This glossary provides general legal information for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Legal terms may be applied differently depending on the facts of each case. Consult a licensed California attorney for guidance specific to your situation.
Tort
A civil wrong that causes harm and gives rise to legal liability.
Tort LawNegligence
Failure to exercise the care a reasonable person would use in similar circumstances.
Tort LawDuty of Care
The legal obligation to act with reasonable care toward others who could be harmed by your actions.
Tort LawProximate Cause
The legally recognized cause that directly produces an injury — a required element of negligence claims.
Tort LawPremises Liability
A property owner's legal responsibility for injuries caused by unsafe conditions on their property.
Tort LawRespondeat Superior
The doctrine making employers liable for negligent acts of employees committed within the scope of employment.
Tort LawWrongful Death
A claim brought by surviving family members when a person is killed by another's negligent or wrongful act.
Economic Damages
Measurable financial losses from an injury: medical bills, lost wages, and property damage.
DamagesNon-Economic Damages
Compensation for intangible losses: pain and suffering, emotional distress, and loss of enjoyment of life.
DamagesPunitive Damages
Additional damages awarded to punish defendants for malicious, oppressive, or fraudulent conduct.
DamagesPain and Suffering
Non-economic compensation for physical pain and emotional distress caused by an injury.
DamagesLoss of Consortium
A spouse's or partner's claim for the loss of companionship and support caused by the other's injury.
Fault / DamagesComparative Fault
California's system for allocating fault among multiple parties and reducing damages proportionally.
Statute of Limitations
The deadline by which a lawsuit must be filed or the right to sue is permanently lost.
ProcedureDiscovery
The pre-trial process through which parties exchange information, documents, and witness testimony.
ProcedureDemand Letter
A formal written notice sent to the defendant or insurer outlining injuries and requesting compensation.
ProcedureIndependent Medical Examination
A medical evaluation requested by the defense to assess the nature and extent of the plaintiff's claimed injuries.
Subrogation
An insurer's right to recover what it paid from the party legally responsible for the loss.
FinanceMedical Lien
A legal claim against a personal injury settlement to repay medical providers who treated the plaintiff on credit.
FinanceContingency Fee
An attorney's fee arrangement where the lawyer is paid a percentage of the recovery only if the case succeeds.
For authoritative California legal information, consult these primary sources.