legal glossary

legal glossary

personal injury terms

The following definitions are basic explanations for some of the most common phrases and words used in personal injury cases.

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Abstract of Title

A chronological summary of all official records and recorded documents affecting the title to a portion of real property.

Accident Report

A formal, detailed recording of an event documented from the scene of the incident by an authority figure, like a police officer or hospital staff member.

Ad Litem

A Latin term meaning for the purposes of the lawsuit. A guardian “ad litem” may be appointed by a court to stand in on another’s behalf—someone who is incapable of representing him or herself, such as child or legally incompetent adult.

Adjudicate

To resolve a legal case.

Appeal

To ask a higher court to reverse the decision of a trial court when one party does not agree with the decision; petition for a higher court to examine the decision in hopes of getting it overturned.

Assumption of Risk

When a person voluntarily proceeds with a risk despite obvious and known danger. In this situation, the individual assumed the risk and thus will not be permitted to seek monetary damages from those they believe to be responsible.

Bodily Injury

Any damage to a person’s body; for example bruises, burns, cuts, poisonings, broken bones, nerve damage, etc. Bodily injury may result from an accident, negligence, or an intentional act. Causing bodily injury on purpose is a crime (assault, battery, etc.) while accidental and negligent harm may result in a lawsuit.

Burden of Proof

The burden of proof refers to the plaintiff’s obligation to prove his or her allegations to be true or at least more likely true than not. There are several different thresholds of proof that could apply depending upon the type of case being litigated.

Causation

To make something happen; the act or process of causing something. In a negligence case, the plaintiff must show that their injury was directly caused by something the defendant did (or failed to do).

Civil Rights

A group of rights possessed by all citizens under the protection of the U.S. Constitution. Civil law covers all individuals whose rights have been violated to file a lawsuit against another person, private companies, as well as government agencies in order to recover damages and modify practices that infringe on civil rights.

Claim (personal injury)

A civil action relating to the physical or mental harm suffered by the plaintiff, or on behalf of the injured victim, due to negligence on the defendant’s part.

Claim Adjuster

 The liaison between the insured and the insurance company, responsible for investigating and overseeing the claim on behalf of the insurance company, as well as approving medical and rehabilitation treatment plans; they work for the insurance company and are obligated to them.

Class-action Lawsuit

A suit filed by a plaintiff or plaintiffs on behalf of themselves and as representatives of others. Class-action lawsuits are most often filed to hold a company accountable for the liability of its products, such as defective pharmaceutical drugs or toxic materials.

Comparative Negligence

Comparing a plaintiff’s contribution to the accident to the defendant’s negligence. A plaintiff may only recover compensation if his/her negligence is less than the defendant. In such cases, a plaintiff’s total damages are reduced by the proportion they are determined to be at fault.

Compensation

Something that makes up for a loss.

Contingency Fee

Rather than an hourly or fixed fee, a contingency fee is paid to an attorney when an attorney is successful in making a recovery on behalf of his client. The lawyer receives a percentage of the verdict or settlement amount. If the lawyer is unsuccessful in making any recovery for the client, there is no fee charged to the client.

Damages

Payment, usually monetary, recovered in a civil court case for an injury or loss caused by another person’s negligence. Damages may be either compensatory or punitive.

Defendant

The party against whom the civil lawsuit has been filed (by the plaintiff).

Demand Letter

A formal letter sent to the opposing party formally requesting some action from them and usually with threat of legal action.

Deposition

Out-of-court question and answer session under oath; testimony given under oath, recorded in an authorized place outside of the courtroom and usually documented by a court reporter; the questions will be asked by the opposing attorney, with the party’s attorney present, in order to have an official, written record.

Docket

The calendar of actions to be heard by a court in a certain period of time.

Duty

In cases of negligence, a “duty” refers to an obligation to provide a certain standard of care (see below). Failure to meet this obligation is negligence, and cause for legal action on the part of the injured individual.

Excess Judgement

Amount of additional damages that an insurer is required to pay above the policy limit, usually awarded by a judge if it is found that the insurance company acted in bad faith when settling a claim.

Expert Witness

A person who is allowed to testify at a trial because of special knowledge or proficiency in a particular field that is relevant to the case.

Fraud

A blatant false or deceptive statement of fact intended to persuade another person to give up something valuable or a legal right he/she is entitled to.

Gross Negligence

Intentional failure to perform a standard of duty by recklessly disregarding another person’s health or property; also known as willful negligence.

Hazardous Exposure

Physical contact with poisonous substances or proximity to toxic airborne agents that are potentially harmful to health. Liability for hazardous exposure may rest on several parties, including the manufacturer of the product, the company responsible for installation, as well as the owner of the building that contains toxic agents, such as a landlord or employer. Talk to a toxic injury attorney if you have been injured or gotten sick because of hazardous exposure.

Health Care Expenses

The costs incurred by seeing a number of different healthcare providers, such as doctors, therapists, and specialists; the collective cost of all one’s medical care.

Insured

The individual protected under an insurance policy.

Insurer

The company or entity that provides coverage through an insurance policy.

Interrogatories

Written questions created by one party’s attorney for the opposing party to answer under oath within a specific amount of time. After the document is filled out, the plaintiff’s attorney reviews it then it is signed by the answered in front of a notary.

Lawsuit, or Suit

A court action brought by one person, the plaintiff, against another, the defendant.

Liability

An obligation one is bound to by law to perform; typically involved the payment of monetary damages.

Litigation

The process of taking legal action and/or filing a lawsuit.

Loss of consortium

Damages awarded to the family member (usually a spouse) of a deceased person for loss of companionship.

Mediation

Outside help settling a dispute; a non-binding method of resolving a case in which a neutral third party, agreed upon by both parties, helps the disputing sides to reach a mutually agreeable settlement.

Medical Malpractice

The delivery of care by a healthcare provider that is negligent or does not meet the established standard of care and results in a patient’s injury or death.

Medical Malpractice Caps

Limits, or “caps,” on the amount of compensation a victim of medical malpractice can seek out. These caps are intended to keep insurance premiums low and vary by state.

Mitigating Circumstances

Conditions that do not constitute a justification or total pardon for an offense, but which may be used as a reason for reducing the degree of fault.

Negligence

Broadly speaking, it is carelessness. More specifically, in civil law, negligence is conduct which falls below the standard of care established by law for the protection of others against unreasonable risks of harm.

Notary

A person with legal training who is licensed by the state to perform acts in legal affairs, in particular, witnessing signatures on documents. Their seal and signature on a document is proof that the person who signed the document did so willingly and is who they say they are.

Occupational Disease

An illness caused by long-term employment in a particular line of work, such as construction workers exposed to asbestos, who later develop cancer.

Out-of-Court Settlement

An agreement reached between the plaintiff and defendant which does not require the approval of a court or judge; an out-of-court settlement will typically be struck between the two parties’ lawyers before a trial takes place. Can be achieved on attorneys’ own terms, during mediation, or at arbitration.

Out-of-Pocket Expenses

Money spent out of the injured party’s own funds on costs related to their injuries, which may include: travel, medications, assistive devices, etc. Anything one had to pay before they began to receive benefits. See Special Damages.

Paralegal

Someone trained and certified to perform any function of assistance to a lawyer including summaries, research, investigation, and the retrieval of records; certified person who works in a law office helping an attorney prepare a case.

Parties

Persons, corporations, or associations who have started a lawsuit, or who are defendants in a lawsuit.

Personal Injury

The area of law which covers all physical, financial, and emotional injuries caused by another person or party’s negligence in using reasonable care. Personal injury cases are considered civil torts, as opposed to criminal lawsuits.

Plaintiff

In civil law, the person or party who brings the legal action or files the lawsuit; also called a complainant.

Pleading

Generally, any document, statement, or request filed with the court; a formal document in which someone that is part of the legal case makes or responds to allegations, claims, denials, or defenses.

Premises Liability

The legal responsibility of a property owner or occupier of a property to provide compensation for persons who sustain certain injuries while on their premises. For example, a person who is hurt from a slip and fall accident caused by a spill may be able to sue the property owner for negligence.

Preponderance of Evidence

The amount of evidence a plaintiff needs to win a civil case. A preponderance of evidence means that the proof you present must weigh heavier or be more convincing in comparison to the evidence offered by the other side. To win by a preponderance of evidence, the proof presented must simply tip the scales in the plaintiff’s favor, compared to the burden of proof standard set in criminal cases, which must be “beyond a reasonable doubt.”

Product Liability

The accountability of a merchant, business, or manufacturer for bodily injury or property damage because of a defect in their product.

Products Liability

The area of civil law that holds manufacturers, distributors, suppliers, retailers, and other parties who make a defective product available to the public responsible for injuries that the faulty product causes.

Proximate Cause

The primary or moving reason why an injury or damage occurred and without which the accident would not have happened, if the injury in question can be foreseen as a natural occurrence of the misdeed.

Settlement

An agreement between both parties in a lawsuit.

Sexual Assault

Any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Can be anything from rape to unwanted touching.

Slip-and-Fall

A personal injury case in which a person slips or trips and is injured on someone else’s property; usually falls under the broader category of premises liability claims. Slip and fall accidents usually occur on property owned or maintained by someone else who is then held legally responsible.

Standard of Care

For cases of negligence, the degree of care which a reasonable person would have applied under the same or similar circumstances. In medical malpractice lawsuits, doctors or health care professionals who fail to meet the standard established by law to protect patients from negligence, the person may be liable for damages or injuries resulting from their conduct.

Statute of Limitations

The amount of time prescribed by law for a plaintiff to file a lawsuit. Statutes can vary by case type and location of injury.

Strict Liability

A legal doctrine that holds a defendant liable for harm cause by their actions regardless of their intentions or level of care. Typically, strict liability is used in defective products or products liability cases.

Subpoenas

A command, issued by the court, to appear at a certain time and place to give testimony for a case.

Subrogation

A legal right that allows one party to make a payment that is actually owed by another party, and then later collect that money from the party whom originally owed it.

Testimony

Evidence given by a witness under oath during a deposition or trial.

Third-Party Litigation

When a case is brought against a defendant who wants to add another party to the suit.

Tort

A private wrong or injury committed against a person or property, resulting in legal liability. Personal injuries arising from negligence are a common example of one type of tort.

Traumatic Brain Injury (TBI)

An impact to the head that results in a diminished or altered state of consciousness and may impair a person’s cognitive abilities, physical capacity, and/or a disturbance of emotional or behavioral functioning. Often occurs during severe auto accidents or sports-related injuries.

Trier of Facts

The jury; or in a non-jury trial, the judge. The person or group that analyzes the evidence in order to make a decision about the case or issue in dispute.

Uninsured/Underinsured Motorist Coverage (UM/UIM)

An addition to a standard automobile insurance policy that provides coverage in the event the other driver is both at fault for the accident and is not insured; protects the first-party from having no coverage in the event that someone who is driving without insurance crashes into them. UIM coverage is triggered in Texas if the person at fault does not have sufficient coverage to compensate the injured plaintiff for their injuries. Texas does not permit insurance policies to be stacked, so the first party UIM coverage must be higher than the at-fault party’s insurance limits.

Verdict

A judge or jury’s decision on a case.

Vicarious Liability

The liability of one person for the torts of another.

Workers’ Compensation (Workers’ Comp)

Mandatory insurance that almost all employers are required to hold in order to cover their employees for economic losses due to a job-related injury or illness.

Wrongful Death Action

A lawsuit filed against an individual or company for the death of a person due to negligent or wrongful behavior. Wrongful death cases are generally filed by a surviving family member (typically spouse), who can recover damages for mental and physical suffering, lost wages, funeral and medical expenses for the deceased, loss of income and earning capacity, loss of consortium, and more.

TESTIMONIALS

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John Kelleher
22:09 10 Apr 26
I had a great experience working with Faheem Tukhi at Razavi Law Group. I worked with him through their Employment Law department, and he was incredibly helpful throughout my entire settlement case. He did an excellent job keeping me informed every step of the way and was always available to answer my questions. He took the time to clearly explain what was happening and what each possible outcome could mean for me.What really stood out was how proactive he was, he would check in with me regularly and made sure I felt supported and understood throughout the process. That level of communication and care made a stressful situation much easier to navigate.I would absolutely recommend Faheem Razavi Law Group to any friends or family going through a similar situation.
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At Razavi Law Group, client satisfaction is at the heart of everything we do. Our commitment to providing top-tier legal representation has earned us the trust and praise of our clients, as reflected in our Google client reviews. These testimonials offer real insights into the experiences of individuals who have relied on our firm for their legal needs.

I had a great experience working with Faheem Tukhi at Razavi Law Group. I worked with him through their Employment Law department, and he was incredibly helpful throughout my entire settlement case. He did an excellent job keeping me informed every step of the way and was always available to answer my questions. He took the time to clearly explain what was happening and what each possible outcome could mean for me.What really stood out was how proactive he was, he would check in with me regularly and made sure I felt supported and understood throughout the process. That level of communication and care made a stressful situation much easier to navigate.I would absolutely recommend Faheem Razavi Law Group to any friends or family going through a similar situation.
Muy buen servicio, mi caso llevo a abogada Sonia, todo el personal en la oficina es muy amable y lo mas importante hablan español para toda nuestra comunidad hispana muy recomendado!
Even though they couldnt help me with my case, they are diligent in guiding me to who else possibly can
I am sooooo impressed with this law firm. Razavi Law Group and team… hands down to you. You’ve been so present and committed to my case from the beginning to the end. So happy that I was able to reach out to you for my car accident case. You showed me that you value my life and existence. I need everyone who needs a lawyer to connect with Razavi Law Group. I’m very pleased with all they have done for me. The quality that they bring is monumental. Thank you again.
Dealt with Sonia, she was very helpful and attentive to my needs. Great experience by far!!
Sonya is the best
Ali Razavi and his law group are doing a great professional work for their clients. I am very satisfied the way the team of this law firm handled my case. Thanks you all and wish the best for this law firm.
23:26 03/24/26
I had a smooth procedure to start and close the case, Ali Razavi and his law group (Ivan, Lottee,...) are very professional and reliable. Thank you all in this law firm and good luck to this law firm.
18:50 03/24/26
Fue un gran ayuda
19:25 03/23/26
I was involved in a rear accident that wasn’t my fault and my brother had recommended this Razavi Law Group, so I gave it a shot. Wonderful service and are informative about everything. Easy to contact as well for any updates about the case or inquiries. Thank you Razavi Law Group!
19:00 03/23/26
I appreciate everything the firm did. They were very helpful. Thank you attorney James and attorney Faheem and Leslie for the representation!
Always great talking with Sonya, she really works with you and always tries to make sure your taken care of and caught up on everything with the case. 10 stars
I have used Razavi Law twice now for two different accidents the past couple years and they have been extraordinary. I worked with Vince and James, both very kind and educated attorneys. They explained everything to me in ways I could understand, answered all my questions, and gave me clear timelines/direction. Anytime I have a friend or family member that gets into an accident I always recommend them. They really do care that you are taken care of, listen to you, and try to get you the most money they can. The percentage they take from your case is fair and industry standard also, they really just want the best for there clients. Highly highly recommend them!
18:12 03/18/26
Sonya was helpful and answered all of my questions promptly & professionally. 👍
Lotte and Cameron were my Attorneys from an accident I was in they were very much on point with everything and helped me so much to get my case settled !! A year later Lotte was very helpful in getting me a letter stating the accident wasn’t my fault ! I Highly recommend this is a very good Law Firm !!!
My family and I are incredibly grateful. After being involved in a frightening accident that left my child deeply traumatized, we were overwhelmed and unsure of what to do next. The relief and support we received from Razavi Law Group was beyond anything we could have imagined.As a first-time client, I needed guidance through what felt like a complicated and stressful process, and this firm provided exactly that. They made everything simple and manageable. Their communication, professionalism, respect, and genuine care truly set them apart. I always believed a process like this would be overwhelming and complicated, but this firm showed me that what truly makes the difference is the team you have representing youI wholeheartedly recommend Razavi Law Group. I am especially thankful to Lotte, Ivan, and the team who took the time to ensure my family and I were taken care of every step of the way. The settlement we received exceeded our expectations, and I deeply appreciate that my daughter was also provided for.
My attorney Tim Hunt and case manager Stephanie have been attentive, helpful, and knowledgeable every step of the way. I appreciate the good communication and quick response time. They got me a great result in my case, and I found them to be honest and trustworthy. Highly recommend this firm.
I was involved in a rear-ended car accident in 2025. I researched a dozen of injury law firms and diligently compared their reviews for consistency. After interviewing the the top firms in OC, I decided to go with Razavi Law. From my initial case assessment with Sam, to having prompt communication and streamlined processing, and meeting with my phenomenal lawyer Tim & James, i truly felt I was given a client centered-care “white-glove” experience. My case management team, with Leslie & Leila, was amazing, supportive, and detailed with every step of the way. I’m very grateful of James & Tim for their unwavering support, exceptional knowledge, compassion & dedication. James was always respectful by making time to inform & review my legal documents with me patiently; such a great client advocate who genuinely cared. The outcome to my settlement was way beyond my imagination - thank you! I am honored to say their consistent positive client feedbacks are absolutely true. I really feel blessed for having Razavi Law represent me. Your law firm will always be my & all my friends’ primary choice in the future.
Very honest,did a great job getting my compensation my attorney James worked hard to get the highest compensation!!!I’m very pleased!!!!
James and Stephanie did such a great job helping me through the entire process! Seriously so grateful to have gone through this all with them.
excellent law firm. james was so quick to respond and so easy to work with on my accident case. he really took my side through the whole thing with quick and more than satisfactory results. thank you james!!
Enjoyed working with the team for a fast recovery
We wanted to thank Mariana and James for helping us and guiding us through this process. We have felt especially concerned for and been taken care of extremely well. We highly recommend this law firm and will use them as our first choice in the future!
I love love this law firm!! Thank you so much to Christina and Veronica and the team for caring about me and working so hard to get me extra in the settlement. This is my second time with Razavi and they've always made me feel comfortable and rest assured that my case is in good hands. I went through a difficult time and they helped me all the way - basically went above and beyond! Because of the accident, I needed medical care and they were so quick to provide me with medical care. Christina, you are amazing! Thank you Razavi for having such wonderful attorneys.
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