Personal Injury Legal Glossary

When a defendant has direct knowledge of a dangerous condition before the plaintiff's injury.

The legal requirement that a defendant's negligence directly caused the plaintiff's injury.

A doctrine that reduces a plaintiff's recovery by their percentage of fault for the injury.

When a dangerous condition existed long enough that the defendant should have discovered it through reasonable inspection.

An older doctrine, still active in a few states, that completely bars a plaintiff from recovery if they were even 1% at fault.

A formal letter from plaintiff's counsel to the insurance company or defendant outlining the case facts, damages, and a settlement demand.

A rule that postpones the start of the SOL clock until the plaintiff discovers (or reasonably should have discovered) the injury.

A doctrine that allows a plaintiff to recover the full amount of damages from any one of multiple defendants, regardless of each defendant's percentage of fault.

A doctrine where violating a safety statute is automatically considered negligence, eliminating the need to prove duty and breach separately.

A system in which auto-accident victims recover medical costs from their own insurer (Personal Injury Protection) regardless of fault, with limits on suing for non-economic damages.

A defense that bars or reduces premises liability when the dangerous condition was so obvious that the plaintiff should have noticed and avoided it.

The maximum amount an insurance company will pay under a specific policy for a covered loss.

Liability of property owners and occupiers for injuries that occur on their premises due to dangerous conditions.

A doctrine that infers negligence from the nature of an accident in cases where direct evidence of negligence is unavailable.

The level of care a reasonably prudent person (or professional) would exercise under similar circumstances.

The legally enforceable deadline by which a plaintiff must file a lawsuit, after which the claim is time-barred.

An absolute outer time limit for bringing a lawsuit, regardless of when the injury was discovered.

Pausing or extending the statute of limitations under certain circumstances.

Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage that pays plaintiff's damages when the at-fault driver lacks adequate insurance.

A doctrine that holds one party legally responsible for the negligent acts of another, typically based on a relationship like employer-employee.