Personal Injury Law Terms You Should Know
Personal Injury Law Terms You Should Know
When you’ve been injured, the legal process can feel overwhelming.
At Slaughter & Lupton Law, we believe in fighting for your rights and keeping you informed.
This glossary breaks down the terms you’re likely to hear in your case and shows why each one matters.
Slaughter & Lupton Law Guide to Personal Injury Terminology
Accident Report
An official record created by police officer after a crash. In Virginia, the standard form is called a FR-300. In North Carolina, the form is called DMV-349.
Why it matters: Insurance companies rely heavily on this report when deciding fault and evaluating your claim. The names, addresses of persons involved in the crash and a description of the officer’s restatement of the facts of the crash are usually included.
Adjuster (Insurance Adjuster)
The insurance company’s representative who evaluates your claim and conveys what the insurance company will offer to pay to settle your claim.
Why it matters: The insurance adjuster’s job is to protect their employer —the insurance company — and save the insurance company money at your expense. We handle adjusters so you don’t have to.
At-Fault Party
The person or entity responsible for causing the accident.
Why it matters: Identifying the correct at-fault party determines who (and which insurance companies) must pay for your injuries. Fault must be established before an insurance company will consider paying damages to an injured claimant.
Burden of Proof
An injured person must prove the other driver was at fault and caused their injuries.
Why it matters: the attorney’s job is to gather the necessary evidence end build a strong case for their client. Our firm takes care of all the legal work so that our clients don’t have to.
Claim
A formal request to an insurance company asking for compensation after an injury.
Why it matters: A strong claim sets the stage for a fair settlement.
Comparative Negligence
A rule that reduces your compensation if you’re partly at fault.
Why it matters: This applies in many states — but not in Virginia or North Carolina!
Contributory Negligence
A strict rule used in Virginia and North Carolina where any amount of fault by the injured person that caused the incident can block recovery.
Why it matters: Even 1% fault can bar compensation — which makes experienced legal help essential.
Last Clear Chance Doctrine
A doctrine that can allow an injured person to recover even if they were partly at fault, if the other party had the clear opportunity to avoid the accident and failed to do so.
Why it matters: This doctrine is often the key to overcoming contributory negligence in North Carolina. The doctrine is more limited in its application in Virginia.
Read more: What happens if I’m partially at fault in a car accident in Virginia or North Carolina?
Compensation (Damages)
The money you can recover for your losses — medical bills, lost income, pain and suffering, scarring, and more.
Why it matters: It’s about recovering a monetary amount to attempt to compensate you for what the crash took from you.
Emotional (“Non-economic”) Damages
Compensation for the non-physical impact of your injuries — including physical pain and mental anguish and inconvenience in Virginia cases and pain and suffering in North Carolina cases.
Why it matters: Your suffering isn’t limited to “special” or “economic” damages. Non-economic damages can significantly exceed the medical bills and lost income. If economic damages are the visible tip of the iceberg of damages, the non-economic damages are the great mass of the iceberg that lies under the water.
Pain and Suffering
Compensation for the physical discomfort and emotional distress caused by your injury.
Why it matters: This often makes up a significant portion of a settlement or verdict in North Carolina cases and in Virginia cases.
Demand Letter
A formal letter sent to the insurance company explaining the nature of the crash, your injuries, treatment, damages, and the amount that you are seeking.
Why it matters: A strong demand letter may lead to a faster settlement before having to take your case to trial.
Declarations Page (“Dec Page”)
A summary page of your auto insurance policy listing your coverage limits and the types of coverage your policy includes.
Why it matters: The total amount of your recovery may depend on the insurance limits shown here, especially in light of recent changes to Virginia and North Carolina law increasing each state’s mandatory minimum coverages and the way the coverages apply to injury claims.
Read more: Know Your Policy: Understanding Your Declarations Page and Auto Insurance Coverage
Liability Coverage
Insurance that pays for someone else’s injuries or property damage when you are at fault.
Why it matters: Virginia and North Carolina require minimum liability limits — and these limits determine how much the insurer must pay.
Uninsured & Underinsured Motorist Coverage (UM/UIM)
Coverage that pays you if the person who hit you has no insurance or not enough.
Why it matters: In many cases, a driver is uninsured (does not have auto liability insurance coverage) or underinsured (does not have enough auto liability coverage). In these situations, your own policy and any auto policies of resident relatives can be utilized to help compensate you for your damages.
Minimum Auto Insurance Limits
The least amount of auto liability and uninsured/underinsured motorist coverages that drivers must have on a vehicle registered (licensed) in Virginia or North Carolina.
As of July 1, 2025 in both Virginia and North Carolina these minimum limits are:
$50,000 per person / $100,000 per accident / $25,000 property damage.
Why it matters: Many drivers only carry the minimum — meaning their insurance may not fully cover your losses.
Stacking (Insurance)
A rule that allows you to combine certain insurance coverages to increase your available compensation.
Why it matters: Now in both Virginia and North Carolina, stacking can increase the payout from your uninsured or underinsured motorist coverage.
Read more: North Carolina’s Updated Auto Insurance Coverage July 1, 2025 Update
414 Medical Expense Rule (North Carolina)
A rule that reduces the amount of medical expenses that a jury can consider to the amount actually paid or owed, not the full amount of the bills.
Why it matters: This rule, championed by “tort reform” advocates, has the effect often of reducing compensation for injured persons with health insurance, particularly pain and suffering damages. A $10,000 bill may count as only $1,000 if insurance negotiated it down — which may reduce an injured person’s recovery. This rule of evidence only applies in cases brought in North Carolina courts, but insurance companies routinely apply it in North Carolina injury claims.
Read more: Medical Expenses in Personal Injury Cases (And what is Rule 414?)
Deposition
Formal, out of court testimony in which a party or witness answers questions from an attorney under oath and recorded by a court reporter.
Why it matters: What a party or witness says in a deposition may be used in evidence in a court proceeding. In North Carolina cases, deposition testimony can be a basis for summary judgment where the judge can take away certain claims from the jury. We prepare each of our litigation clients thoroughly prior to their deposition.
Liability
Legal responsibility for causing an injury.
Why it matters: Establishing liability is the first part of building our client’s case to lead to a maximum recovery for each client.
Litigation
The process between filing suit and final judgment of a case pending in a court.
Why it matters: Insurance companies tend to offer fairer settlements when they know your lawyers are ready to try the case. A lawyer’s ability and willingness to try a case and persuade a trier of fact (judge or jury) is critical to obtaining a maximum recovery—settlement or judgment.
Settlement
A negotiated agreement that resolves your case without going to trial.
Why it matters: A fair settlement results in a monetary recovery and closure of the claims process for an injured client.
Statute of Limitations
The legal deadline for filing your lawsuit.
Why it matters: Missing it will bar any recovery for your claim. Forever. Retaining an experienced attorney as soon as possible protects you.
Wrongful Death
A legal claim brought on behalf of statutory beneficiaries under the Code of Virginia or North Carolina General Statutes when someone’s wrongful conduct causes death or serious injury resulting in death.
Why it matters: Families (Administrator or Executor on behalf of beneficiaries) can pursue compensation for certain damages, including loss of income, any medical expenses, and non-economic damages associated with the loss of the loved one. These damages are set out in the Code of Virginia and North Carolina General Statutes.
