Florida Injury Law Glossary
Plain-English definitions of 81+ legal terms you may encounter in a Florida personal injury case.
Accident Report
An official record of a motor vehicle collision, typically prepared by law enforcement. In Florida, crash reports are filed through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) and can be requested by the parties involved.
Ad Litem
Latin for 'for the suit.' A guardian ad litem is a person appointed by the court to represent the interests of a minor, incapacitated person, or unborn party in a lawsuit.
Affidavit
A written statement of facts made under oath and sworn before a notary public or other authorized official. Affidavits are commonly used to support or oppose motions in personal injury cases.
Ankle Fracture
A break in one or more bones of the ankle joint. Severe ankle fractures with ligament damage can be catastrophic injuries requiring surgery, hardware implantation, and long-term physical therapy.
Arbitration
A form of alternative dispute resolution where a neutral third party (the arbitrator) hears evidence and issues a binding or non-binding decision, often faster and less expensive than litigation.
At-Fault
The party whose negligence caused or contributed to an accident or injury. Florida is a comparative negligence state, meaning fault can be shared among multiple parties.
Attractive Nuisance
A dangerous condition on property that is likely to attract children, such as an unfenced swimming pool. Under Florida law, property owners have a heightened duty to protect children from such hazards.
Bad Faith
A legal claim against an insurance company that fails to act fairly and honestly toward its policyholder, such as unreasonably delaying or denying a valid claim. Florida law permits policyholders to recover damages caused by insurer bad faith.
Bodily Injury
Physical damage to a person's body, including pain, impairment, disfigurement, and death. Bodily injury liability coverage pays for injuries you cause to others in an accident.
Breach of Duty
A failure to exercise the degree of care that a reasonably prudent person would exercise under similar circumstances. Establishing breach of duty is a required element of a negligence claim.
Burden of Proof
The obligation to prove the facts of a case. In civil personal injury cases, the plaintiff must prove their case by a 'preponderance of the evidence,' meaning it is more likely than not the defendant was negligent.
Catastrophic Injury
A severe injury that permanently prevents an individual from performing at least two of six activities of daily living, or requires significant medical care. Examples include traumatic brain injury, spinal cord injury with paralysis, severe burns, and amputation.
Comparative Negligence
A legal doctrine that reduces a plaintiff's damages by the percentage of fault attributed to them. Florida follows 'pure' comparative negligence, allowing recovery even if the plaintiff is 99% at fault.
Contributory Negligence
A strict legal doctrine that bars recovery if the plaintiff contributed to their own injury in any way. Florida does not follow this rule; it uses comparative negligence instead.
Damages
Money awarded to a party to compensate for losses caused by another's negligence. In Florida, damages include medical expenses, lost wages, pain and suffering, and loss of earning capacity.
Deposition
A formal out-of-court questioning of a witness under oath, recorded by a court reporter. Depositions are a key part of discovery in personal injury lawsuits.
Discovery
The pre-trial phase in which both parties exchange information, documents, and evidence relevant to the case, including depositions, interrogatories, and requests for production.
Duty of Care
The legal obligation to act with reasonable care to avoid foreseeable harm to others. Drivers, property owners, and medical professionals all owe specific duties of care.
Economic Damages
Measurable financial losses such as medical bills, rehabilitation costs, lost wages, and loss of future earning capacity.
Emergency Medical Treatment
Immediate care provided at an emergency department or trauma center. Under Florida law, hospitals generally must provide stabilizing treatment regardless of a patient's ability to pay.
Expert Witness
A witness with specialized knowledge, training, or experience who provides opinions in their field. Medical experts and accident reconstruction specialists are common in catastrophic injury cases.
FELA
The Federal Employers' Liability Act, which provides compensation to railroad workers injured due to their employer's negligence. Florida railroad employees may pursue FELA claims instead of workers' compensation.
Foreseeability
The ability to anticipate that a certain action or condition could cause harm. Courts use foreseeability to determine whether a duty of care existed.
Garnishment
A legal process by which a creditor collects a judgment by taking a portion of the debtor's wages or bank accounts. Florida law exempts certain income and property from garnishment.
General Damages
Non-economic losses such as pain and suffering, mental anguish, loss of consortium, and loss of enjoyment of life.
Gross Negligence
Conduct that shows a reckless disregard for the life, safety, or rights of others, exceeding simple carelessness. Gross negligence can support punitive damages and may overcome immunity defenses.
Health Insurance Lien
A claim by a health insurer to recover the cost of medical treatment from a personal injury settlement or judgment, often governed by Florida's collateral source rules.
Informed Consent
The process by which a healthcare provider explains the risks, benefits, and alternatives of a treatment before a patient agrees to it. Failure to obtain informed consent can support a medical malpractice claim.
Interrogatories
Written questions sent to the opposing party that must be answered in writing under oath during discovery.
Judgment
The final decision of a court resolving a lawsuit. A money judgment in favor of an injured plaintiff is enforceable against the defendant's assets.
Liability
Legal responsibility for one's actions or omissions. In personal injury law, liability means the at-fault party owes compensation for the injuries they caused.
Lien
A legal claim against property or money as security for a debt, such as a hospital lien against a personal injury settlement.
Loss of Consortium
A claim by a spouse or family member for the loss of companionship, affection, and support resulting from the injured person's harm.
Loss of Earning Capacity
A measure of damages reflecting the reduction in a person's ability to earn income in the future due to their injury.
Malpractice
Professional negligence by a healthcare provider or other professional who fails to meet the standard of care, causing patient injury.
Mediation
A settlement negotiation process in which a neutral third party helps the parties reach an agreement without going to trial.
Medical Malpractice
A claim against a healthcare provider whose negligence caused a patient's injury or death. Florida imposes specific pre-suit requirements and caps on certain damages in medical malpractice cases.
Negligence
Failure to exercise reasonable care that causes foreseeable harm to another person. The four elements are duty, breach, causation, and damages.
Non-Economic Damages
Subjective losses such as pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life that are difficult to quantify.
Nuisance
An unreasonable interference with the use and enjoyment of another's property, which may support a personal injury claim if it causes physical harm.
Pain and Suffering
A category of non-economic damages compensating a victim for physical pain and emotional distress caused by an injury.
Personal Injury Protection (PIP)
Florida's no-fault insurance coverage that pays medical expenses and lost wages up to policy limits after a motor vehicle accident, regardless of who was at fault. Florida's PIP minimum is $10,000.
Premises Liability
The legal responsibility of a property owner to keep the premises safe and warn visitors of dangerous conditions. Slip-and-fall and negligent security cases fall under this category.
Preponderance of the Evidence
The standard of proof in most civil cases, requiring the plaintiff to show that their claims are more likely true than not (greater than 50% probability).
Punitive Damages
Damages awarded to punish the defendant for particularly egregious or reckless conduct and to deter similar behavior. Florida caps punitive damages at three times compensatory damages or $500,000 in most cases.
Recklessness
Conscious disregard of a known and substantial risk that creates a danger to others. Reckless conduct can support punitive damages.
Res Ipsa Loquitur
Latin for 'the thing speaks for itself.' A doctrine allowing an inference of negligence when the injury would not ordinarily occur absent someone's negligence and the defendant controlled the instrumentality.
Settlement
An agreement between the parties to resolve a lawsuit or claim without a trial, typically for a lump-sum payment and a release of further claims.
Slip and Fall
A premises liability claim arising when a person is injured by a dangerous condition on someone else's property, such as a wet floor or uneven walkway.
Sovereign Immunity
The doctrine protecting the government from lawsuits. Florida waives sovereign immunity for negligence claims up to a $200,000 per-person / $300,000 per-incident cap, subject to notice requirements.
Standard of Care
The degree of care that a reasonably prudent person or professional would exercise in a given situation.
Statute of Limitations
The time limit within which a lawsuit must be filed. In Florida, most personal injury claims must be filed within two years (four years for wrongful death under new law). Missing the deadline bars the claim permanently.
Strict Liability
Legal responsibility for harm regardless of fault, such as liability for defective products, abnormally dangerous activities, or dog bites in some jurisdictions.
Subrogation
The right of an insurer to pursue reimbursement from a third party who caused a loss the insurer already paid, such as an auto insurer seeking repayment from a negligent driver.
Traumatic Brain Injury (TBI)
A brain injury caused by a sudden impact or blow to the head. TBIs range from concussions to severe injuries causing permanent cognitive, motor, and behavioral impairment.
Underinsured Motorist (UIM) Coverage
Insurance coverage that pays when the at-fault driver's liability limits are insufficient to cover the victim's damages.
Uninsured Motorist (UM) Coverage
Insurance coverage that pays your damages when the at-fault driver has no liability insurance. Florida requires UM coverage to be offered with every auto policy.
Verdict
The formal decision of a jury or judge at the conclusion of a trial, determining liability and, if applicable, the amount of damages.
Workers' Compensation
A no-fault insurance system providing medical benefits and wage replacement to employees injured on the job, in exchange for waiving the right to sue the employer in most cases.
Wrongful Death
A legal claim brought by surviving family members against a party whose negligence or wrongful act caused a person's death. Florida's Wrongful Death Act specifies who may recover and what damages are available.
Catastrophic Coverage
Extended insurance coverage triggered by severe injuries, such as those resulting in death, dismemberment, permanent disability, or substantial medical expenses beyond basic policy limits.
Collateral Source Rule
A rule preventing the jury from learning that the plaintiff's medical bills were paid by insurance, so damages are not reduced because of collateral payments. Florida has modified this rule in certain contexts.
Contingency Fee
A fee arrangement in which an attorney is paid a percentage of the settlement or judgment only if the client wins. Most Florida personal injury attorneys work on a contingency basis.
Custody
In catastrophic injury cases, the legal responsibility of a guardian for a person who is incapacitated and unable to make decisions.
Daubert Standard
The evidentiary standard used in Florida to determine whether expert testimony is reliable and admissible in court.
Defective Product
A product with a design, manufacturing, or warning defect that causes injury, giving rise to a product liability claim under strict liability principles.
Disabled Adult
A person with a physical or mental impairment that substantially limits one or more major life activities, who may be entitled to Medicaid, SSI, or other benefits.
Guardianship
A legal relationship in which a court appoints a guardian to manage the personal and financial affairs of an incapacitated adult.
Indemnification
A contractual obligation to compensate another party for losses, such as a contractor agreeing to indemnify a property owner for injuries on a jobsite.
Insurance Bad Faith
An insurer's wrongful refusal to pay a valid claim or its failure to act in good faith toward its policyholder, which can result in extra-contractual damages.
Joint and Several Liability
A doctrine under which each at-fault defendant may be held responsible for the entire judgment. Florida limits this doctrine to cases involving intentional torts, medical malpractice, or specific statutory exceptions.
Last Clear Chance
A doctrine allowing a negligent plaintiff to recover if the defendant had the last opportunity to avoid the accident. Florida courts apply a variant of this doctrine in certain cases.
Medical Lien
A claim by a hospital or healthcare provider for payment of medical expenses from a personal injury recovery.
No-Fault Insurance
An insurance system in which each party's own insurer pays their medical expenses and lost wages regardless of fault, subject to policy limits. Florida's PIP is a no-fault system.
Out-of-Pocket Costs
Expenses paid directly by the injured person, such as deductibles, copays, and uncovered medical treatments, which are recoverable as economic damages.
Permanent Impairment
A lasting loss of function due to injury, typically rated as a percentage by a physician, which may support a permanent disability award.
Reasonable Person
The hypothetical ordinary person whose level of care and judgment is used as a legal standard to evaluate negligence.
Release of Liability
A legal document in which an injured party agrees to give up the right to sue in exchange for a settlement payment.
Special Damages
Quantifiable out-of-pocket losses such as medical bills and lost earnings, as opposed to general (non-economic) damages.
Tort
A civil wrong, other than breach of contract, that causes harm to another person and gives rise to a legal claim for damages.
Vicarious Liability
Liability imposed on one party for the negligent acts of another, such as an employer's liability for an employee's actions within the scope of employment.
Disclaimer: This glossary is for general information only and does not constitute legal advice. Legal terms can carry different meanings depending on the context of a specific case. Consult a Florida attorney about your situation.