Personal injury cases come with a lot of legal terminology. This glossary explains, in plain language, the terms you are most likely to encounter in a Delaware injury claim, from negligence and comparative fault to PIP coverage and wrongful death. If you have questions about how any of these apply to your situation, contact Schuster Jachetti LLP for a free consultation.
- Negligence
- The failure to exercise the reasonable care that a careful person would use, resulting in harm to another. It is the foundation of most Delaware personal injury claims.
- Duty of Care
- The legal obligation to act with reasonable care toward others so as not to cause foreseeable harm.
- Breach of Duty
- A failure to meet the duty of care, such as a driver running a red light or a property owner ignoring a known hazard.
- Proximate Cause
- The direct legal cause of an injury, without which the injury would not have happened.
- Liability
- Legal responsibility for causing an injury or loss.
- Premises Liability
- A property owner's or occupier's legal responsibility for injuries caused by unsafe conditions on their property.
- Tort
- A civil wrong, other than a breach of contract, that causes harm and gives the injured person a right to seek compensation.
- Plaintiff
- The injured person who brings a personal injury lawsuit.
- Defendant
- The party alleged to be at fault and against whom a claim or lawsuit is brought.
- Damages
- The money a court or settlement awards to compensate an injured person for their losses.
- Economic Damages
- Measurable financial losses such as medical bills, lost wages, and future care costs.
- Non-Economic Damages
- Intangible losses such as pain and suffering, disfigurement, and loss of enjoyment of life.
- Pain and Suffering
- Compensation for the physical pain and emotional distress caused by an injury.
- Comparative Negligence
- Delaware's rule that reduces a plaintiff's recovery by their own percentage of fault, and bars recovery entirely if they are more than 50% at fault.
- Statute of Limitations
- The legal deadline for filing a lawsuit. In Delaware, most personal injury claims must be filed within two years of the injury.
- Contingency Fee
- A fee arrangement in which the attorney is paid a percentage of the recovery, with no attorney fee unless the client recovers compensation.
- Settlement
- An agreement that resolves a claim without going to trial.
- Demand Letter
- A formal letter to an insurer or at-fault party that sets out the claim and the compensation sought.
- Discovery
- The pre-trial process in which the parties exchange evidence and information.
- Deposition
- Sworn, out-of-court testimony given under oath before trial as part of discovery.
- Personal Injury Protection (PIP)
- Delaware's no-fault auto coverage that pays medical expenses and lost wages after a crash regardless of who was at fault.
- Uninsured and Underinsured Motorist Coverage
- Auto insurance that pays for your injuries when the at-fault driver has no insurance or not enough to cover your losses.
- Subrogation
- An insurer's right to be repaid, out of a settlement or verdict, for benefits it already paid on the claim.
- Maximum Medical Improvement
- The point at which an injury has healed as much as it is expected to, used to value future damages.
- Permanent Impairment
- A lasting loss of function that helps value a workers' compensation or injury claim.
- Workers' Compensation
- The system that provides medical and wage-loss benefits to employees injured on the job, generally regardless of fault.
- Wrongful Death
- A claim brought when negligence or a wrongful act causes a death, on behalf of the surviving family.
- Survival Action
- A claim for the pain, suffering, and losses the deceased person experienced between the injury and death.
- Loss of Consortium
- A claim for the loss of companionship, support, or services of an injured or deceased family member.
- Catastrophic Injury
- A severe injury with long-term or permanent effects, such as a spinal cord injury, traumatic brain injury, amputation, or severe burn.
