If you’re involved in a personal injury case in Nevada, you may hear legal terms that sound unfamiliar. This glossary breaks down the most common words and phrases you’ll encounter. Our goal is to make it easy to understand your rights and how the legal process works.
Ad Litem
A Latin term meaning “for the lawsuit.” This is a person appointed by the court to act on behalf of someone who cannot represent themselves, such as an injured child or someone mentally incapacitated.
Admissible
Evidence or testimony that is legally allowed in court. For example, medical records may be admissible if they are properly documented.
Affidavit
A written statement made under oath. It’s used as evidence in court and must be signed in front of a notary.
Alternative Dispute Resolution (ADR)
Ways to resolve a legal issue without going to trial. Common types include mediation and arbitration.
Arbitration
A type of ADR where a neutral third party hears both sides and makes a decision. It can be binding (final) or non-binding.
Bad Faith
When an insurance company doesn’t act honestly or fairly in handling a claim. This can lead to a separate bad faith claim against the insurer.
Breach of Duty
When someone fails to act responsibly and causes harm. For example, a driver who runs a red light may breach their duty of care.
Burden of Proof
The burden of proof is the responsibility to prove a claim in court. In personal injury cases, the plaintiff must show that the defendant is more likely than not at fault on a “by a preponderance of the evidence” basis.
Causation
Causation is the link between the defendant’s actions and the plaintiff’s injury. You must prove the other party’s actions directly and proximately caused your harm.
Claim
A claim is a formal request for compensation due to an injury. This can be made with an insurance company or through a lawsuit.
Class Action
A single lawsuit filed on behalf of many people who were harmed in the same way, like a defective product case.
Complaint
The legal document that starts a lawsuit. It states the facts of the case and the damages being sought.
Contingency Fee
A fee arrangement where a lawyer gets paid only if you win your case. A contingency fee is usually a percentage of your settlement or verdict.
Damages
Damages are money awarded in a personal injury case. There are several types.
Compensatory damages compensate for losses. There are two categories. Economic damages compensate for losses with a clear financial value. Non-economic damages compensate for losses that are personal and subjective.
Punitive damages are only awarded by a court with clear, convincing evidence that the defendant acted with oppression, malice, or fraud. They are intended to punish the defendant and serve as a deterrent.
Damages Cap
A limit on how much money you can receive in certain cases. Nevada caps non-economic damages in medical malpractice cases at $350,000. Punitive damages in most cases are capped at $300,000 with compensatory damages under $100,000 or three times the total compensatory damages otherwise.
Defendant
The defendant is the person or entity (like a business or government agency) being sued in a personal injury case.
Deposition
A deposition is a recorded, sworn statement given before trial. Lawyers ask witnesses or parties questions, and their answers may be used in court.
Disclosure
Sharing important documents or information with the other side during a case, such as medical records or expert reports.
Discovery
Discovery is the process by which both sides gather evidence and facts from each other to prepare for trial.
Duty of Care
The legal obligation to act in a safe and reasonable way. For example, drivers owe others a duty to follow traffic laws.
Evidence
Evidence is any proof presented to support or dispute a claim in a legal case. This can include photos, medical records, witness statements, or expert reports. In Nevada personal injury cases, evidence is necessary to prove liability and damages.
Expert Witness
An expert witness is a professional with special knowledge who helps explain complex issues in a case. Examples include physicians and accident reconstruction experts.
Fault
Legal responsibility for causing an injury or damage. Nevada follows a modified comparative fault rule. If you’re more than 50% at fault, you can’t recover damages.
Interrogatories
Written questions that one party sends to another during discovery. These must be answered under oath.
Judgment
The final decision made by a court in a lawsuit. It may include how much money is awarded to the plaintiff.
Liability
Liability is legal responsibility for one’s actions or inaction. A person who causes an accident may be held liable for injuries.
Malpractice
Professional negligence often involving doctors or lawyers. In Nevada, victims of medical malpractice must prove a breach of the standard of care that caused harm.
Maximum Medical Improvement (MMI)
The point at which your condition has stabilized and won’t improve with further treatment. This helps determine your case value.
This term is often used in workers’ compensation cases as temporary benefits are paid until MMI is reached.
Mitigate Damages
To take reasonable steps to reduce the harm or losses after an injury. For example, if you’re hurt in an accident, you should follow your doctor’s advice and not skip medical treatment.
Nevada law expects injured people to try to limit their damages. Failure to mitigate damages could reduce the amount of money you recover.
Motion
A formal request asking the court to make a decision about a part of the case. For example, a motion to dismiss or a motion for summary judgment.
Mediation
A type of alternative dispute resolution (ADR) where a neutral third party helps both sides try to reach a settlement. It’s informal and not binding unless both parties agree.
Negligence
Negligence is the failure to act with reasonable care to avoid injury to others. It’s the most common basis for personal injury lawsuits.
Negotiation
Negotiation is the process through which both sides try to reach an agreement without going to trial. In personal injury cases, this often means the injured person and the insurance company discuss a fair settlement.
Plaintiff
The person who files the lawsuit. In personal injury law, it’s usually the injured person seeking compensation.
Precedent
A legal decision that courts use as a guide in future cases with similar facts.
Reasonable Care
This is the level of caution a normal person would use in the same situation. Failing to do so may be considered negligence. A “reasonable person” standard may be used to consider how a reasonably prudent, careful person would behave in similar circumstances.
Settlement
An agreement reached between the parties to resolve a case without going to trial. Most personal injury cases end in a settlement.
Standard of Care
The level of care a reasonably skilled and competent healthcare provider would provide in a similar situation.
Statute of Limitations
The deadline to file a lawsuit. In Nevada, most personal injury claims must be filed within two years of the accident.
Subpoena
A legal order requiring someone to appear in court or provide documents.
Subrogation
When your insurance company seeks reimbursement from the at-fault party after paying your claim.
Third Party
Someone who is not directly involved in an accident but may still be legally responsible. For example, if you’re hurt at work by a defective machine, the manufacturer (not your employer) could be a third party. You may be able to file a separate personal injury claim against them.
Tort
A wrongful act that causes harm to someone. Personal injury law is based on tort law.
Verdict
The final decision made by a jury in a trial. It states who wins and how much, if anything, is awarded.
Get Help From a Las Vegas Personal Injury Lawyer
If you have been injured in Las Vegas, NV, our team at De Castroverde Accident & Injury Lawyers is here to help. We can walk you through each step of your case and explain every legal term along the way. Contact our Las Vegas personal injury attorneys for a free consultation to learn about your options at (702) 222-9999.
