The words lawyers use, in plain English.

The insurance company employee who investigates a claim, decides what the carrier believes it is worth, and makes offers. Friendly or not, the adjuster works for the insurer and is measured on what claims cost it.

See also Bad faith ·Demand letter ·Recorded statement

A defense that would defeat or reduce the claim even if everything the plaintiff alleges is true — comparative fault, assumption of risk, an expired deadline. The defendant has to plead it and prove it.

See also Answer ·Comparative negligence ·Statute of limitations

Making an existing injury or condition worse. A defendant takes the plaintiff as found: if a bad back is made worse by a collision, the worsening is compensable even though the back was not perfect beforehand.

See also Pre-existing condition ·Eggshell plaintiff ·Causation

The defendant's formal written response to a complaint, admitting or denying each allegation and raising any affirmative defenses. Filing it is what puts the case at issue.

See also Complaint ·Affirmative defense ·Pleading

A private substitute for trial. Instead of a jury, one or more neutral arbitrators hear the evidence and decide the case. Some insurance policies — uninsured motorist coverage in particular — require it. An arbitration award is usually binding, meaning it ends the dispute the way a verdict would.

See also Mediation ·Uninsured and underinsured motorist coverage ·Verdict

The argument that the injured person knowingly accepted a danger inherent in an activity. In California it bars recovery only where the risk is truly inherent — being hit by a ball at a game, not being hurt by a defect nobody should expect.

See also Affirmative defense ·Waiver ·Comparative negligence

The rule protecting confidential communications between a client and their lawyer from disclosure. It belongs to the client, not the lawyer, and it is why you can speak freely in a consultation.

See also Work product ·Discovery

An insurer's unreasonable failure to handle a claim honestly and fairly — refusing to pay a plainly owed claim, dragging out an investigation without cause, or ignoring a reasonable chance to settle within policy limits. It gives rise to a separate claim against the insurer, beyond the underlying injury case.

See also Policy limits ·Demand letter

The part of an auto policy that pays people the insured driver hurts. It is written as two numbers — for example 30/60 — meaning the most payable to any one person, and the most payable for the whole accident. It is often the practical ceiling on a claim.

See also Policy limits ·Uninsured and underinsured motorist coverage

The obligation to prove a fact. In an injury case the injured person carries it, and must meet it by a preponderance of the evidence — more likely true than not. It is a far lighter burden than the "beyond a reasonable doubt" standard used in criminal cases.

See also Preponderance of the evidence ·Plaintiff

The Judicial Council of California Civil Jury Instructions — the plain-English instructions a California judge reads to the jury. They define, in the words jurors actually hear, what negligence and damages mean.

See also Jury instructions ·Verdict ·Negligence

The heading on every court document: the court, the parties, the case number, and the title of the paper. It is how the clerk knows where a filing belongs.

See also Complaint ·Pleading

The link between what the defendant did and the harm suffered. Carelessness alone is not enough; it has to have actually caused the injury. Where a person was already hurt or ill, causation becomes the fight over how much of the current condition the accident is responsible for.

See also Proximate cause ·Negligence ·Damages

A demand for compensation. In everyday use it means the case being presented to an insurer before any lawsuit; in court it means a legal theory the plaintiff is asserting.

See also Claimant ·Demand letter ·Complaint

The person making a claim against an insurer. The same person becomes the plaintiff if a lawsuit is filed.

See also Claim ·Plaintiff

The California rule that a wrongdoer gets no credit for benefits the injured person received from an independent source — their own health insurance, sick pay, a disability policy. The defendant does not get a discount because you were prudent enough to be insured.

See also Subrogation ·Damages ·Lien

The rule that reduces a recovery by the injured person's own share of fault rather than wiping it out. California follows pure comparative negligence: someone found 30 percent at fault still recovers 70 percent of their damages, and even a person mostly at fault recovers something.

See also Negligence ·Damages

Damages meant to make the injured person whole rather than to punish anyone — the economic and non-economic losses together. Nearly all of an injury recovery is compensatory.

See also Damages ·Punitive damages ·General damages

The document that starts a lawsuit. It names the parties, states what happened, identifies the legal theories, and asks the court for relief. Filing it stops the statute of limitations from running.

See also Statute of limitations ·Pleading ·Defendant

A fee paid as a percentage of what is recovered, rather than by the hour. If there is no recovery there is no fee. It is how nearly all injury cases are handled, and it is why a person with no money can still hire a lawyer against an insurance company.

See also Costs ·Settlement

A postponement of a hearing or trial to a later date. Common, and one reason cases take longer than clients expect.

See also Trial ·Venue

The out-of-pocket expenses of building a case — filing fees, medical records, deposition transcripts, expert fees, process servers, mediators. Distinct from the attorney fee, and normally advanced by the firm and reimbursed out of the recovery.

See also Contingency fee ·Expert witness

Questioning a witness called by the other side. Leading questions are allowed, which is why it looks so different from the friendly questioning that came before it.

See also Direct examination ·Impeachment ·Testimony

The person at a hospital, clinic, or employer responsible for its files. A subpoena for records is directed to the custodian, who certifies that what is produced is complete and authentic.

See also Subpoena ·Discovery

The money the law allows as compensation for a harm. In an injury case they divide into economic damages, which have receipts — medical bills, lost wages, future care — and non-economic damages, which do not, such as pain, disability, and disfigurement.

See also General damages ·Special damages ·Punitive damages

A written statement of facts signed under penalty of perjury. California courts accept declarations in place of notarized affidavits for most purposes.

See also Motion ·Evidence

A judgment entered because the defendant failed to respond to the complaint in time. It is a win, but collecting on it is a separate problem — a defendant who ignored the lawsuit often has nothing to take.

See also Judgment ·Answer ·Service of process

The person or company being sued. In an injury case the defendant is usually the party who caused the harm, though the one actually paying is generally their insurer.

See also Plaintiff ·Complaint ·Tortfeasor

An examination of the plaintiff by a physician the defense selects and pays. Often called an independent medical examination, though it is not independent. California limits how many may be demanded and what may be asked.

See also Expert witness ·Discovery ·Treating physician

The written presentation of a claim to an insurer: what happened, why its insured is responsible, what the injuries and bills are, and what it will take to settle. It usually opens serious negotiation, and a well-supported one often resolves a case without a lawsuit.

See also Policy limits ·Settlement ·Bad faith

A California motion arguing that even if everything in the complaint were true, it still would not state a valid claim. It attacks the wording of the pleading, not the evidence, and is normally answered by amending the complaint.

See also Complaint ·Pleading ·Summary judgment

Sworn question-and-answer testimony taken before trial, with a court reporter recording every word and no judge present. What is said can be read to a jury later, which is why preparation matters. Most injured people are deposed once, for a few hours.

See also Discovery ·Interrogatories

The amount a repaired vehicle is worth less than an identical one that was never wrecked, because the accident is now on its history. A real loss, and one insurers rarely volunteer to pay.

See also Property damage ·Total loss

Questioning your own witness. Leading questions are generally not permitted, so the witness does the talking and the lawyer only supplies the subject.

See also Cross-examination ·Testimony

The formal exchange of information before trial — written questions, document demands, depositions, medical examinations. It is the longest phase of most lawsuits and the one that determines what either side can prove.

See also Deposition ·Interrogatories

The ending of a case without a trial. With prejudice means it cannot be brought again; without prejudice means it can. A settled case is normally dismissed with prejudice once the money is paid.

See also Settlement ·Res judicata

The legal obligation to act with reasonable care toward others. Drivers owe it to everyone on the road; property owners owe it to people lawfully on the premises. Without a duty there is no negligence, no matter how badly someone was hurt.

See also Negligence ·Premises liability

The principle that a defendant takes the injured person as they find them. If an ordinary person would have been bruised and this person's fragile bone shattered, the defendant answers for the shattered bone.

See also Aggravation of a pre-existing condition ·Pre-existing condition ·Causation

The separate things a claim requires. Negligence has four — duty, breach, causation, damages — and missing any one defeats the claim no matter how strong the others are.

See also Negligence ·Burden of proof

Mental suffering caused by an injury or by witnessing harm to a close family member — anxiety, fear, sleeplessness, depression. Recoverable as part of general damages.

See also General damages ·Pain and suffering

Anything properly presented to prove or disprove a fact — testimony, documents, photographs, physical objects. What a lawyer says is not evidence; what a witness says under oath is.

See also Exhibit ·Hearsay ·Testimony

Latin, "from one side." An ex parte application asks the court for urgent relief on very short notice. California still requires telling the other side it is coming.

See also Motion

Another name for punitive damages.

See also Punitive damages

A document or object marked and offered as evidence — a photograph, a medical record, a repair estimate. Exhibits are numbered so everyone in the courtroom is looking at the same thing.

See also Evidence ·Trial

A witness qualified by training or experience to give an opinion the jury could not reach on its own — a treating surgeon on future care, an engineer on how a collision happened, an economist on lifetime lost earnings.

See also Discovery ·Costs

Whether a reasonable person would have anticipated that the conduct could cause this sort of harm. It shapes both whether a duty existed and how far responsibility extends.

See also Duty of care ·Proximate cause

Losses that have not happened yet but reasonably will — surgery still to come, ongoing therapy, years of reduced earnings. They require medical testimony and are often the largest part of a serious case.

See also Damages ·Life care plan ·Loss of earning capacity

Compensation for losses with no invoice attached — physical pain, mental suffering, disfigurement, loss of the ability to do things once enjoyed. Sometimes called non-economic damages. In a serious case they are usually the largest part of the recovery.

See also Damages ·Special damages ·Pain and suffering

Honest dealing without intent to take unfair advantage. Every insurance policy carries an implied covenant of good faith and fair dealing; breaking it is bad faith.

See also Bad faith

A written claim that must be presented to a public entity before suing it — a city, county, school district, or transit agency. In California the deadline is ordinarily six months from the injury, far shorter than the usual statute of limitations, and missing it can end the case.

See also Statute of limitations ·Sovereign immunity ·Complaint

Carelessness well beyond an ordinary lapse — an extreme departure from what a reasonable person would do, showing indifference to the safety of others. It matters because some liability waivers do not protect against it.

See also Negligence ·Punitive damages

An adult appointed by the court to bring a case on behalf of a minor or an incapacitated person. Usually a parent. The role exists only for the lawsuit.

See also Minor’s compromise ·Plaintiff

An out-of-court statement offered to prove that what it said was true. It is generally not admissible, on the theory that the person who said it was not under oath and cannot be cross-examined. The exceptions are numerous.

See also Deposition

Attacking a witness's credibility — most often by showing that what they say now differs from what they said in a deposition. It is the main reason deposition answers matter so much.

See also Deposition ·Cross-examination ·Testimony

Written questions one side sends the other, answered in writing and under oath. California provides standard form interrogatories for injury cases, and allows specially drafted ones tailored to the dispute.

See also Discovery ·Deposition

The rule that lets an injured person collect the full amount of certain damages from any one responsible defendant, leaving those defendants to sort out shares among themselves. In California it applies to economic damages; non-economic damages are apportioned by each defendant's share of fault.

See also Damages ·General damages ·Defendant

The court's final decision, including any money awarded. A verdict is the jury's finding; the judgment is what the court enters on it and what can actually be collected.

See also Verdict ·Judgment notwithstanding the verdict ·Dismissal

An order overturning a jury's verdict because no reasonable jury could have reached it on the evidence. Rare, and reserved for verdicts the record cannot support.

See also Verdict ·Judgment

A court's power to hear a case and bind the parties. Distinct from venue, which is about which county among those with power is the proper one.

See also Venue

The statements of law the judge reads to the jury before deliberation. They are argued over carefully, because they frame every question the jury is allowed to answer.

See also CACI ·Verdict ·Trial

A written promise from the lawyer to a medical provider that the provider's bill will be paid out of any settlement. It lets an injured person without insurance get treated now and pay later.

See also Lien ·Medical lien ·Settlement

Legal responsibility for a harm. An injury case has two halves: liability, meaning whether the defendant is responsible, and damages, meaning what the harm is worth. Both must be proven.

See also Negligence ·Damages ·Strict liability

A right to be paid out of a settlement before the client receives anything. Hospitals, health plans, Medi-Cal, and Medicare commonly assert them. Reducing liens is often worth as much to the client as raising the settlement itself.

See also Subrogation ·Settlement

An itemized projection, prepared by a qualified professional, of the medical care and equipment a seriously injured person will need for the rest of their life, with costs. It is how future medical damages are proven.

See also Future damages ·Expert witness ·Damages

The process of a lawsuit, from filing through trial or resolution. A claim that settles with an insurer without a lawsuit never becomes litigation.

See also Complaint ·Discovery ·Trial

The claim belonging to a husband or wife for the loss of companionship, affection, and marital relations caused by a spouse's injury. It is a separate claim from the injured spouse's own.

See also General damages ·Wrongful death

The reduction in what a person is now able to earn over a working lifetime. Different from lost wages, which are what was actually missed; capacity is about what the injury took off the table going forward.

See also Special damages ·Future damages

Professional negligence — a doctor, dentist, chiropractor, or other professional failing to meet the standard of care in their field. These cases require expert testimony and carry their own deadlines and damage limits in California.

See also Standard of care ·Expert witness ·Statute of limitations

A settlement conference run by a neutral mediator who carries offers between rooms and pressure-tests both sides. The mediator decides nothing. A great many cases resolve there, often after a full day of movement that looked impossible in the morning.

See also Arbitration ·Settlement

A provider's claim to be paid from the settlement for treatment already given. Whether it is enforceable, and for how much, varies by the type of provider — and reducing it puts money directly in the client's pocket.

See also Lien ·Letter of protection ·Subrogation

Optional coverage on your own auto policy, commonly called med-pay, that pays medical bills after a crash regardless of fault. Modest in amount, immediately useful, and often overlooked.

See also Uninsured and underinsured motorist coverage ·Collateral source rule ·Subrogation

The required attempt to resolve a dispute — usually about discovery — by talking to opposing counsel before asking the judge to intervene. California courts expect a genuine effort, not a formality.

See also Discovery ·Motion ·Sanctions

Court approval of a settlement for a person under eighteen. A judge reviews the terms and the fees, and the money usually goes into a blocked account the minor reaches at adulthood.

See also Guardian ad litem ·Settlement

The injured person's duty to take reasonable steps to limit the harm — most often, to get and follow through on medical treatment. Gaps in care are the argument defense lawyers make most often, and the easiest one to avoid.

See also Damages ·Special damages

A formal request asking the court to order something — to compel discovery, to exclude evidence, to end the case. Motions are filed in writing, argued at a hearing, and decided by the judge.

See also Summary judgment ·Motion in limine ·Ex parte

A motion filed just before trial asking the judge to keep particular evidence away from the jury — a prior accident, an unrelated conviction, an inflammatory photograph. Decided before opening statements, so the jury never hears what is excluded.

See also Motion ·Evidence ·Trial

The failure to use the care a reasonable person would have used in the same situation. It is the basis of nearly every injury case, and has four parts: a duty of care, a breach of that duty, causation, and damages. All four are required.

See also Duty of care ·Causation ·Damages ·Negligence per se

Negligence established by the violation of a safety law. Where a defendant broke a statute meant to prevent this kind of harm to this kind of person, carelessness is presumed and the argument shifts to causation and damages. A traffic citation often sets it up.

See also Negligence ·Causation

Liability for handing something dangerous to someone unfit to use it — lending a car to a driver known to be unlicensed, drunk, or reckless. It reaches the owner in addition to the driver, and often a second insurance policy with it.

See also Vicarious liability ·Policy limits ·Liability

Knowledge of a fact, or a formal communication giving it. In a fall case, whether the owner had notice of the hazard usually decides the case; in litigation, notice means the papers telling a party what is happening.

See also Premises liability ·Service of process

Each side's roadmap to the jury at the start of trial — what the evidence will show. It is not argument and not evidence, though it shapes how everything after it is heard.

See also Trial ·Verdict

The physical discomfort and emotional distress caused by an injury, compensable as general damages. There is no formula and no table; a jury is asked to set a figure that is reasonable, which is why the way the story is told matters so much.

See also General damages ·Damages

A witness who personally saw or heard something, as opposed to an expert who offers an opinion. Sometimes called a lay or fact witness.

See also Expert witness ·Testimony ·Evidence

The person bringing the lawsuit. In an injury case, the person who was hurt — or, where someone has died, the family members entitled to sue.

See also Defendant ·Complaint ·Wrongful death

A formal document filed with the court that states a party's position — the complaint, the answer, and amendments to either. Pleadings frame what the case is about; evidence comes later.

See also Complaint ·Demurrer

The investigating officer's written account of a collision, including diagrams, statements, and any citation. Useful evidence and a good starting point, but it is one person's impression and it is not binding on anyone.

See also Evidence ·Negligence per se ·Causation

The most an insurance policy will pay. They frequently decide what a case is actually worth, because a defendant with minimum coverage and no assets cannot pay a large verdict. Finding every applicable policy is one of the most valuable things done early.

See also Bodily injury liability ·Uninsured and underinsured motorist coverage ·Bad faith

A health problem that existed before the incident. It does not defeat a claim. The question is what the incident changed, which is why honest disclosure of prior treatment is far safer than an insurer discovering it later.

See also Aggravation of a pre-existing condition ·Eggshell plaintiff ·Causation

Interest on a recovery calculated from a date before judgment. In California it becomes available against a defendant who rejected a section 998 offer and then lost, adding real money to the award.

See also Section 998 offer ·Judgment ·Damages

The responsibility of those who own or control property to keep it reasonably safe. These cases turn on notice — whether the owner created the hazard, knew about it, or should have found it through reasonable inspection.

See also Duty of care ·Negligence

The standard of proof in a civil case: more likely true than not. Jurors are sometimes told to picture a scale tipping, however slightly. It is a much lower bar than the criminal standard.

See also Burden of proof

Latin, "at first appearance." A prima facie case is one supported by enough evidence to go to a jury unless the other side answers it.

See also Burden of proof ·Summary judgment

Responsibility of a manufacturer or seller for injury caused by a defective product — a design defect, a manufacturing flaw, or a failure to warn. California applies strict liability, so proving carelessness is not required.

See also Strict liability ·Liability

Harm to a vehicle or belongings, handled separately from the injury claim and usually settled first because people need their car back.

See also Total loss ·Diminished value ·Damages

A cause close enough to the harm that the law will impose responsibility for it. It exists to draw a line: a careless act can set off a long chain of events, and not every distant consequence is legally the defendant's fault.

See also Causation ·Negligence

Money awarded to punish a defendant and deter others, on top of compensation. California allows them only for oppression, fraud, or malice, proven by clear and convincing evidence — a higher standard than the rest of the case. Drunk driving is the most common setting in injury work.

See also Damages ·Gross negligence ·Exemplary damages

The imaginary ordinary person whose conduct sets the standard for negligence. Not a perfect person and not an especially cautious one — the question is always what a reasonable person would have done in the same situation.

See also Negligence ·Duty of care ·Standard of care

An adjuster's taped interview of an injured person, usually requested within days of the crash. You are generally not required to give one to the other driver's insurer, and what you say while hurt and medicated will be quoted back months later.

See also Adjuster ·Impeachment ·Bad faith

The contract signed at settlement giving up all claims arising from the incident in exchange for payment. It is final and cannot be undone if the injury later turns out worse than expected, which is why it should never be signed before the medical picture is clear.

See also Settlement ·Lien

A written demand that the other side admit or deny a specific fact under oath. Anything admitted is settled for the rest of the case, which narrows what has to be proven at trial.

See also Discovery ·Interrogatories ·Sanctions

A written demand that the other side hand over documents, photographs, video, or other tangible things. It is how surveillance footage and internal records come to light.

See also Discovery ·Evidence ·Spoliation

Latin, "the thing speaks for itself." A rule permitting negligence to be inferred from the accident itself, where the harm is of a kind that does not ordinarily happen without carelessness and the instrument was in the defendant's control — a surgical instrument left inside a patient, for instance.

See also Negligence ·Burden of proof

Latin, "a thing decided." The rule that a claim finally decided on the merits cannot be litigated again between the same parties. It is why a case must be brought completely the first time.

See also Verdict ·Settlement

Latin, "let the superior answer." The rule making an employer responsible for an employee's wrongful acts committed within the scope of employment. It is why a delivery company answers for its driver — and why the insurance behind the claim is far larger.

See also Vicarious liability ·Liability ·Policy limits

The written agreement hiring the lawyer. In an injury case it sets the contingency percentage, explains how costs are handled, and is signed by both the client and the firm. California requires it in writing.

See also Contingency fee ·Costs

Penalties a court imposes for misconduct — most often for stonewalling discovery. They can be money, evidence rulings, or in extreme cases dismissal of a claim or defense.

See also Discovery ·Meet and confer ·Spoliation

Whether an employee was doing the job when the harm occurred. If they were, the employer answers for it; a detour for personal errands may fall outside it, which is exactly what the employer will argue.

See also Respondeat superior ·Vicarious liability

A formal statutory settlement offer under California Code of Civil Procedure section 998. If the other side rejects it and then does no better at trial, they can be made to pay costs — and in a plaintiff's case, expert fees and interest. It is one of the strongest levers in California practice.

See also Settlement ·Costs ·Prejudgment interest

Formally delivering the summons and complaint to the defendant. Until it is done correctly the court has no power over them, which is why a professional process server is used and why an evasive defendant can stall a case.

See also Summons ·Complaint ·Default judgment

The resolution of a claim by agreement instead of by verdict. The great majority of injury cases end this way. A settlement is voluntary: no one can be made to accept one, and the decision belongs to the client alone.

See also Release ·Mediation ·Verdict

A court-ordered session, usually with a judge, aimed at resolving the case before trial. Mandatory settlement conferences are standard in California civil cases as trial approaches.

See also Mediation ·Settlement ·Trial

The doctrine that government cannot be sued without its consent. California has largely replaced it with a statutory scheme that permits suit but imposes short claim deadlines and specific immunities.

See also Government claim ·Statute of limitations

Losses that can be counted and documented — medical bills, prescriptions, lost wages, the cost of future treatment, property damage. Also called economic damages. They anchor a case because they can be proven to the dollar.

See also Damages ·General damages ·Mitigation of damages

Destroying or losing evidence someone had a duty to preserve — surveillance video taped over, a vehicle scrapped before inspection. California does not treat it as a separate tort, but a jury can be told to assume the missing evidence was unfavorable.

See also Evidence ·Sanctions ·Request for production

The level of caution the law requires in the circumstances. For most people it is ordinary care; for a physician or other professional it is what a reasonably careful practitioner in that field would do, which has to be established by expert testimony.

See also Reasonable person ·Duty of care ·Malpractice

A California document stating the amount of damages claimed. Personal injury complaints may not state a dollar figure, so this is served separately to tell the defendant what is at stake.

See also Complaint ·Damages ·Default judgment

The deadline for filing suit. In California most personal injury and wrongful death claims must be filed within two years of the injury. Claims against public entities require a written claim far sooner, commonly within six months. Miss it and the claim is gone regardless of merit.

See also Complaint ·Wrongful death

An agreement between the parties, usually written and filed — to extend a deadline, to admit a fact, to continue a trial date. It saves everyone the cost of fighting about something nobody actually disputes.

See also Motion ·Continuance

Responsibility without any need to prove carelessness. California applies it to dog bites and to defective products: the question is not whether the owner or maker was careful, but whether the bite or the defect caused harm.

See also Liability ·Negligence

A court order compelling someone to appear, testify, or produce records. A subpoena duces tecum demands documents rather than a person.

See also Custodian of records ·Discovery ·Testimony

An insurer's right to be repaid, out of the recovery, for benefits it already paid — typically a health plan that covered the accident treatment. Closely related to a lien, and likewise often negotiable.

See also Lien ·Settlement

California's test for causation: the conduct must have been a substantial factor in bringing about the harm. It need not be the only cause, which matters when several things combined to cause an injury.

See also Causation ·Proximate cause ·CACI

A motion asking the court to decide the case, or part of it, without a trial, on the ground that the material facts are not genuinely disputed. Defense lawyers bring it to end cases early; surviving it is often what forces a realistic settlement offer.

See also Demurrer ·Verdict ·Settlement

The court document notifying a defendant that they have been sued and stating how long they have to respond. Served together with the complaint.

See also Complaint ·Service of process

The claim belonging to the estate for what the decedent themselves suffered and lost before dying — their medical bills, their lost earnings. Brought alongside the family's wrongful death claim.

See also Wrongful death ·Damages

Statements made under oath, whether at a deposition or in court. It is evidence; what lawyers say is not.

See also Deposition ·Evidence ·Percipient witness

A claim against someone other than your own insurer — typically the at-fault party's carrier. A first-party claim, by contrast, is one you make on your own policy.

See also Uninsured and underinsured motorist coverage ·Claim ·Workers’ compensation

A civil wrong, other than a breach of contract, for which the law provides a remedy in money. Personal injury law is the branch of tort law dealing with harm to the person rather than to property or business interests.

See also Tortfeasor ·Negligence ·Liability

The person who committed the tort — in plain terms, the one who caused the harm. Where several are responsible, they are joint tortfeasors.

See also Tort ·Defendant ·Joint and several liability

When repairing a vehicle would cost more than it is worth, so the insurer pays its pre-accident value instead. Disputes are usually about that value, and comparable local listings are the way to move it.

See also Property damage ·Diminished value

The doctor who actually cared for the injured person. Their records and opinions usually carry more weight with a jury than a physician retained only to give an opinion for the case.

See also Defense medical examination ·Expert witness ·Evidence

The presentation of the case to a jury or judge for decision. A small fraction of injury cases reach one, but the credible willingness to get there is what gives every settlement number its weight.

See also Verdict ·Voir dire ·Settlement

Whoever decides what happened — the jury in a jury trial, the judge in a bench trial. The judge decides the law either way.

See also Verdict ·Jury instructions

Extra liability coverage sitting on top of an auto or homeowner's policy, typically in millions. Finding one can transform a serious case, and its existence is not always volunteered.

See also Policy limits ·Bodily injury liability

Coverage on your own auto policy that pays when the at-fault driver has no insurance or not enough of it. It is a claim against your own insurer, with its own deadlines and often an arbitration requirement. On Kern County roads it is frequently the only real source of recovery.

See also Policy limits ·Arbitration ·Bad faith

The particular county whose court will hear the case. It usually follows where the incident happened or where the defendant lives or does business. Venue can matter a great deal, because juries differ from county to county.

See also Complaint

The jury's decision. In a California civil case it does not have to be unanimous — nine of twelve jurors agreeing is enough.

See also Settlement ·Voir dire ·Res judicata

Responsibility imposed on one party for the conduct of another because of the relationship between them — employer and employee being the usual example.

See also Respondeat superior ·Liability

Jury selection. Lawyers and the judge question prospective jurors about their experiences and views, and each side may remove some. It is the first thing that happens at trial and it shapes everything after it.

See also Verdict

Giving up a known right, often by signing a form before an activity. California will not enforce a waiver against gross negligence, and a waiver signed by a parent does not always bind the child.

See also Assumption of risk ·Gross negligence ·Release

A lawyer's notes, research, and impressions prepared for a case. Protected from disclosure so each side prepares its own case rather than taking the other's.

See also Attorney-client privilege ·Discovery

The no-fault system paying medical treatment and partial wages for on-the-job injuries. It does not pay for pain and suffering, and it is not always the injured worker's only remedy.

See also Third-party claim ·Lien ·Subrogation

A claim brought by surviving family members when negligence causes a death. It compensates the family for their own losses — support, companionship, guidance — and is often paired with a survival claim belonging to the estate for what the person endured before dying.

See also Plaintiff ·Damages ·Statute of limitations