Personal Injury Law Glossary

Plain-language definitions of key legal terms used in California personal injury cases across all practice areas.

Negligence

Negligence is the failure to exercise the degree of care that a reasonably prudent person would exer...

Pure Comparative Fault

California's pure comparative fault system, established in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804...

Statute of Limitations

The statute of limitations is the legally mandated deadline for filing a civil lawsuit; missing the ...

Damages

Damages in a California personal injury case are the monetary compensation awarded to an injured pla...

Negligence Per Se

Negligence per se is a doctrine under which a violation of a statute or regulation satisfies the neg...

Duty of Care

A duty of care is a legal obligation to exercise reasonable care to avoid causing foreseeable harm t...

Proximate Cause

Proximate cause is the legal concept that connects a defendant's negligent act to the plaintiff's in...

Respondeat Superior

Respondeat superior is a legal doctrine that holds an employer vicariously liable for the negligent ...

Strict Liability

Strict liability is a legal doctrine that holds a defendant responsible for injury caused by their p...

Eggshell Plaintiff Rule

The eggshell plaintiff rule is a California tort law principle that holds defendants responsible for...

Medical Injury Compensation Reform Act (MICRA)

MICRA is California's 1975 law governing medical malpractice claims, which caps non-economic damages...

California Government Claims Act

The California Government Claims Act (Government Code Section 910 et seq.) requires an injured perso...

Punitive Damages

Punitive damages under California Civil Code Section 3294 are an award beyond compensatory damages w...

Uninsured/Underinsured Motorist Coverage

UM coverage pays for damages from drivers with no liability insurance; UIM coverage pays the differe...

Life Care Plan

A life care plan is a comprehensive expert document projecting the lifetime medical costs of a catas...

Subrogation

Subrogation is the legal right of an insurer or workers' compensation carrier that has paid a claim ...

Loss of Consortium

Loss of consortium is a claim by the spouse or domestic partner of an injured person for loss of com...

Discovery Rule

The discovery rule is a California equitable doctrine that tolls the statute of limitations for late...

Demand Letter

A demand letter is a formal written communication from an injured party or their attorney to the at-...

Proposition 51 / Civil Code Section 1431.2

Proposition 51 is a 1986 California ballot initiative codified at Civil Code Section 1431.2 that mod...