Understanding legal terms helps you navigate your case with confidence
Failure to exercise the care that a reasonably prudent person would exercise in similar circumstances. In personal injury law, proving negligence is essential to establishing liability.
Example:
A driver texting while driving and causing an accident is an example of negligence.
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Legal responsibility for one's actions or omissions. In personal injury cases, establishing liability means proving that the defendant is legally responsible for the plaintiff's injuries.
Example:
A property owner may have liability if someone is injured due to a dangerous condition they failed to fix.
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The time limit within which a lawsuit must be filed. In California, most personal injury claims must be filed within two years of the injury date.
Example:
If you were injured in a car accident on January 1, 2024, you generally have until January 1, 2026, to file a lawsuit.
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A legal doctrine where fault is assigned to multiple parties based on their degree of responsibility. California follows pure comparative negligence, allowing recovery even if you're 99% at fault (though reduced by your percentage).
Example:
If you're 30% at fault for an accident and your damages are $100,000, you can recover $70,000.
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A fee arrangement where the attorney only gets paid if they win your case, typically taking a percentage of the recovery. No win = no fee.
Example:
A typical contingency fee is 33-40% of the settlement or judgment amount.
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Monetary compensation awarded to an injured party. Includes economic damages (medical bills, lost wages) and non-economic damages (pain and suffering).
Example:
$50,000 for medical expenses, $20,000 for lost wages, and $30,000 for pain and suffering.
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Sworn out-of-court testimony given under oath during the discovery phase of litigation. Attorney from both sides ask questions and a court reporter records everything.
Example:
You may be asked to give a deposition where you'll answer questions about how your accident occurred.
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An agreement between parties to resolve a legal dispute without going to trial. Most personal injury cases settle before trial.
Example:
The insurance company offers $75,000 to settle your case, and you accept rather than proceeding to trial.
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A form of alternative dispute resolution where a neutral third party (mediator) helps the parties reach a voluntary settlement agreement.
Example:
Both sides agree to attend mediation to try to resolve the case before going to trial.
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A formal letter sent by your attorney to the at-fault party or their insurance company outlining your injuries, treatment, and demanded compensation amount.
Example:
Your attorney sends a demand letter requesting $100,000 to settle your car accident case.
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