Law Glossary: Common Terms & Definitions Used in Texas Personal Injury Law
If you were hurt in an accident somewhere in Texas, you may be considering retaining an attorney to help you with your personal injury claim. When talking with your attorney, trying to get medical care, or dealing with insurance calls, you might hear legal terms that feel unfamiliar. Personal injury cases move fast, and the words used in demand letters, claim files, and court paperwork can be confusing. That confusion can be overwhelming when all you want is to protect your rights and get compensated for your losses.
This glossary explains common terms you will see in many Texas injury claims. This plain-English reference can hopefully help you follow conversations with adjusters, doctors, and attorneys with more confidence.
Personal Injury Law Glossary Terms & Definitions
Comparative Fault
Comparative fault is the term used to describe how Texas law compares each party’s conduct and what their share of the fault for that incident is because of that conduct.
Here’s an example. Say you were backing out of a parking spot and someone who was texting while driving collided with the back of your car. Under Texas’s comparative fault law, the insurance adjuster reviewing the incident may assign you 20% of the fault for the incident for backing out without properly looking behind you. However, the driver who was on their phone would receive 80% of the fault because they were operating a vehicle while distracted.
Deposition
A deposition is sworn testimony taken outside the courtroom. It is usually recorded by a court reporter, and sometimes on video.
In a deposition hearing, lawyers ask questions, and the witness answers under oath. Depositions often focus on how the incident happened, your medical treatment, and how the injuries affect your daily life.
Discovery
Discovery is the formal process where both sides exchange information in a case. It can include written questions that the other party must answer honestly, exchanging documentation, and depositions of parties involved.
Discovery often involves medical records, employment records, accident reports, photos, and witness statements. The goal is to reduce surprises and clarify what each side will argue at trial.
Duty of Care
Duty of care is the legal obligation someone has to act with reasonable caution to avoid harming others. Drivers must follow traffic laws. Property owners must address known hazards within a reasonable time. Businesses must take reasonable steps to keep customers safe. Proving a duty of care is one of the building blocks of most negligence claims.
Lawsuit
A lawsuit is a formal legal action filed in civil court. Personal injury claims are typically pursued outside of court using the process of reporting the injury, investigating what happened, and documenting damages. From there, parties will usually negotiate with each other (or with insurance companies) to attempt to come to a settlement.
If the parties cannot come to an agreement, a lawsuit is what moves it to civil court. The injured person becomes the plaintiff, and the party accused of causing the harm becomes the defendant. A lawsuit may be filed to meet a legal deadline, to use court tools like discovery and depositions to require evidence, or to move the case forward when the insurance company will not make a fair offer.
Liability
Liability is legal responsibility for harm. When someone is liable, they can be required to pay damages. Liability can involve individuals, businesses, property owners, and manufacturers. It can also involve multiple parties, such as a driver and their employer in a crash with a business-owned vehicle.
Maximum Medical Improvement
Maximum medical improvement, often called MMI, is the point in your recovery where your doctor believes your condition has stabilized. It does not always mean you are fully healed. It often means further treatment is unlikely to produce significant improvement. MMI can affect case value because it helps clarify future medical needs, permanent limitations, and long-term costs.
Negligence
When someone has a duty of care to someone else, negligence is the failure to provide that care. In many Texas cases, negligence is evaluated through four core elements: duty, breach, causation, and damages. An attorney can walk you through how each of these might apply to your case and help you evaluate your options.
Settlement
A settlement is an agreement to resolve a claim either without a trial or before a trial can reach a verdict. It usually involves the injured person releasing legal claims in exchange for payment. Settlements can happen before a lawsuit is filed or after litigation begins.
The vast majority of injury claims settle before they ever reach the trial phase, so if you have been injured, there is a very strong chance a settlement will be the resolution to your case.
Statute of Limitations
A statute of limitations is the legal deadline to file a lawsuit. In Texas, many personal injury lawsuits must be filed within two years of the date of injury (Texas Civil Practice and Remedies Code § 16.003). Some situations can change this deadline, including certain cases involving minors or delayed discovery issues, so timing should be evaluated early.
Next Steps & Help After an Injury
If you have been injured and are facing pressure to settle from an insurance company, you shouldn’t have to deal with your situation alone. If insurance companies are throwing confusing jargon at you and pushing you to accept short-term deadlines, Angel Reyes & Associates can review your situation and explain your options in clear terms. For over 30 years, we have helped injured Texans understand their rights and pursue compensation. We offer free initial consultations, and we serve clients throughout the state from our 16 office locations. To get started, use our online contact form to request a case review.
