Glossary

An authorized treating physician is the doctor approved by an employer’s workers’ compensation insurance carrier to treat an injured worker. Under Florida law, injured workers generally must see an authorized treating physician for their claim-related care, and switching doctors without approval can jeopardize their benefits.

Bad faith insurance practices occur when an insurer unreasonably denies, delays, or underpays a valid claim. Florida law allows policyholders to pursue additional legal action against an insurer that acts in bad faith when handling a claim.

The burden of proof is the responsibility to prove the facts of a case. In a personal injury claim, the burden of proof falls on the plaintiff, who must show it is “more likely than not” that the defendant’s negligence caused their injuries. This is much less strict than the burden of proof for criminal cases, in which the prosecution must prove the defendant is guilty “beyond a reasonable doubt.”

A catastrophic injury is a severe, often life-altering injury that results in long-term or permanent disability, such as a traumatic brain injury, spinal cord injury, or amputation. These cases typically involve significant future medical costs and lost earning capacity, requiring a thorough evaluation of long-term needs

Comparative negligence is a rule that determines whether someone is able to recover compensation, even if they contributed to their accident or injuries. Pure comparative negligence and modified comparative negligence are two common types of negligence rules.

Contingency refers to how many personal injury attorneys structure their fees. Under a contingency fee arrangement, you pay nothing upfront, and your attorney only gets paid a percentage of your settlement or award if your case is successful.

Damages are the money awarded to someone injured by another person. There are three types of damages available to people injured in Florida: economic, non-economic, and punitive.

Economic (or special) damages typically involve costs that have receipts or invoices, such as medical bills, lost wages, lost earning capacity, or property damage.

Non-economic (or general) damages are less straightforward to establish and involve the emotional impact of an injury, such as pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium.

Punitive damages are awarded to punish a defendant for their actions, not to compensate a plaintiff.

A defendant is the person being sued for compensation

A deposition is sworn testimony given outside of court, typically in response to questioning from the opposing party’s attorney. Depositions allow both sides to gather information from witnesses and parties involved in the case before trial.

Discovery is the pre-trial phase of a lawsuit during which both sides exchange evidence, documents, and information related to the case. This process helps both the plaintiff and defendant build their arguments before a case goes to trial.

A duty of care is a legal obligation to act with a reasonable level of caution to avoid causing harm to others. Drivers, property owners, and dog owners all owe a duty of care to the people around them, and failing to uphold that duty can lead to liability if someone gets hurt.

Florida’s 14-day rule requires accident victims to seek medical care within 14 days of a crash to qualify for PIP benefits. If you wait longer than 14 days to see a doctor, your insurer may deny your claim, so it’s important to get checked out right away, even if you feel fine at first.

If a worker has reached Maximum Medical Improvement (MMI) with lingering limitations, they will receive a permanent impairment rating and receive benefits based on that.

An independent medical examination is an evaluation performed by a doctor chosen by the insurance company, rather than the worker’s treating physician, to assess the extent of a work injury. Insurers often use IMEs to challenge the findings of a worker’s own doctor and reduce the benefits owed.

An insurance adjuster is the person assigned by an insurance company to investigate a claim, evaluate the damages, and determine how much, if anything, the insurer will offer to pay. While an adjuster may seem helpful, their job is to protect the insurance company’s bottom line, not to secure the full compensation you deserve

An invitee is a person who enters a property with the owner’s permission for a purpose connected to the owner’s business, such as a customer in a store. Property owners owe invitees the highest duty of care under premises liability law, including a duty to warn of hidden hazards.

Liability coverage is a type of auto insurance that pays for the other driver’s injuries and property damage when you are found at fault for causing an accident. Florida requires drivers to carry a minimum amount of liability coverage; however, Florida law only requires property damage liability, not bodily injury liability. This means many policies won’t cover the full cost of a serious crash.

A licensee is a person who enters a property with the owner’s permission for their own purpose, such as a social guest. Property owners owe licensees a lower duty of care than invitees, generally limited to warning them of known dangers.

Maximum medical improvement (MMI) is the point at which your condition has stabilized, and further treatment is unlikely to improve your recovery. We recommend that you wait until you have reached MMI before accepting a settlement, as your medical needs and ability to work may change. Accepting a settlement too early could risk you leaving thousands of dollars on the table.

Modified comparative negligence is a rule that allows people who contributed to their accident or injuries to recover compensation. Florida follows a 51%-bar rule, which means that people can recover compensation as long as they are not more than 50% responsible for the accident.

Negligence occurs when a person or entity fails to exercise the level of care a reasonable person would under similar circumstances, resulting in injury to another person. To recover compensation in a personal injury case, you generally must prove that the defendant’s negligence directly caused your injuries and losses

Most states are either fault states or no-fault states. In a no-fault state, drivers must turn to their own auto insurance policy for compensation after an accident, regardless of who caused the crash. Florida is a no-fault state, so most car accident victims will first file a claim with their own Personal Injury Protection coverage before pursuing a claim against the at-fault driver.

Many states follow what is called a “one-bite rule” for dog bites, which allows an owner to avoid liability for a first bite unless the victim can prove the owner knew the dog had violent tendencies. Florida does not follow this rule; instead, under Florida law, dog owners can be held responsible for a bite even if their dog has never bitten anyone before.

Pain and suffering is a type of non-economic damage that compensates you for the physical pain and emotional distress caused by your injury. Unlike medical bills or lost wages, pain and suffering doesn’t come with a receipt, so your attorney will rely on evidence like medical records, testimony, and the impact on your daily life to help determine a fair value.

Workers can receive benefits if they have reached Maximum Medical Improvement and are permanently unable to work.

Personal injury refers to harm caused to a person’s body, mind, or emotions, typically as the result of another party’s negligence or wrongdoing. Personal injury law allows victims to pursue compensation from the at-fault party for their losses, including medical expenses, lost wages, and pain and suffering. Common types of personal injury cases include car accidents, truck accidents, dog bites, and premises liability claims.

Personal Injury Protection (PIP) coverage is a type of auto insurance required in Florida that helps cover a portion of your medical expenses and lost wages after a car accident, regardless of who caused the crash. PIP typically covers up to 80% of medical costs and 60% of lost wages, up to your policy limit.

A plaintiff is the person who files a personal injury lawsuit.

Premises liability is an area of law that holds property owners responsible for injuries that occur on their property due to unsafe or hazardous conditions. To bring a successful premises liability claim, you generally must show that the property owner knew, or should have known, about the hazard and failed to fix it or warn visitors.

A provocation defense is an argument used by a dog owner claiming that the victim provoked the dog into biting, which can reduce or eliminate the owner’s liability. Florida law allows this defense, though the burden falls on the owner to prove the victim’s actions caused the attack.

This rule allows someone to recover compensation as long as they were not entirely at fault for their accident. Florida was a pure comparative negligence state until 2023.

A recorded statement is an official account of the accident that an insurance company may ask you to provide over the phone. Insurers often use recorded statements to look for inconsistencies or admissions that can be used to reduce or deny your claim, so it’s best to speak with an attorney before agreeing to give one

A settlement is an agreement reached between an injured party and the at-fault party (or their insurer) to resolve a claim without going to trial. Most personal injury cases are resolved through settlement, allowing victims to recover compensation faster and with less uncertainty than a courtroom trial.

The statute of limitations limits how long someone has to file a personal injury lawsuit. In Florida, the statute of limitations to file an injury suit is typically two years. If you fail to file before the two years are up, the court will likely reject your case and you may end up with nothing.

Temporary partial disability benefits provide partial wage replacement to an injured worker who can perform some work duties, but earns less than they did before their injury due to restrictions from a doctor.

Temporary total disability benefits provide partial wage replacement to an injured worker who is completely unable to work during their recovery. These benefits typically continue until the worker reaches maximum medical improvement or returns to work.

A trespasser is a person who enters someone else’s property without permission or legal right to be there. Property owners generally owe trespassers a lower duty of care than invitees or licensees, though they can still be held liable in certain situations, such as intentionally injuring a potential trespasser or maintaining an attractive nuisance that draws in children.

Uninsured motorist coverage is an optional part of your auto insurance policy that protects you if you’re hit by a driver who carries little or no insurance. This coverage can help fill the gap left behind when the at-fault driver can’t pay for your losses. Florida law requires insurers to offer this coverage on every policy. It also requires policyholders to reject the coverage in writing.

Vicarious liability is a legal principle that holds one party responsible for the negligent actions of another, even if they weren’t directly involved in causing the harm. This often comes into play in truck accident cases, where a trucking company may be held liable for a driver’s negligence

Workers’ compensation is a type of insurance that provides benefits to employees who suffer job-related injuries or illnesses, regardless of who caused the accident. In exchange for these no-fault benefits, employees generally give up their right to sue their employer directly, though exceptions may apply in cases of gross negligence

Wrongful death is a legal claim brought by the surviving family members of someone who died due to another party’s negligence or wrongdoing. Unlike a typical personal injury claim, a wrongful death case allows loved ones to recover compensation for losses like funeral expenses, lost financial support, and loss of companionship.