Personal Injury Glossary of Terms

A comprehensive guide to legal terminology in personal injury cases across the USA and Canada. Clear definitions, practical examples, and jurisdictional differences explained for general audiences.

Glossary Overview

80+ Terms Defined
2 Jurisdictions
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Important Legal Disclaimer

This glossary provides educational information only and does not constitute legal advice. Personal injury laws vary significantly by jurisdiction and individual circumstances. Always consult with a qualified personal injury attorney in your specific jurisdiction for legal advice about your situation.

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A

Accident Benefits

Canada Specific
Benefits available to individuals injured in a car accident, regardless of who was at fault. These benefits are paid by the injured person's own car insurance company.

Context & Example

In Ontario, these are known as Statutory Accident Benefits (SABS) and can cover a wide range of expenses, including medical and rehabilitation costs, income replacement, attendant care, and other out-of-pocket costs such as housekeeping expenses or funeral benefits. For instance, if an individual is injured in a car accident, their own insurer would cover immediate physiotherapy and lost income, even if that individual was at fault for the collision.

USA vs Canada Distinction

This concept is primarily a Canadian feature, particularly prominent in provinces with "no-fault" insurance systems for initial benefits. While some US states also implement "no-fault" auto insurance systems that provide Personal Injury Protection (PIP) benefits, the specific structure, scope, and interaction with tort claims of benefits like SABS are unique to Canada.

Adjuster (Insurance Adjuster)

A professional employed by an insurance company to investigate, evaluate, and settle claims. They determine the extent of the insurance company's liability and negotiate settlements with claimants.

Context & Example

After a car accident, an insurance adjuster will review the police report, inspect vehicle damage, interview witnesses, and examine medical records to determine how much the insurance company should pay for the claim.

USA vs Canada Distinction

Insurance adjusters operate in both countries with similar roles, though specific licensing requirements and regulations may vary by state or province.

Ad Litem

A guardian ad litem is a person appointed by the court to represent someone who is unable to represent themselves in legal proceedings, such as a minor or someone who is legally incompetent. "Ad litem" literally means "for the lawsuit."

Context & Example

In a personal injury case involving a child who was injured in a car accident, the court may appoint a guardian ad litem to protect the child's interests during settlement negotiations and ensure any settlement is in the child's best interest, since minors cannot legally enter into contracts or make legal decisions on their own.

USA vs Canada Distinction

Both the US and Canada use guardian ad litem appointments for minors and incompetent persons in legal proceedings. The specific procedures for appointment and the scope of duties may vary by state or province, but the fundamental concept and purpose remain consistent across both jurisdictions.

Alternative Dispute Resolution (ADR)

Methods of resolving legal disputes outside of traditional court trials, including mediation, arbitration, and negotiation. ADR is often faster, less expensive, and more private than litigation.

Context & Example

Many personal injury cases are resolved through ADR methods, such as mediation sessions where a neutral third party helps both sides reach a settlement agreement.

USA vs Canada Distinction

ADR methods are widely encouraged and utilized in both countries, with similar types of processes available.

Actus Reus

The physical act or omission that constitutes a crime or civil wrong. In criminal law, actus reus is the "guilty act" - the objective, physical element of an offense that must be proven alongside mens rea (the mental element) to establish criminal liability.

Context & Example

In a personal injury case involving criminal conduct, the actus reus might be the physical act of striking someone with a vehicle while impaired. The prosecution must prove both that the defendant performed this physical act (actus reus) and that they had the required mental state (mens rea) to establish criminal liability, which may affect civil damages.

USA vs Canada Distinction

Both the US and Canada follow similar common law principles regarding actus reus as a fundamental component of criminal liability. The concept applies equally in both jurisdictions, though specific statutory definitions and applications may vary by state or province.

Appeal

A legal process by which a party requests a higher court or authority to review and potentially overturn or modify a decision made by a lower court or administrative body.

Context & Example

If a trial verdict is unfavorable to either the plaintiff or the defendant, that party may file an appeal, arguing that legal errors were made during the proceedings or that the judgment was incorrect.

USA vs Canada Distinction

The concept and process of appeal are fundamentally similar in both common law systems.

Arbitration

A form of Alternative Dispute Resolution (ADR) where a neutral third party, known as the arbitrator, hears both sides of a dispute and makes a binding decision to resolve the claim, often avoiding a full trial.

Context & Example

Parties in a personal injury case might agree to arbitration to settle a claim quickly and cost-effectively, especially if negotiations or mediation fail.

USA vs Canada Distinction

Arbitration is utilized in both countries as an ADR method, adhering to similar principles.

Assault & Battery

Intentional torts involving physical harm or the threat of it. Assault is an intentional act that causes reasonable apprehension of immediate harmful or offensive contact (e.g., threatening a punch). Battery is the intentional, unlawful use of force resulting in actual physical contact and injury (e.g., the actual punch).

Context & Example

If an individual intentionally shoves another person, causing them to fall and break an arm, this action could constitute battery, and the victim could file a personal injury claim for damages.

USA vs Canada Distinction

These terms have consistent definitions as intentional torts in both US and Canadian common law.

Assumption of Risk

A legal defense asserting that the injured party knowingly and voluntarily accepted the risks associated with a particular activity or situation, thereby limiting or barring their ability to recover damages.

Context & Example

If someone participates in a high-risk sport like skydiving and signs a waiver acknowledging the inherent dangers, they may be deemed to have assumed the risk of injury, potentially preventing them from recovering damages if an injury occurs.

USA vs Canada Distinction

This defense is recognized in both countries, though its application can vary based on specific circumstances and jurisdictional precedents.

At-Fault Party / Defendant

The individual, company, or entity legally responsible for causing an accident or injury due to their negligence or wrongful act. This party is the one against whom a personal injury lawsuit is filed.

Context & Example

In a car accident, the driver who ran a red light and caused a collision would be identified as the at-fault party or defendant.

USA vs Canada Distinction

The term and its meaning are consistent across both countries.

B

Bad Faith (Insurance)

When an insurance company unreasonably denies, delays, or underpays a valid claim, or fails to properly investigate a claim. This can result in additional legal action against the insurance company.

Context & Example

If an insurance company denies a legitimate claim without proper investigation or reasonable justification, or deliberately delays payment to pressure a claimant into accepting a lower settlement, this may constitute bad faith.

USA vs Canada Distinction

Bad faith insurance practices are actionable in both countries, though specific remedies and standards may vary by jurisdiction.

Bodily Injury

Physical damage to a person's body caused by someone else's wrongful acts or omissions. This term is often used in insurance policies and legal documents to describe the scope of covered injuries.

Context & Example

Bodily injury liability coverage in auto insurance pays for medical expenses, pain and suffering, lost wages, and other damages when the policyholder is at fault in an accident that injures someone else.

USA vs Canada Distinction

The term is used consistently in both countries, particularly in insurance contexts.

Breach of Duty

A failure to meet the "duty of care" owed to another person, meaning the defendant acted (or failed to act) in a way that a reasonable person would not have under similar circumstances. It is a key element that must be proven in establishing negligence.

Context & Example

A store owner failing to clean up a spilled liquid on the floor, leading to a customer slipping and falling, demonstrates a breach of duty because they did not uphold their obligation to ensure a safe environment.

USA vs Canada Distinction

This concept is fundamental to negligence claims in both US and Canadian common law.

Burden of Proof

The legal obligation of a party to prove its assertions in a case. In personal injury cases, the plaintiff typically bears the responsibility of proving that the defendant's actions caused their injuries and that they are entitled to compensation.

Context & Example

A plaintiff must present sufficient evidence, such as medical records and witness testimony, to convince the court that their injuries were directly caused by the defendant's negligence.

USA vs Canada Distinction

The principle of "burden of proof" (usually requiring proof on a "balance of probabilities" in civil cases) is consistent across both jurisdictions.

C

Catastrophic Impairment / Catastrophic Injuries

Canada Specific
The most severe type of personal injury, often resulting in permanent and life-altering consequences. In Canada, particularly under Statutory Accident Benefits (SABS), these injuries grant access to significantly higher and/or longer-term medical and rehabilitation benefits.

Context & Example

Examples include quadriplegia, paraplegia, severe brain injury (e.g., a Glasgow Coma Scale score of 9 or less), amputation, or loss of vision in both eyes. The designation often requires a "marked and sustained loss of function," indicating a significant and lasting impact on daily activities and participation in society.

USA vs Canada Distinction

This is a distinctly Canadian legal concept, especially within the context of auto insurance benefits (SABS). While the USA recognizes severe injuries, the specific legal designation of "catastrophic impairment," with its associated enhanced benefits, is a Canadian feature.

Causation

The direct link between the defendant's negligent action (or inaction) and the plaintiff's injuries or damages. It means the injury would not have occurred "but for" the defendant's breach of duty.

Context & Example

If a driver speeds and causes an accident, and the other driver suffers whiplash, the speeding is considered the direct cause of the whiplash.

USA vs Canada Distinction

Causation is a fundamental element of negligence claims in both countries.

Claim

A formal demand for compensation or legal rights asserted by one party against another, often the first step in seeking recovery for injuries or damages.

Context & Example

After a slip and fall incident, an injured person might file a claim with the property owner's insurance company to seek compensation for their losses.

USA vs Canada Distinction

The general meaning is consistent. However, in Canada, a "Notice of Claim" has specific statutory requirements in some contexts, such as motor vehicle accidents or claims against municipalities.

Class Action Lawsuit

A lawsuit filed by one or more plaintiffs on behalf of a larger group of people who have suffered similar injuries or damages from the same cause.

Context & Example

A group of consumers injured by a defective product from the same manufacturer might collectively file a class action lawsuit to address their shared grievances.

USA vs Canada Distinction

Class actions exist in both countries, serving the purpose of judicial economy and providing access to justice for numerous claimants with similar grievances.

Collateral Source Rule

A legal principle that prevents a defendant from reducing the damages they owe to a plaintiff by the amount the plaintiff has received from other sources (such as insurance, disability benefits, or gifts), even if those sources have compensated the plaintiff for the same losses.

Context & Example

If an injured person receives $10,000 from their health insurance to cover medical bills, the at-fault defendant cannot use this payment to reduce the $10,000 they owe for those same medical expenses.

USA vs Canada Distinction

This rule exists in both countries but may be applied differently. Some jurisdictions have modified or abolished this rule in certain contexts to prevent double recovery.

Comparative Negligence

A legal doctrine that allows an injured plaintiff to recover damages even if they were partially at fault for their injuries. The compensation amount is reduced in proportion to their assigned percentage of fault.

Context & Example

If a plaintiff is found 20% at fault for an accident and their total damages are determined to be $100,000, they would receive $80,000 after the reduction for their share of fault.

USA vs Canada Distinction

This is the predominant approach in most US states, often in "pure comparative negligence" or "modified comparative negligence" forms. In Canada, comparative negligence is generally applied, allowing for proportionate reduction of damages based on the plaintiff's share of blame.

Compensatory Damages

Monetary awards intended to compensate the injured party for actual losses incurred due to the defendant's actions. These are divided into economic damages (calculable financial losses) and non-economic damages (subjective losses like pain and suffering).

Context & Example

Compensatory damages might include medical bills, lost wages, property damage, pain and suffering, and loss of enjoyment of life - essentially putting the injured person in the financial position they would have been in had the injury not occurred.

USA vs Canada Distinction

The concept is consistent between both countries, though Canada typically has caps on non-economic damages that are less common in the USA.

Compensation

Monetary payment awarded to an injured party to make up for losses or injuries endured. This can include various types of "damages".

Context & Example

A court might order a negligent driver to pay compensation for the injured person's medical bills, lost wages, and pain and suffering.

USA vs Canada Distinction

The general concept of compensation is universal. However, the specific types and amounts of compensation, particularly for non-economic damages, can vary significantly due to caps and deductibles in Canada that are less common in the USA.

Concussion

A type of traumatic brain injury caused by a blow, bump, or jolt to the head that causes the brain to move rapidly back and forth inside the skull. Concussions can result in temporary or long-lasting symptoms affecting thinking, behavior, and physical function.

Context & Example

A concussion from a car accident might cause headaches, dizziness, memory problems, and difficulty concentrating. These symptoms can significantly impact a person's ability to work and enjoy daily activities, making it a serious consideration in personal injury cases.

USA vs Canada Distinction

Concussions are recognized as serious injuries in both countries, though they may sometimes be classified under "minor injury" caps in certain Canadian provinces if symptoms resolve within the statutory timeframe.

Contingency Fee Agreement

A common payment arrangement in personal injury cases where the attorney's fee is a percentage of the final settlement or verdict amount, payable only if the case is successful. If the case is lost, the client typically pays no attorney fees.

Context & Example

A personal injury lawyer might take a case on a 33% contingency fee, meaning they receive one-third of the recovered amount if the client wins the case.

USA vs Canada Distinction

This fee structure is widely used and understood in both countries, designed to provide access to legal representation without requiring upfront costs.

Contributory Negligence

A legal doctrine, used in a minority of US states, where a plaintiff is completely barred from recovering any damages if they are found to have contributed in any way to their own injuries, regardless of the defendant's fault.

Context & Example

If a pedestrian jaywalks and is hit by a speeding car, in a contributory negligence state, they might receive no compensation even if the driver was largely at fault, because their own actions contributed to the accident.

USA vs Canada Distinction

This is primarily a US concept, used in only a few states. Canada, like most US states, primarily uses comparative negligence. This represents a critical difference in how fault impacts the ability to recover damages.

Civil Lawsuit

A legal proceeding in which a plaintiff seeks compensation or damages from a defendant for alleged wrongful actions. Civil lawsuits differ from criminal cases in that they seek to compensate the victim rather than punish the wrongdoer, and have a lower burden of proof.

Context & Example

When someone is injured in a car accident due to another driver's negligence, they may file a civil lawsuit against the at-fault driver seeking compensation for medical bills, lost wages, and pain and suffering.

USA vs Canada Distinction

Both countries have similar civil litigation systems. In the US, the burden of proof is typically "preponderance of the evidence," while Canada uses "balance of probabilities" - both requiring proof that something is more likely than not to be true.

Common Law

A legal system based on judge-made law and judicial decisions (precedent) rather than solely on legislation. Common law evolves through court decisions that establish binding precedents for future cases. This contrasts with civil law systems that primarily rely on written codes and statutes.

Context & Example

Many personal injury principles, such as negligence standards and duty of care concepts, were developed through common law cases rather than being written in statutes. When courts establish that property owners owe visitors a duty of care, this becomes common law precedent.

USA vs Canada Distinction

Both the US and Canada operate under common law systems (except Quebec, which uses civil law for private matters). Both countries inherited English common law and continue to develop it through judicial decisions, though specific precedents may differ between jurisdictions.

Comparative Fault

A legal doctrine that apportions responsibility when multiple parties share fault for an accident. Each party's liability is determined as a percentage, and damages are distributed in proportion to the fault assigned to each party. Also known as comparative negligence.

Context & Example

In a car accident where Driver A was speeding (70% fault) and Driver B failed to yield (30% fault), Driver B could recover 70% of their damages from Driver A, while Driver A could recover 30% of their damages from Driver B.

USA vs Canada Distinction

Both countries generally follow comparative fault principles, though specific thresholds and applications vary. Some US states use "pure" comparative fault (you can recover even if 99% at fault), while others have threshold rules (e.g., no recovery if more than 50% at fault).

D

Defamation

The act of making false statements about someone that damages their reputation. Defamation includes both libel (written defamatory statements) and slander (spoken defamatory statements). In personal injury law, defamation can cause emotional distress and economic harm.

Context & Example

If someone falsely publishes that a business owner was convicted of fraud, causing customers to avoid the business and resulting in lost profits, this could constitute defamation with calculable damages.

USA vs Canada Distinction

Both countries recognize defamation torts, but the US has stronger First Amendment protections requiring public figures to prove "actual malice." Canada has stricter defamation laws but also recognizes broader defenses like fair comment.

Damages

The monetary compensation sought or awarded to a plaintiff for losses incurred due to an injury. Damages can be categorized into economic, non-economic, and punitive.

Context & Example

Medical bills, lost wages, and pain and suffering are all common types of damages claimed in a personal injury case.

USA vs Canada Distinction

The categories of damages (economic, non-economic, punitive) are generally consistent. However, the application of "damages caps" and "deductibles" significantly differentiates the actual amounts recoverable for non-economic damages in Canada compared to the USA.

Damages Cap

Canada Specific
A legal limit on the amount of compensation that can be awarded for certain types of damages, typically non-economic damages like pain and suffering.

Context & Example

In Canada, the Supreme Court's "Damages Trilogy" established a cap on general damages (pain and suffering), which is adjusted for inflation (approximately $465,280.67 in 2023). Additionally, many Canadian provinces have "minor injury caps" for specific, less severe injuries in auto accidents.

USA vs Canada Distinction

Damages caps for pain and suffering are common in Canada but are generally not applied in the USA, particularly for pain and suffering in most personal injury cases. Some US states may have caps on punitive damages or in specific areas like medical malpractice.

Deductible

Canada Specific
In Canadian auto insurance, a statutory amount that is deducted from an award for pain and suffering (non-pecuniary general damages) in motor vehicle accident cases, unless the total award exceeds a certain threshold.

Context & Example

In Ontario, as of January 1, 2025, there is a deductible of $46,790.05 for pain and suffering awards valued under $155,965.54. If a plaintiff is awarded $100,000 for pain and suffering, they would only receive $53,209.95 after the deductible is applied.

USA vs Canada Distinction

This "statutory deductible" on pain and suffering awards is a specific feature of Canadian auto insurance law, particularly in Ontario. While US policies have deductibles for property damage or medical payments, this specific type of deductible on non-economic damages is not common in the USA.

Defendant

The party (individual, company, or organization) against whom a lawsuit is filed; the one accused of causing the plaintiff's injuries or losses.

Context & Example

In a medical malpractice case, the doctor or hospital accused of negligence would be named as the defendant.

USA vs Canada Distinction

The meaning of "defendant" is consistent in both countries.

Deposition

A formal, out-of-court oral testimony given under oath during the discovery phase of litigation, where attorneys from both sides can question witnesses, experts, or parties to the case. The testimony is recorded and can be used as evidence at trial.

Context & Example

In a personal injury case, the plaintiff might be deposed to provide detailed testimony about how the accident occurred, their injuries, and how the injuries have affected their life and work.

USA vs Canada Distinction

Depositions are more commonly used in the USA. Canada has similar discovery procedures but may use "examinations for discovery" or other terms for comparable processes.

Discovery

The pre-trial process where both parties gather information and evidence relevant to the case from each other. This can include interrogatories (written questions), depositions (oral testimony under oath), and requests for documents.

Context & Example

During discovery, the plaintiff's lawyer might request the defendant's medical records or accident reports, and the defendant's lawyer might depose the plaintiff to learn about their injuries and their impact on daily life.

USA vs Canada Distinction

The concept and purpose of discovery are similar in both jurisdictions, though specific rules and procedures may vary.

Dog Owner's Liability Act

Ontario Specific
An Ontario statute that places strict liability on dog owners for damages resulting from bites or attacks by their dogs. This means liability does not depend on the owner's knowledge of the dog's aggressive potential or proof of negligence.

Context & Example

If a dog bites someone in Ontario, the owner is liable for the victim's injuries simply because the attack occurred, simplifying the legal process for the victim by removing the need to prove the owner's fault.

USA vs Canada Distinction

This is a specific Ontario statute. While many US states also have "dog bite laws," they vary, with some applying "strict liability" and others requiring proof of the owner's prior knowledge of the dog's dangerous propensity.

Dram Shop Laws

Laws that hold establishments (bars, restaurants, liquor stores) liable for injuries caused by intoxicated patrons whom they served alcohol. These laws extend liability beyond the intoxicated person to the business that provided the alcohol.

Context & Example

If a bar continues to serve an obviously intoxicated customer who then drives and causes an accident, the injured parties might be able to sue both the drunk driver and the establishment under dram shop laws.

USA vs Canada Distinction

Many US states have specific dram shop statutes. Canada generally relies on common law principles of negligence to hold establishments liable for over-serving, though some provinces have specific legislation addressing alcohol service liability.

Duty of Care

A legal obligation to act in a way that prevents harm to others. The standard of care often depends on the specific circumstances and the relationship between the parties involved.

Context & Example

A driver has a duty of care to operate their vehicle safely on the road; similarly, a doctor has a duty to provide appropriate, attentive medical care to their patients.

USA vs Canada Distinction

This is a core element of negligence in both US and Canadian common law.

E

Economic Damages

Quantifiable financial losses resulting from an injury, including medical expenses, lost wages, loss of earning capacity, property damage, and other out-of-pocket costs. These damages can be calculated with specific monetary amounts.

Context & Example

If an injured person incurs $50,000 in medical bills and loses $30,000 in wages due to time off work, their economic damages would be $80,000. Future lost earnings and ongoing medical care costs are also included.

USA vs Canada Distinction

Economic damages are recognized and calculated similarly in both countries, though specific rules about future earning calculations and collateral benefits may vary.

Evidence

Information, testimony, documents, or physical objects used to prove or disprove facts in court during a personal injury case. Evidence is essential for establishing liability and demonstrating the extent of injuries.

Context & Example

In a car accident case, evidence might include medical records showing injuries, witness statements about how the accident occurred, photographs of the accident scene, expert reports on vehicle damage, police reports, and video surveillance from nearby cameras.

USA vs Canada Distinction

Both countries follow similar evidence rules based on relevance, reliability, and admissibility. However, specific procedural rules about discovery, disclosure timing, and expert evidence requirements may vary between jurisdictions.

Expert Witness

A person with specialized knowledge, training, or experience in a particular field who is called to testify in court to provide professional opinions on matters within their expertise that are relevant to the case.

Context & Example

In a medical malpractice case, a doctor might serve as an expert witness to testify about whether the defendant physician's treatment met the appropriate standard of care. In a car accident case, an accident reconstruction expert might testify about how the collision occurred.

USA vs Canada Distinction

Expert witnesses are used in both countries, though specific rules regarding their qualifications, the admissibility of their testimony, and disclosure requirements may vary by jurisdiction.

F

Fault

A negligent or intentional failure to act according to law or duty, or to act reasonably, leading to harm. It is a key factor in determining liability in personal injury cases.

Context & Example

In a car accident, determining which driver was "at fault" is crucial for assigning liability and determining who is responsible for the damages.

USA vs Canada Distinction

The meaning of fault is consistent. However, the impact of fault on recovery differs significantly between jurisdictions using contributory vs. comparative negligence.

Foreseeability

A legal concept used in determining whether a particular harm or injury was a reasonably predictable result of a defendant's actions. In negligence cases, a person can be held liable for harm they caused only if the harm was of a type that a reasonable person would have anticipated as resulting from their conduct.

Context & Example

If someone leaves a banana peel on a grocery store floor, it is foreseeable that a customer might slip and fall on it. However, if that slip causes the customer to drop their keys, which then causes another person to trip days later, this subsequent injury might not be considered foreseeable from the original act of leaving the banana peel.

USA vs Canada Distinction

Foreseeability is a fundamental principle in both legal systems for determining liability scope. Both countries apply similar tests, though specific applications and precedents may vary between jurisdictions.

Ejusdem Generis

A principle of statutory interpretation meaning "of the same kind or class." When general words follow specific examples in a statute or contract, the general words are interpreted to be limited to the same kind or class as the specific examples listed.

Context & Example

If a personal injury statute lists specific vehicles like "cars, trucks, motorcycles, and other motor vehicles," a court applying ejusdem generis would interpret "other motor vehicles" to include only vehicles similar to those specifically listed (like buses or ATVs), but not aircraft or boats, even though they are technically motor vehicles.

USA vs Canada Distinction

This fundamental principle of statutory interpretation is applied in both US and Canadian courts when interpreting legislation and contracts. Both legal systems use this rule to prevent overly broad interpretations of general language that follows specific examples.

Family Law Act Claim

Ontario Specific
In Ontario, a claim for damages brought by eligible family members (including spouses, children, grandchildren, parents, grandparents, and siblings) of an injured or deceased person, seeking compensation for their own losses resulting from the victim's injury or death.

Context & Example

If a parent is severely injured and can no longer provide care, guidance, or companionship to their children, those children might file a Family Law Act claim for these specific losses. This type of claim can also include expenses incurred by family members for the injured person's benefit.

USA vs Canada Distinction

This is a specific Ontario statute. While US jurisdictions have "loss of consortium" claims or "wrongful death" statutes that allow family members to recover certain losses, the specific scope and eligibility under Ontario's Family Law Act are unique.

Future Care Costs

The estimated expenses for medical treatment, rehabilitation, therapy, assistive devices, and other care needs that an injured person will require in the future as a result of their injuries.

Context & Example

A person with a spinal cord injury might require ongoing physiotherapy, home modifications, wheelchairs, attendant care, and specialized medical equipment for the rest of their life. These projected costs are calculated and included in their damage claim.

USA vs Canada Distinction

Future care costs are recoverable in both countries, though the calculation methods and what types of care are included may vary. Expert testimony is typically required to establish these costs.

G

General Damages

Non-monetary losses that result from an injury, including pain and suffering, emotional distress, loss of enjoyment of life, and loss of amenities. These damages are subjective and cannot be precisely calculated like economic losses.

Context & Example

General damages might compensate for chronic pain, inability to participate in favorite hobbies, emotional trauma from an accident, or reduced quality of life due to permanent disability.

USA vs Canada Distinction

Both countries recognize general damages, but Canada has established caps on these awards (the "Damages Trilogy" cap), while the USA generally allows juries to determine these amounts without statutory limits.

Gross Negligence

An extreme departure from the standard of care that a reasonable person would exercise, showing reckless disregard for the safety or rights of others. It is more severe than ordinary negligence but less than intentional misconduct.

Context & Example

A driver who is extremely intoxicated and speeds through a school zone would likely be considered grossly negligent, as their behavior shows a reckless disregard for the safety of children and other drivers.

USA vs Canada Distinction

Gross negligence is recognized in both countries and may result in higher damage awards or punitive damages. The specific definition and consequences may vary by jurisdiction.

I

Independent Medical Examination (IME)

A medical examination performed by a physician chosen by the defendant or insurance company to assess the extent and nature of the plaintiff's injuries, treatment needs, and disability. Despite being called "independent," these exams are requested and paid for by the opposing party.

Context & Example

In a personal injury case, the defendant's insurance company might require the injured person to attend an IME to obtain a second opinion about their injuries, recovery progress, and whether ongoing treatment is necessary.

USA vs Canada Distinction

IMEs are commonly used in both countries, though the specific rules about when they can be required and how many times may vary by jurisdiction.

Insurance Coverage

The amount and type of financial protection provided by an insurance policy. In personal injury cases, this determines how much money is available to compensate injured parties and covers legal defense costs for the insured.

Context & Example

A driver might have $100,000 in liability coverage, meaning their insurance will pay up to that amount for injuries they cause to others. If damages exceed this amount, the driver may be personally responsible for the difference.

USA vs Canada Distinction

Insurance requirements and typical coverage amounts vary significantly between states and provinces. Some jurisdictions have no-fault systems while others are tort-based.

Intentional Tort

A civil wrong committed when someone deliberately acts in a way that causes harm to another person. Unlike negligence, intentional torts require proof that the defendant intended to cause harm or knew their actions were substantially certain to cause harm.

Context & Example

Assault, battery, false imprisonment, and intentional infliction of emotional distress are examples of intentional torts. For instance, if someone deliberately pushes another person down stairs, this would be an intentional tort rather than negligence.

USA vs Canada Distinction

Intentional torts are recognized in both countries with similar elements and types. However, insurance coverage for intentional acts is typically excluded, meaning defendants may be personally liable for full damages.

In Loco Parentis

Latin phrase meaning "in the place of a parent." This legal doctrine refers to a person or institution taking on parental responsibilities and authority for a child who is not their biological or adoptive child, including the duty to provide care, supervision, and protection.

Context & Example

In personal injury cases, this concept may arise when a school, daycare, or guardian has temporary care of a child and an injury occurs. For instance, if a child is injured at school during recess, the school may be held to an in loco parentis standard of care, meaning they had a duty to supervise and protect the child as a reasonable parent would.

USA vs Canada Distinction

Both US and Canadian legal systems recognize the in loco parentis doctrine, particularly in educational settings and childcare situations. The specific application and standards may vary by jurisdiction, but the fundamental principle of assuming parental responsibility and corresponding duty of care remains consistent.

Interrogatories

Written questions submitted by one party to another during the discovery phase of litigation. The receiving party must answer these questions under oath within a specified time period, and the answers can be used as evidence at trial.

Context & Example

In a slip and fall case, the plaintiff's attorney might send interrogatories to the property owner asking about their knowledge of the dangerous condition, maintenance procedures, and any previous incidents at the location.

USA vs Canada Distinction

Interrogatories are used in both countries as part of the discovery process, though specific rules about the number of questions allowed and time limits for responses may vary.

Ipso Facto

Latin phrase meaning "by that very fact" or "by the fact itself." Used to indicate that something is a direct and automatic consequence of another action or circumstance, without the need for additional proof or intervention.

Context & Example

In personal injury law, if a driver is convicted of drunk driving that caused an accident, they may be considered ipso facto negligent - their negligence is established by the very fact of their conviction, without needing additional evidence to prove careless driving. Similarly, violating a safety statute designed to prevent the type of harm that occurred can be ipso facto evidence of negligence.

USA vs Canada Distinction

The concept of ipso facto is used in both US and Canadian legal systems, particularly in establishing negligence per se or statutory violations that automatically establish duty of care breaches. The application principles are similar in both jurisdictions.

J

Joint and Several Liability

A legal principle where multiple defendants who are found liable for the same injury can each be held responsible for the entire amount of damages, regardless of their individual degree of fault. This allows the plaintiff to collect the full judgment from any one defendant.

Context & Example

If two drivers both cause an accident resulting in $100,000 in damages, even if one driver is only 20% at fault, they could be required to pay the entire $100,000 if the other driver cannot pay. The paying defendant can then seek contribution from the other responsible party.

USA vs Canada Distinction

This principle exists in both countries but may be modified by comparative fault statutes. Some jurisdictions limit joint and several liability to economic damages only or apply it only when a defendant's fault exceeds a certain threshold.

Jones Act

USA Specific
A US federal maritime law that allows seamen who are injured or killed in the course of their employment to sue their employers for negligence. It provides a pathway to compensation for maritime workers, unlike typical state workers' compensation laws, which generally preclude suing an employer.

Context & Example

A deckhand injured due to unsafe equipment or negligent procedures on a vessel could file a claim under the Jones Act against their employer for negligence, seeking compensation for medical bills and lost wages.

USA vs Canada Distinction

This is a specific US federal law. Canada has its own maritime laws and workers' compensation schemes, but no direct equivalent to the Jones Act.

Judgment

The court's final official decision or ruling in a lawsuit, which may include an award of monetary damages.

Context & Example

After a trial, the judge or jury renders a judgment, stating whether the defendant is liable and what compensation, if any, is awarded to the plaintiff.

USA vs Canada Distinction

The meaning of "judgment" is consistent in both countries.

L

Liability

Legal responsibility for one's actions or omissions, particularly for causing harm or injury to another. Proving negligence often leads directly to establishing liability.

Context & Example

Once a drunk driver is found negligent for causing an accident, they are held legally liable for the victim's injuries and associated costs.

USA vs Canada Distinction

The meaning of "liability" is consistent in both countries.

Limitation Period (Statute of Limitations)

The legally defined time limit within which a lawsuit or claim must be filed after an injury or incident occurs. If a claim is not filed within this period, the legal right to do so is generally lost, barring any specific exceptions.

Context & Example

In Maine, the general statute of limitations for a personal injury claim is six years, but it can be as short as 180 days for claims against the state or under the Maine Liquor Liability Act. In Ontario, it is typically two years from the date the injury was discovered.

USA vs Canada Distinction

Both countries have limitation periods, but the specific timeframes vary significantly by state/province and by the type of case. This is a critical point of divergence that necessitates careful legal consultation.

Limited Tort / Full Tort

USA Specific
Insurance options available in some US states (e.g., Pennsylvania, Kentucky, New Jersey) that affect a driver's ability to sue for non-monetary damages like pain and suffering after an auto accident.

Context & Example

Full Tort: Allows the insured to seek recovery for all medical expenses, lost wages, property damage, and all non-monetary damages, including pain and suffering, regardless of the injury's severity.

Limited Tort: Restricts the insured's ability to sue for pain and suffering unless their injuries meet a "serious injury" threshold defined by state law (e.g., death, serious impairment of a body function, or permanent serious disfigurement).

USA vs Canada Distinction

These are specific US auto insurance options. Canada's "no-fault" Statutory Accident Benefits (SABS) system and "minor injury caps" serve a similar function of limiting compensation for less severe injuries, but through a different legislative framework.

Loss of Consortium

A claim by the spouse or family member of an injured person for the loss of companionship, affection, assistance, and intimacy that results from their loved one's injuries. This recognizes that serious injuries affect not just the victim but their close relationships.

Context & Example

If a person becomes paralyzed in an accident, their spouse might file a loss of consortium claim for the loss of their partner's companionship, assistance with household duties, and changes to their intimate relationship.

USA vs Canada Distinction

Loss of consortium claims exist in both countries, though they may be termed differently (such as Family Law Act claims in Ontario). The specific family members who can make such claims and what damages are recoverable may vary by jurisdiction.

Lost Wages

Income that an injured person has been unable to earn due to their injuries. This is a form of economic damage, as it represents a quantifiable financial loss.

Context & Example

If a construction worker breaks their leg in an accident and cannot work for three months, the income they would have earned during that period constitutes lost wages.

USA vs Canada Distinction

The meaning is consistent. In Canada, "Income Replacement Benefits" (IRBs) are part of Statutory Accident Benefits (SABS) for auto accidents, providing weekly payments for lost income.

M

Maine Liquor Liability Act

USA Specific
A Maine statute that provides a limited right of legal recourse against bars, restaurants, or servers of alcohol for over-serving a visibly intoxicated person who then causes injury or death.

Context & Example

If a bar serves alcohol to an already intoxicated patron who subsequently drives and causes an accident, the injured party might sue the bar under this Act, holding the establishment partially responsible for the patron's actions.

USA vs Canada Distinction

This is a specific Maine statute. Many US states have "dram shop laws" or "liquor liability acts," but their specifics vary. Canada has common law principles that can hold establishments liable for over-serving, but no single federal act of this name.

Malpractice

Negligent acts of a professional (e.g., doctor, lawyer) that cause injury to a person due to a breach of duty, negligence, or lack of ordinary skill.

Context & Example

A surgeon making a preventable error during an operation that harms a patient would be a case of medical malpractice.

USA vs Canada Distinction

The concept of professional malpractice is consistent in both countries. However, specific rules regarding expert testimony, damages caps, and procedural requirements can vary.

Mediation

A process where a neutral third-party mediator facilitates communication and negotiation between parties in a personal injury case to help them reach a mutually acceptable settlement agreement. If mediation is unsuccessful, the case may proceed to trial.

Context & Example

Before going to court, the plaintiff and defendant might attend mediation to try and settle the case out of court, often leading to a quicker and less costly resolution.

USA vs Canada Distinction

Mediation is widely used as a form of Alternative Dispute Resolution (ADR) in both countries, with similar objectives.

Mens Rea

Latin phrase meaning "guilty mind," referring to the mental state or intent required to establish criminal liability. Mens rea is the mental element of a crime that must be proven alongside actus reus (the physical act) to secure a criminal conviction.

Context & Example

In a personal injury case involving criminal conduct, such as a drunk driving accident, establishing mens rea means proving the defendant had the required mental state - whether intent, knowledge, recklessness, or willful blindness. For impaired driving, the mens rea might be the reckless disregard for public safety shown by choosing to drive while intoxicated, which can strengthen a civil claim for punitive damages.

USA vs Canada Distinction

Both US and Canadian criminal law require proof of mens rea for most serious offenses. While the specific mental states and their definitions may vary slightly between jurisdictions, the fundamental principle that criminal liability requires both a guilty act and a guilty mind applies in both legal systems.

Motions in Limine

Pretrial motions that request the court to exclude certain evidence or testimony from trial. These motions are used to prevent prejudicial, irrelevant, or inadmissible evidence from being presented to the jury before it can be introduced.

Context & Example

Before a trial starts, an attorney might file a motion in limine requesting that the court rule that evidence the opposing party wants to present should be excluded because it is unfairly prejudicial, such as excluding photographs that are overly graphic or evidence of prior unrelated accidents.

USA vs Canada Distinction

Both legal systems use pretrial motions to exclude evidence, though the specific procedural rules and terminology may vary. In Canada, similar motions might be called "applications to exclude evidence" or "voir dire applications."

Minor Injury Cap

Canada Specific
A provincial statutory limit on the amount of non-pecuniary damages (pain and suffering) that can be claimed for certain "minor injuries," typically soft tissue injuries like sprains, strains, and whiplash-associated disorders, in motor vehicle accidents. These caps are adjusted annually for inflation.

Context & Example

In Alberta, the cap for minor injuries was $6,182 as of January 1, 2025. If a person's whiplash injury is deemed "minor" and falls under the cap, their pain and suffering compensation cannot exceed this amount, even if the subjective impact on their life is significant.

USA vs Canada Distinction

This is a distinct feature of Canadian provincial auto insurance schemes, designed to limit payouts for less severe injuries. The USA generally does not have "minor injury caps" on pain and suffering, though some states with "limited tort" options achieve a similar effect.

Mitigation of Damages

The legal principle that requires an injured party to take reasonable steps to minimize their losses following an injury. Failure to mitigate damages can reduce the amount of compensation recoverable from the defendant.

Context & Example

If a doctor recommends physiotherapy to help recover from an injury, the injured person should follow this advice. If they refuse reasonable treatment and their condition worsens as a result, their damage award may be reduced because they failed to mitigate their losses.

USA vs Canada Distinction

The duty to mitigate damages is recognized in both countries as a fundamental principle of tort law.

Motor Vehicle Accident (MVA)

A collision involving one or more motor vehicles that results in property damage, injury, or death. MVAs are one of the most common sources of personal injury claims.

Context & Example

Motor vehicle accidents can range from minor fender-benders to serious multi-car collisions. They often involve complex issues of fault determination, insurance coverage, and injury assessment.

USA vs Canada Distinction

While MVAs occur in both countries, the legal frameworks for handling them can differ significantly, particularly regarding no-fault insurance systems, caps on damages, and available benefits.

Mutatis Mutandis

Latin phrase meaning "with the necessary changes having been made" or "with the relevant differences taken into account." Used when applying a rule, principle, or precedent to a similar but not identical situation, acknowledging that appropriate adjustments must be made.

Context & Example

In personal injury law, a court might apply a precedent about car accidents to a motorcycle accident case mutatis mutandis - the same legal principles apply, but with necessary modifications to account for the differences between cars and motorcycles, such as visibility issues, protective equipment requirements, and injury severity patterns.

USA vs Canada Distinction

This principle of legal reasoning is used in both US and Canadian courts when applying precedents to similar cases. Both legal systems recognize the need to adapt existing legal principles to new but analogous situations while maintaining consistency in legal interpretation.

N

Negligence

The failure to exercise reasonable care, which directly results in harm to another person. It is the cornerstone of most personal injury cases, requiring proof of duty, breach, causation, and damages.

Context & Example

A driver texting while driving and causing an accident is a clear example of negligence, as they failed to exercise the reasonable care expected of a driver.

USA vs Canada Distinction

This is a fundamental legal concept in both common law systems, with consistent elements required for proof.

No-Fault Insurance

Canada Specific & Some US States
An insurance system where injured parties receive certain benefits (e.g., medical, rehabilitation, income replacement) from their own insurance company, regardless of who was at fault for the accident.

Context & Example

In Ontario, Statutory Accident Benefits (SABS) are a form of no-fault insurance. If an individual is injured in a car accident, their own insurer pays for their immediate medical and rehabilitation needs, even if they were responsible for the accident.

USA vs Canada Distinction

Canada's auto insurance system, particularly in provinces like Ontario, incorporates a significant "no-fault" component for initial benefits. Some US states also operate under a "no-fault" system for personal injury protection (PIP) benefits, while others are "tort" (fault-based) states.

Non-Economic Damages

Compensation for subjective, non-monetary losses resulting from an injury, such as pain and suffering, emotional distress, loss of enjoyment of life, loss of companionship, and mental anguish. These damages cannot be precisely calculated like economic losses.

Context & Example

Non-economic damages might include compensation for chronic pain that prevents someone from playing sports they love, anxiety and depression following a traumatic accident, or the inability to enjoy normal family relationships due to a brain injury.

USA vs Canada Distinction

Both countries recognize non-economic damages, but Canada typically has caps on these awards, while the USA generally allows juries to determine amounts without statutory limits (except in specific circumstances like medical malpractice in some states).

Notice of Claim

A formal written notice that must be provided to certain defendants (typically government entities or specific types of organizations) within a specified time period after an incident occurs, informing them of the intention to file a lawsuit and providing basic details about the claim.

Context & Example

If someone is injured due to a poorly maintained sidewalk, they may need to provide a Notice of Claim to the municipality within a certain timeframe (often much shorter than the general limitation period) before they can file a lawsuit.

USA vs Canada Distinction

Notice requirements exist in both countries, particularly for claims against government entities, but the specific time limits and notice requirements vary significantly by jurisdiction.

O

Occupiers' Liability

The legal responsibility of property owners or occupiers to ensure that their premises are reasonably safe for people who enter the property. The level of care owed depends on the status of the person entering (invitee, licensee, or trespasser).

Context & Example

A store owner has a duty to maintain their premises in a safe condition for customers. If a customer slips on a wet floor that wasn't properly marked or cleaned up, the store owner might be liable under occupiers' liability principles.

USA vs Canada Distinction

Both countries have occupiers' liability laws, though they may be structured differently. Some US states use the traditional three-category system (invitee/licensee/trespasser), while others have moved to a single standard of reasonable care.

Out-of-Pocket Expenses

Direct expenses that an injured person has to pay personally as a result of their injury, which are not covered by insurance or other benefits. These are considered economic damages and can be recovered from the at-fault party.

Context & Example

Out-of-pocket expenses might include prescription medications, parking fees for medical appointments, travel costs to see specialists, medical equipment not covered by insurance, or hiring help for household tasks the injured person can no longer perform.

USA vs Canada Distinction

Out-of-pocket expenses are recoverable in both countries as part of economic damages, though what constitutes reasonable and necessary expenses may vary by jurisdiction.

P

Pain and Suffering

The physical and emotional distress, discomfort, and loss of enjoyment of life experienced by an injured person due to their injuries. It is a key component of non-economic damages.

Context & Example

Chronic back pain, anxiety, or the inability to participate in hobbies due to an injury would fall under the category of pain and suffering, as these impact the individual's quality of life.

USA vs Canada Distinction

While recognized in both, the potential recovery for pain and suffering is significantly impacted by the "Damages Trilogy" cap and provincial "minor injury caps" in Canada, and by statutory deductibles in some provinces like Ontario. These limitations are generally not present in the USA.

Personal Injury

Harm, loss, or damage inflicted upon a person's body, emotions, or reputation as a result of another person's negligence or wrongful act.

Context & Example

Injuries sustained from car accidents, slip and falls, medical malpractice, or dog bites are common types of personal injury cases.

USA vs Canada Distinction

The meaning is consistent across both nations.

Personal Injury Protection (PIP)

USA Specific
A type of auto insurance coverage available in some US states that pays for medical expenses, lost wages, and other economic losses regardless of who caused the accident. PIP is part of "no-fault" insurance systems.

Context & Example

In a state with PIP coverage, if someone is injured in a car accident, their own insurance company will pay for their medical bills and a portion of their lost wages up to the policy limits, regardless of whether they or the other driver caused the accident.

USA vs Canada Distinction

PIP is specific to certain US states with no-fault insurance systems. Canada has similar benefits through Statutory Accident Benefits (SABS) and other provincial accident benefit schemes, but they are structured differently.

Preservation Letter

A formal written notice sent to potential defendants requesting the preservation of all relevant documents, records, and evidence before legal action is filed. This letter creates a legal duty to preserve evidence and helps avoid claims of spoliation (destruction of evidence) later in the case.

Context & Example

After a workplace accident, an injured employee's attorney might send a preservation letter to the employer requesting that all security camera footage, incident reports, maintenance records, training materials, and witness statements be preserved before filing a lawsuit. This prevents the employer from destroying relevant evidence in the normal course of business.

USA vs Canada Distinction

Both legal systems recognize the importance of evidence preservation and impose duties to preserve relevant evidence once litigation is anticipated. The specific procedural rules and consequences for failing to preserve evidence may vary between jurisdictions.

Plaintiff

The injured person or their representative who initiates a lawsuit or brings a claim against another party (the defendant), seeking compensation for damages.

Context & Example

After a car accident, the individual who was injured and files a lawsuit to seek compensation is referred to as the plaintiff.

USA vs Canada Distinction

The meaning of "plaintiff" is consistent in both countries.

Pre-existing Condition

A medical condition, injury, or health problem that existed before the accident or incident in question. Pre-existing conditions can complicate personal injury cases but don't necessarily prevent recovery.

Context & Example

Someone with a pre-existing back condition who is injured in a car accident may still recover damages if the accident aggravated or worsened their condition, even if they had some back problems before the accident.

USA vs Canada Distinction

Both countries generally follow the "thin skull" or "eggshell skull" rule, meaning defendants must take plaintiffs as they find them, including any pre-existing vulnerabilities.

Premises Liability

A legal concept that holds property owners responsible for injuries that occur on their property due to unsafe conditions. This falls under the broader category of occupiers' liability.

Context & Example

Common premises liability cases include slip and fall accidents due to wet floors, inadequate lighting, broken stairs, or falling objects in stores or on other properties.

USA vs Canada Distinction

The basic principles are similar in both countries, though specific standards of care and legal requirements may vary by jurisdiction.

Product Liability

The legal responsibility of manufacturers, distributors, or sellers for injuries or damages caused by defective or unreasonably dangerous products. It can be based on negligence, strict liability, or breach of warranty.

Context & Example

If a consumer is injured by a faulty appliance due to a manufacturing defect, they might file a product liability claim against the manufacturer.

USA vs Canada Distinction

Recognized in both countries. Strict liability is often applied in product liability cases in both jurisdictions, meaning the plaintiff may not need to prove negligence, only that the product was defective and caused harm.

Prima Facie

Latin phrase meaning "at first sight" or "on its face." In legal context, prima facie evidence is sufficient to establish a fact or presumption of truth unless contradicted by other evidence. A prima facie case contains the basic facts necessary to establish a claim.

Context & Example

In a personal injury case, if a driver rear-ends another vehicle, this creates a prima facie case of negligence - the evidence on its face suggests fault, though the defendant can still present evidence to rebut this presumption, such as proof that the lead vehicle made an unexpected sudden stop.

USA vs Canada Distinction

The concept of prima facie evidence is fundamental to both US and Canadian legal systems. Both jurisdictions use this standard to determine whether sufficient evidence exists to proceed with a case and to establish initial burdens of proof in civil litigation.

Proximate Cause

A legal principle that limits liability to consequences that are a reasonably foreseeable result of the defendant's actions. It prevents defendants from being held liable for remote or unforeseeable consequences of their negligence.

Context & Example

If a driver negligently causes a minor car accident, they might be held liable for the direct injuries to the other driver, but not for a heart attack the other driver suffers a week later due to unrelated stress, unless there's a clear medical connection.

USA vs Canada Distinction

The concept exists in both countries as part of causation analysis, though it may be expressed using different terminology (such as "remoteness" in Canada).

Punitive Damages (Non-Compensatory Damages)

Damages awarded in rare cases where the defendant's conduct was particularly egregious, reckless, malicious, or demonstrated active ill will. Unlike compensatory damages, their primary purpose is to punish the defendant and deter similar future behavior, rather than to compensate the plaintiff for a specific loss.

Context & Example

If a manufacturer knowingly sold a dangerously defective product that caused severe injuries, a court might award punitive damages to punish their reckless disregard for safety and discourage similar actions by others.

USA vs Canada Distinction

Punitive damages are awarded in both countries. While the USA generally does not have caps on punitive damages, Canada's Supreme Court has indicated they should be awarded cautiously and not excessively.

Quantum

The amount or extent of damages awarded in a legal case, particularly in personal injury and contract disputes. Quantum refers to the financial compensation awarded by the court and is often a central issue in determining the appropriate amount of damages.

Context & Example

After establishing liability in a personal injury case, the court must determine the quantum of damages - how much money should be awarded for medical expenses, lost wages, pain and suffering, and future care costs. The quantum might include $50,000 for past medical bills, $100,000 for future care, and $75,000 for pain and suffering.

USA vs Canada Distinction

Both jurisdictions must determine quantum of damages in personal injury cases, though the specific calculation methods, available damage categories, and caps may vary. Canada often has provincial variations in damage calculations, while US states may have different approaches to calculating pain and suffering awards.

R

Reasonable Person Standard

A legal test used to determine whether someone's actions in a particular situation were reasonable by comparing them to what a hypothetical "reasonable person" would have done under the same circumstances. This standard is central to negligence law.

Context & Example

When determining if a driver was negligent, a court would ask whether a reasonable person in the same situation would have acted differently - for example, whether a reasonable driver would have stopped at a yellow light rather than speeding through it.

USA vs Canada Distinction

This standard is fundamental to negligence law in both countries and is applied similarly across both jurisdictions.

Recovery (Economic Recovery)

The financial reimbursement or compensation a personal injury victim receives from the at-fault party or their insurer following a successful claim or lawsuit.

Context & Example

After a successful lawsuit or settlement, the plaintiff receives a monetary recovery for their damages, covering expenses like medical bills and lost wages.

USA vs Canada Distinction

The meaning of "recovery" is consistent.

Res Ipsa Loquitur

A Latin phrase meaning "the thing speaks for itself." This legal doctrine allows for an inference of negligence when an accident is of a type that ordinarily does not occur in the absence of negligence, the defendant had exclusive control of the instrumentality that caused the harm, and the plaintiff did not contribute to the accident.

Context & Example

A classic example would be a surgical sponge left inside a patient during an operation. This type of accident ordinarily does not happen without negligence, the surgical team had exclusive control of the operating room, and the unconscious patient could not have contributed to the error.

USA vs Canada Distinction

This doctrine is recognized in both legal systems, though the specific application and requirements may vary slightly between jurisdictions. Both countries use it to help plaintiffs prove negligence in cases where direct evidence of the defendant's conduct is unavailable.

Restatement of Torts

USA Reference
An influential legal treatise published by the American Law Institute that provides a comprehensive analysis of tort law principles. It serves as authoritative guidance for courts, attorneys, and legal scholars, though it is not binding law but rather a highly respected compilation of legal principles and recommendations.

Context & Example

When determining the standard of care in a negligence case, courts often reference the Restatement of Torts for guidance on how similar cases have been analyzed and what legal principles should apply. For instance, the Restatement's discussion of premises liability may be cited in a slip-and-fall case.

USA vs Canada Distinction

While the Restatements are influential in both countries, they are formally a US legal reference. Canadian courts may cite them as persuasive authority, but Canada has its own legal treatises and case law that serve similar functions in developing tort law principles.

Rehabilitation

Medical treatment and therapy designed to help an injured person recover function, adapt to disabilities, and return to their normal activities as much as possible. Rehabilitation costs are typically recoverable as economic damages.

Context & Example

Rehabilitation might include physiotherapy, occupational therapy, speech therapy, psychological counseling, and vocational training to help someone return to work after a serious injury.

USA vs Canada Distinction

Rehabilitation is recognized as necessary treatment in both countries, though coverage and access may differ based on healthcare systems and insurance structures.

Res Ipsa Loquitur

A Latin legal doctrine meaning "the thing speaks for itself." It allows a court to infer negligence from the very nature of an accident or injury, even without direct evidence of how the defendant breached their duty of care.

Context & Example

If a surgical instrument is left inside a patient after surgery, res ipsa loquitur may apply because this type of accident doesn't normally happen without negligence, even if the exact moment of negligence cannot be pinpointed.

USA vs Canada Distinction

This doctrine is recognized in both countries' common law systems, though its application and specific requirements may vary by jurisdiction.

S

Settlement

A voluntary agreement reached between the injured party (plaintiff) and the defendant (or their insurance company) to resolve a personal injury case without proceeding to trial. Once agreed upon, a settlement is legally binding.

Context & Example

Many personal injury cases are resolved through settlement, often after negotiation or mediation, to avoid the time, expense, and uncertainty of a trial.

USA vs Canada Distinction

The concept and process of settlement are consistent across both countries.

Small Claims Court

A specialized court that handles disputes involving smaller monetary amounts, designed to provide accessible, informal, and efficient resolution of minor legal matters without the need for full litigation. These courts typically have lower filing fees, simplified procedures, and often allow self-representation.

Context & Example

A person injured in a minor car accident with medical bills and property damage totaling $3,000 might file their case in small claims court rather than pursuing a traditional lawsuit. The process would be faster, less expensive, and wouldn't require hiring an attorney.

USA vs Canada Distinction

Both countries have small claims courts, but monetary limits vary significantly. US limits typically range from $2,500 to $25,000 depending on the state, while Canadian provincial limits generally range from $5,000 to $35,000. Specific procedures and rules also vary by jurisdiction.

Slip and Fall

A type of premises liability accident where someone slips, trips, or falls on someone else's property due to a dangerous condition such as wet floors, uneven surfaces, poor lighting, or debris.

Context & Example

Common slip and fall scenarios include slipping on a wet grocery store floor without warning signs, tripping on a broken sidewalk, or falling down poorly lit stairs.

USA vs Canada Distinction

Slip and fall cases are handled similarly in both countries under premises liability law, though specific standards for property owner liability may vary.

Special Damages

Specific, quantifiable monetary losses that result from an injury, such as medical bills, lost wages, and property damage. Also known as economic damages, these losses can be calculated with precision.

Context & Example

Special damages in a car accident case might include $25,000 in medical bills, $10,000 in lost wages, and $5,000 in vehicle repair costs - all specific amounts that can be proven with receipts and documentation.

USA vs Canada Distinction

The concept is consistent in both countries, representing the calculable financial losses resulting from an injury.

Statutory Accident Benefits (SABS)

Ontario, Canada Specific
A specific set of no-fault benefits available to individuals injured in motor vehicle accidents in Ontario, Canada, regardless of who caused the accident. These benefits cover a range of expenses, including medical, rehabilitation, income replacement, and attendant care, not covered by provincial health insurance (OHIP).

Context & Example

A person injured in a car crash in Ontario can apply for SABS to cover their physiotherapy and lost income, even if they were at fault for the accident, ensuring immediate support for their recovery.

USA vs Canada Distinction

SABS are unique to Ontario's auto insurance system. While some US states have "no-fault" personal injury protection (PIP), the specific structure, benefits, and interaction with tort claims under SABS are distinct.

Stare Decisis

Latin phrase meaning "to stand by things decided." This is a fundamental principle of legal precedent where courts generally follow decisions made in similar cases by higher courts, ensuring consistency and predictability in the legal system.

Context & Example

In personal injury law, if a higher court rules that a specific type of conduct constitutes negligence in a particular context, lower courts will generally follow this precedent when deciding similar cases. For example, if a state supreme court establishes that texting while driving constitutes negligence per se, trial courts in that state will typically follow this ruling in future cases involving similar facts.

USA vs Canada Distinction

Both US and Canadian legal systems rely heavily on stare decisis as a cornerstone of their common law tradition. Both systems recognize that precedents from higher courts are binding on lower courts, though the specific hierarchical structures and the weight given to precedents may vary between jurisdictions.

Strict Liability

A legal principle where a defendant is held responsible for injuries or damages caused by their actions or products, regardless of fault or intent to cause harm. The plaintiff only needs to prove that the specified act occurred and caused damage.

Context & Example

Product liability cases often involve strict liability, where a manufacturer is liable for injuries caused by a defective product even if they exercised reasonable care in its production. The Ontario Dog Owner's Liability Act is another example of strict liability.

USA vs Canada Distinction

Applied in specific areas in both countries, such as product liability and sometimes in cases involving dangerous activities or animals. The principle is consistent, but its specific application varies by jurisdiction.

Subrogation

The legal right of an insurance company or other party to pursue a claim against a third party who is responsible for losses they have already paid. This prevents double recovery and ensures the at-fault party ultimately bears the financial responsibility.

Context & Example

If your insurance company pays for your medical bills after an accident caused by another driver, your insurer may have subrogation rights to recover those payments from the at-fault driver's insurance company.

USA vs Canada Distinction

Subrogation rights exist in both countries and serve to prevent unjust enrichment and ensure proper allocation of financial responsibility for losses.

Sub Judice

Latin phrase meaning "under judgment," indicating that a case is currently before a court and under judicial consideration. When a matter is sub judice, there are often restrictions on public discussion or media coverage to avoid influencing the proceedings.

Context & Example

While a personal injury lawsuit is sub judice, the parties and their representatives may be restricted from making public statements about the case that could prejudice the jury or influence witnesses. Media outlets may also limit their coverage to avoid contempt of court charges.

USA vs Canada Distinction

Both legal systems recognize the sub judice principle and impose restrictions on public commentary during ongoing legal proceedings. However, the specific rules and enforcement mechanisms may vary, with different approaches to balancing free speech and fair trial rights.

Summary Judgment

A court ruling made during litigation when there are no genuine disputes about the important facts of the case, allowing the judge to apply the law and render a decision without going to trial.

Context & Example

If the defendant clearly violated a traffic law and caused an accident with undisputed facts, a court might grant summary judgment on the issue of liability, allowing the case to proceed directly to determining damages without a trial on fault.

USA vs Canada Distinction

Summary judgment procedures exist in both countries, though specific rules and standards for granting such motions may vary by jurisdiction.

T

Thin Skull Rule (Eggshell Skull Rule)

A legal principle stating that a defendant must take the plaintiff as they find them, including any pre-existing conditions or unusual vulnerabilities. If the plaintiff's injuries are more severe due to a pre-existing condition, the defendant is still liable for the full extent of the harm caused.

Context & Example

If someone with a pre-existing spinal condition suffers a more severe injury in a minor car accident than a healthy person would have, the at-fault driver is still responsible for all the resulting damages, not just what a "normal" person would have suffered.

USA vs Canada Distinction

This rule is well-established in both countries' common law systems and prevents defendants from arguing that they should pay less because the plaintiff was more vulnerable than average.

Tort

A civil wrong (other than a breach of contract) that causes harm or injury to another person, for which the law provides a remedy, typically monetary damages. Personal injury claims fall under tort law.

Context & Example

Negligence, assault, battery, and defamation are all examples of torts for which a civil lawsuit can be filed.

USA vs Canada Distinction

A fundamental concept in both common law systems. Canada's tort law is largely governed by common law, with some provincial and territorial variations. The USA also relies on common law, supplemented by state statutes.

Tortfeasor

The individual or entity that commits a tort, meaning they are the wrongdoer who caused the personal injury.

Context & Example

The negligent driver in a car accident who caused harm to another party is the tortfeasor.

USA vs Canada Distinction

The meaning of "tortfeasor" is consistent.

Traumatic Brain Injury (TBI)

A form of acquired brain injury caused by sudden trauma to the head, resulting in damage to brain tissue. TBIs can range from mild (concussions) to severe, with potentially life-altering consequences including cognitive, physical, and emotional impairments.

Context & Example

A severe TBI from a car accident might result in memory problems, difficulty concentrating, personality changes, and physical disabilities, requiring extensive rehabilitation and potentially qualifying as a catastrophic injury with significant future care needs.

USA vs Canada Distinction

TBIs are recognized as serious injuries in both countries. In Canada, severe TBIs may qualify as "catastrophic impairments" under auto insurance benefits, while the USA typically addresses such injuries through large damage awards in tort claims.

Trial

The formal hearing of a legal case in court where evidence is presented, witnesses testify, and a judge or jury makes a decision (verdict) on liability and damages.

Context & Example

If a settlement cannot be reached between the parties, a personal injury case will proceed to trial, where the dispute will be resolved by a judicial decision.

USA vs Canada Distinction

The fundamental process is similar, though procedural rules and jury roles can vary.

U

Uninsured Motorist Coverage

Auto insurance coverage that protects drivers when they are injured by an uninsured driver or in a hit-and-run accident. This coverage essentially allows the injured person's own insurance company to step into the shoes of the at-fault driver's insurance.

Context & Example

If you're hit by a driver who has no insurance, your uninsured motorist coverage would pay for your medical bills, lost wages, and other damages that the at-fault driver's insurance should have covered.

USA vs Canada Distinction

This type of coverage is common in both countries, though it may be structured differently. Some jurisdictions make it mandatory while others make it optional.

Underinsured Motorist Coverage

Auto insurance coverage that protects drivers when they are injured by a driver whose insurance coverage is insufficient to fully compensate for their damages. This coverage pays the difference between the at-fault driver's coverage limits and the actual damages.

Context & Example

If you suffer $100,000 in damages but the at-fault driver only has $50,000 in liability coverage, your underinsured motorist coverage could pay the additional $50,000 (up to your policy limits).

USA vs Canada Distinction

Available in both countries, this coverage provides important protection against drivers who carry only minimum insurance requirements that may be inadequate for serious injuries.

V

Verdict

The formal decision or finding made by a jury (or judge in a bench trial) at the conclusion of a trial, determining whether the defendant is liable and, if so, what damages should be awarded to the plaintiff.

Context & Example

After hearing all the evidence in a personal injury trial, the jury might render a verdict finding the defendant 80% liable and awarding the plaintiff $200,000 in damages.

USA vs Canada Distinction

The concept of verdict is consistent in both countries' legal systems.

Vicarious Liability

A legal doctrine where one party is held liable for the actions of another due to a specific relationship between them, even if the first party was not directly negligent.

Context & Example

An employer may be held vicariously liable for the negligent actions of an employee committed within the scope of their employment, such as a delivery driver causing an accident while on duty.

USA vs Canada Distinction

The principle of vicarious liability exists in both countries, often applied in employer-employee relationships.

Volenti Non Fit Injuria

Latin phrase meaning "to a willing person, no injury is done." This legal defense argues that the injured party voluntarily assumed the risk of injury, meaning they knew of the danger and proceeded anyway, thereby consenting to the possibility of harm. Often shortened to "volenti."

Context & Example

In personal injury law, this defense might be raised when someone participates in inherently dangerous activities like extreme sports, contact sports, or dangerous occupations. For instance, if a professional hockey player is injured during a legal body check in a game, the defendant might argue volenti non fit injuria - that the player voluntarily assumed the inherent risks of playing hockey.

USA vs Canada Distinction

Both US and Canadian legal systems recognize this defense, though it may be more commonly referred to as "assumption of risk" in the US. The application and scope of this defense can vary by jurisdiction, and courts in both countries have developed nuanced approaches to determine when someone has truly voluntarily assumed a risk.

W

Whiplash

A neck injury caused by rapid back-and-forth movement of the head, commonly occurring in rear-end car accidents. Whiplash can cause pain, stiffness, headaches, and other symptoms that may persist for weeks, months, or longer.

Context & Example

A person struck from behind at a stoplight might develop whiplash, experiencing neck pain, headaches, and reduced range of motion that requires physiotherapy and time off work.

USA vs Canada Distinction

Whiplash is recognized in both countries, though in some Canadian provinces it may fall under "minor injury" caps if it resolves within the statutory timeframe, limiting pain and suffering compensation.

Workers' Compensation (WSIB in Ontario)

A state or provincial program that provides monetary compensation and benefits to workers who suffer on-the-job injuries or occupational diseases, regardless of fault.

Context & Example

In Ontario, the Workplace Safety and Insurance Board (WSIB) oversees claims for workplace injuries. An injured worker can receive benefits for medical treatment and lost wages through WSIB, rather than having to sue their employer.

USA vs Canada Distinction

Both countries have workers' compensation systems, which are generally "no-fault" and typically prevent employees from suing their employers for negligence. The specific agencies and benefit structures vary by state in the USA and by province/territory in Canada.

Wrongful Death

The death of an individual caused by the negligence or wrongful act of another party. Family members or representatives of the deceased can file a wrongful death claim to seek compensation for their losses resulting from the death.

Context & Example

If a pedestrian is killed by a drunk driver, the pedestrian's family can file a wrongful death claim to seek compensation for the loss of companionship, financial support, and funeral expenses.

USA vs Canada Distinction

Both countries have wrongful death statutes that allow designated family members to recover damages. The specific eligible claimants and types of recoverable damages (e.g., loss of companionship, financial support, funeral expenses) vary by state/province.

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Need Legal Advice?

This glossary provides educational information only. Personal injury laws are complex and vary significantly by jurisdiction. For specific legal advice about your situation, consult with a qualified personal injury attorney in your area.

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