providers, and others may have different duties depending on the situation.
Economic damages compensate for financial losses that can usually be supported with bills, employment records, receipts, or other documentation.
Examples may include:
These damages are meant to account for the measurable financial impact of an accident. The stronger the documentation, the easier it is to show the extent of those losses.
An expert witness is someone with specialized training, education, knowledge, or experience who may provide an opinion about an important issue in a case.
Personal injury cases may involve medical experts, accident reconstruction specialists, engineers, vocational professionals, or financial experts.
Fault refers to responsibility for causing an accident or injury. One person may be responsible, or responsibility may be divided among several parties.
Future damages are losses expected to continue after a personal injury claim is resolved. They may include future medical treatment, reduced earning capacity, long-term assistance, continuing pain, or permanent physical limitations.
An insurance adjuster evaluates a claim for an insurance company. The adjuster may investigate the accident, review documents, assess damages, communicate with the parties, and participate in settlement negotiations.
The adjuster represents the insurance company’s interests, not the injured person’s interests.
Policy limits are the maximum amounts an insurance policy may provide for particular covered losses. Available insurance coverage can play an important role in determining potential sources of compensation after an accident.
Liability means legal responsibility for an injury or loss. Establishing liability generally requires evidence showing why a particular person, company, property owner, manufacturer, or other party should be legally responsible.
A lien is a claim against money that may be recovered through a settlement or judgment. Depending on the circumstances, a healthcare provider, health insurer, government program, or another entity may seek reimbursement from the proceeds of a personal injury case.
Litigation is the formal legal process that begins when a lawsuit is filed. It can include pleadings, discovery, depositions, motions, settlement negotiations, court hearings, and trial.
Loss of consortium generally refers to certain losses experienced by a spouse or qualifying family member because of another person’s serious injury, such as loss of companionship, affection, assistance, or aspects of the relationship recognized under applicable law.
The availability and requirements of these claims can differ between Connecticut and Massachusetts.
Loss of earning capacity refers to a reduction in someone’s ability to earn income in the future because of an injury. This may become important when permanent or long-term limitations prevent a person from returning to the same work or earning at the same level.
Lost wages are earnings missed because an injury prevents someone from working. Employment records, wage statements, tax documents, and medical restrictions may be used to establish the amount of lost income.
Maximum medical improvement, often shortened to MMI, generally refers to the point when a person’s medical condition has stabilized, and substantial additional improvement may not be expected.
Reaching MMI may help doctors and attorneys better understand permanent limitations, future treatment needs, and the long-term effects of an injury.
Mediation is a settlement process in which a neutral mediator helps the parties discuss possible ways to resolve a dispute. The mediator generally does not decide who wins the case but helps both sides work toward an agreement.
Medical records document injuries, diagnoses, symptoms, treatment, medications, procedures, restrictions, and other information concerning a person’s medical care.
These records often play an important role in showing how an accident affected a person’s health and recovery.
Negligence generally means failing to use reasonable care under the circumstances and causing harm to another person.
Examples may include a distracted driver causing a collision, a property owner failing to address a dangerous condition, or another party acting carelessly in a way that results in an injury.
No-fault insurance allows certain benefits to be paid without first proving that another driver caused the accident.
This term is especially relevant in Massachusetts auto accident cases, where Personal Injury Protection coverage may pay certain medical expenses, lost wages, and related costs regardless of who caused the crash, subject to coverage rules and limits.
Connecticut auto insurance operates under different requirements, so the insurance issues involved in a Connecticut accident claim may not be the same as those involved in Massachusetts.
Non-economic damages compensate for personal losses that do not have a specific bill or receipt attached to them.
Examples may include:
These damages recognize that the effects of a serious injury can extend beyond financial expenses.
Out-of-pocket expenses are costs an injured person pays personally because of an accident. Depending on the claim, they may include transportation expenses, medical equipment, prescriptions, home assistance, or other necessary costs related to treatment and recovery.
Pain and suffering refers to the physical pain, discomfort, inconvenience, and personal hardship associated with an injury.
The severity of the injury, length of recovery, medical treatment, permanent effects, and effect on everyday activities may all be relevant when evaluating pain and suffering.
A personal injury claim seeks compensation when another person or entity may be legally responsible for causing an injury.
Jonathan Perkins Injury Lawyers handles personal injury matters throughout Connecticut and Massachusetts involving motor vehicle accidents, unsafe properties, defective products, nursing home negligence, wrongful death, and other serious injuries.
Personal Injury Protection, commonly called PIP, is particularly important in Massachusetts motor vehicle cases.
Massachusetts PIP coverage may provide benefits for certain medical expenses, a portion of lost income, and certain replacement services regardless of who caused the collision, subject to policy terms and legal limitations.
Special rules and exclusions may apply, including different treatment of motorcycle operators and passengers.
The plaintiff is the person or party who files a lawsuit against another party.
In a personal injury lawsuit, the injured person is often the plaintiff.
Premises liability involves injuries caused by dangerous conditions on property.
Claims may involve slippery floors, unsafe stairs, inadequate maintenance, falling objects, poorly maintained walkways, or other hazards. Whether a property owner or another party is responsible depends on the circumstances and applicable Connecticut or Massachusetts law.
Preponderance of the evidence is the standard of proof generally used in civil personal injury cases.
In simple terms, it means showing that something is more likely true than not based on the evidence presented.
Product liability involves injuries associated with an allegedly defective or unsafe product.
A case may involve problems with the product’s design, manufacturing, warnings, instructions, or another aspect of how the product was made or sold.
Punitive damages are different from compensation for medical bills, lost wages, pain, and other ordinary losses. Their purpose is generally to address particularly serious wrongful conduct.
The availability and calculation of punitive damages differ under Connecticut and Massachusetts law, so whether they may be pursued depends heavily on the facts and type of claim.
A settlement is an agreement that resolves a claim without requiring a final verdict at trial.
Many personal injury cases are resolved through settlements, although the appropriate decision depends on the evidence, damages, available insurance coverage, and terms being offered.
A settlement offer is a proposal to resolve a claim for a particular amount or under particular terms.
An injured person can discuss an offer with their attorney before deciding whether it fairly reflects the losses involved.
A statute of limitations establishes the amount of time available to file a lawsuit.
The deadline is especially important because Connecticut and Massachusetts do not use the same general filing period for personal injury cases.
For many negligence-based personal injury claims:
Because filing deadlines can vary for claims involving medical malpractice, wrongful death, government entities, minors, and other circumstances, it is important to determine the specific deadline that applies to your case.
Subrogation occurs when an insurer or another entity that paid certain expenses seeks reimbursement from money recovered from the responsible party.
Subrogation issues can affect how settlement proceeds are distributed at the conclusion of a personal injury claim.
A tort is a civil wrong that causes injury or loss and can create legal responsibility.
Negligence is one of the most common types of tort involved in Connecticut and Massachusetts personal injury cases.
A trial is a court proceeding in which evidence and arguments are presented so that a judge or jury can decide disputed issues.
If a personal injury case cannot be resolved through negotiations or another form of dispute resolution, trial may be necessary.
Underinsured motorist coverage may become relevant when the responsible driver has insurance, but the available liability coverage is not enough to address the injured person’s eligible losses.
The availability of these benefits depends on the insurance policy and the laws that apply to the accident.
Uninsured motorist coverage may provide compensation when someone is injured by a driver who has no applicable liability insurance or, depending on the circumstances and policy, an unidentified hit-and-run driver.
Both Connecticut and Massachusetts require certain uninsured motorist protections, although coverage rules differ between the states.
A verdict is the decision reached at the conclusion of a trial.
A jury may determine issues such as fault and damages, while certain cases may be decided by a judge.
A wrongful death claim may arise when a person dies because of conduct for which another party can be held legally responsible.
Connecticut and Massachusetts have separate wrongful death laws that determine who may bring a claim, which damages may be available, and how long someone has to take legal action.
Families considering a wrongful death claim should have the applicable state law and filing requirements reviewed carefully.
Learning legal terminology can make your case easier to understand, but a glossary cannot explain how Connecticut or Massachusetts law applies to your individual circumstances.
Jonathan Perkins Injury Lawyers helps injured people and families understand their rights, insurance options, potential compensation, and the steps involved in pursuing a personal injury claim. Our legal team can review what happened, answer your questions, and explain how the laws of the appropriate state may affect your case.
Contact Jonathan Perkins Injury Lawyers for a free consultation and put the power of Perkins to work for you.
This glossary is provided for general informational purposes only and does not constitute legal advice. Laws, deadlines, insurance requirements, and available remedies can vary depending on the circumstances of a particular case.
We fight for the results you deserve with honesty, persistence, and personal attention. Stay informed throughout your case and trust our experienced team to deliver the best outcome.