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Important Personal Injury Legal Terms You Need to Know

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If you or a relative or friend was recently injured in an accident and suffered a serious injury, you have to file a personal injury claim to recover compensation for your related losses and damages. To better understand your personal injury case, it is wise to speak with an experienced accident lawyer who can answer all of your questions, clearly and in real time. Another wise initiative is to learn some important personal injury claim and legal terms to better prepare yourself for your scheduled consultation.

Continue reading and review some common legal terms that are frequently used under the circumstances of a negligent injury or accident.

Indiana Personal Injury Law Firm 317-881-2700
Indiana Personal Injury Law Firm 317-881-2700

Personal Injury

A personal injury is harm or damage incurred as a result of another’s carelessness or negligence. This includes physical injuries like broken bones, concussions, lacerations, wounds, burns, internal organ damage, back and neck injuries, head injuries, and more. Mental anguish, pain and suffering and emotional trauma that occurs following an injury are also considered damages.

Liability

The term liability refers to one’s obligation or responsibility. For example, if a drunk driver causes another driver injury, the drunk driver is liable for the victim’s damages and the drunk driver’s insurance carrier pays for those damages. It is the at-fault party’s insurance carrier who will pay for the injured victim’s claim.  If the at-fault party is not insured, the injured party’s own insurance company may pay for any claim caused by the uninsured motorist.

Party

The term “party” sometimes refers to either the defendant’s side or the plaintiff’s side. This includes the person, their insurance company, and their attorney. There are first party claims and third party claims, which you will learn more about below.

Claimant

The claimant is the person filing the personal injury claim. This can be one person, the victim, or the family of a victim. Once a lawsuit is filed, the claimant become the plaintiff.

Tort

A tort is a wrongful or immoral act that causes another person injury or harm. Often times, you will hear this area of law referred to as tort law. This brings us to our next term.

Tortfeasor

Also referred to as the “at-fault party”, the tortfeasor is the actual person who engaged in negligent conduct or who failed to use reasonable case that caused someone harm or damage. They can also be the defendant if they are the ones being sued.

First Party Insurance

As we already know, the term “party” refers to either the plaintiff side or the defendant side. Well, first party is always the plaintiff side, in particular, their insurance company. A plaintiff might file a claim with their insurance company for money for damages.

Third Party Insurance

This is a defendant’s insurance company. It is commonly the insurance companies that pay out compensations or negotiate recompense in personal injury cases.

Third Party Claim

Different from third party insurance, a third party claim is when a person files an additional claim against a separate entity involved in causing their injuries. For example, if a person is severely injured at work while delivering a pizza, they can file a worker’s compensation claim (first party claim) with the company’s insurance provider since they were injured while working, and then they can file a third party claim against the person who collided into their vehicle while they were working.

Adjuster

The adjuster is a person that is employed or hired by an insurance company to investigate and handle a personal injury claim made against a defendant since it will be the defendant’s insurance company and not the defendant themselves who will be paying any judgment or settlement. Their primary objective is to argue why the injured party’s case has little to no value since their employer, the insurance carrier, has to pay for any settlement or judgment.

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Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to consult with our seasoned personal injury accident attorneys in Indianapolis, or anywhere within Indiana. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience representing accident victims in the state. We offer free initial consultations to assess your case. Best of all, we never collect lawyer fees unless we recover compensation for you!

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Common Terminology in a Personal Injury Claim

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A personal injury is harm or damage incurred as a result of another’s negligence or other conduct. This includes physical injuries like broken bones, concussions, lacerations, wounds, burns, internal organ damage, back and neck injuries, head injuries, slip and falls, and wrongful death. It may also include mental and emotional harm, such as damage to one’s reputation in the case of slander or defamation. Sexual harassment and discrimination are other examples of mental and emotional harm.

Continue reading to familiarize yourself with some common personal injury claim terms that will help you better understand your case. Always talk to a seasoned Indianapolis personal injury lawyer to get professional advice and assistance with making an injury claim.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers
317-881-2700


⚖ Tort ⚊ A wrongful or immoral act that causes another person injury or harm. Often times, you will hear personal injury law referred to as “tort law.”

⚖ Accident ⚊ An unintentional and unanticipated event that causes harm to a person, a person’s reputation, or their property.

⚖ Negligence ⚊ Failure to possess or demonstrate a level of care, expected by all persons under law, which protects another person, reputation, or property from harm or foreseeable and unreasonable risks.

⚖ Damages ⚊ Economic compensation that is awarded by a court in a civil action to a party who has been injured through the wrongful conduct of another party.

⚖ Pain and Suffering ⚊ The physical and/or mental distress experienced by a victim after being injured in an accident.

⚖ Liability ⚊ In tort law, the term “liability” refers to the legal responsibility for one’s acts or omissions.

⚖ Plaintiff ⚊ The party, or group of individuals, bringing forth a lawsuit. Also referred to as a claimant.

⚖ Defendant ⚊ The person or entity that is being presented with a lawsuit from the plaintiff. The party supposedly liable for the plaintiffs’ injuries and damages.

⚖ Party ⚊ A participant in a lawsuit. This may include the person (plaintiff or defendant), their insurance company, and their attorney.

⚖ Claimant ⚊ Also referred to as the “plaintiff”, it is generally the party who brings forth a lawsuit.

⚖ Tortfeasor ⚊ The tortfeasor is the actual person who demonstrated negligence that caused someone harm or damage (also referred to as the “at-fault party”). In some cases, it is the defendant rather than the actual at-fault person. For example, in the case of a minor, the parents might be the defendants, while the juvenile is the actual tortfeasor.

⚖ Lawyer ⚊ The licensed legal party that represents a claimant or a defendant. Sometimes one person, and other times, a small team of people.

⚖ Judge ⚊ A pubic officer that is appointed to hear and decide legal cases in a court of law.

⚖ Jury ⚊ A small group of selected individuals that assist a judge in identifying the guilty party in more complex lawsuits.

⚖ Answer ⚊ The pleading filed by the defendant or opposing party in response to the claimant’s allegations and requests, revealing their position in the case.

⚖ Complaint ⚊ A pleading or formal expression of grievance filed in the appropriate court by the plaintiff.

⚖ First Party Insurance ⚊ The claimant’s insurance company.

⚖ Third Party Insurance ⚊ The defendant’s insurance company.

⚖ Third Party Claim ⚊ A personal injury claim that is filed with the insurance company of another person or entity. They are brought forth by individuals who were purportedly injured or harmed by another party.

⚖ Adjuster ⚊ An individual appointed by an insurance company to handle and investigate a claim. Their purpose is usually to coordinate a settlement that doesn’t require the insurance company to pay out, or pay-out as little as possible.

Indianapolis Personal Injury Lawyers You Can Trust

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are eager to help you recover the full and fair compensation you deserve after being injured in an accident caused by another party. We offer free initial consultations and never collect lawyer fees unless we prevail for you.