Glossary: Legal Terms You Should Know
Legal paperwork has a way of making a stressful situation worse. Insurance letters, disability decisions, and court documents are full of terms that mean something precise to lawyers and judges but very little to everyone else. This glossary translates the terms our clients ask about most into plain English. Jump to the section that matches your situation, whether that's a personal injury claim, a Social Security Disability application, or a VA disability appeal.
General Legal Terms
These terms come up in many types of legal claims, from a car accident lawsuit to a disability appeal. Knowing them can make the documents you receive easier to understand.
Burden of Proof
The obligation to prove a claim with evidence. In most civil personal injury cases, the injured person must prove the elements of the claim by a "preponderance of the evidence," meaning the evidence shows that the claim is more likely true than not.
Contingency Fee
A fee arrangement commonly used in personal injury cases where the lawyer's fee is based on a percentage of the amount recovered rather than an hourly rate. If there is no recovery, the client generally does not owe an attorney fee, although the fee agreement may address case expenses separately. Social Security disability representatives are subject to separate federal rules governing their fees.
Damages
Money awarded through a judgment or settlement to compensate for legally recognized losses. Economic damages can include medical expenses and lost wages, while non-economic damages can include pain and suffering.
Defendant
The person, company, or entity accused of being legally responsible for the plaintiff's injuries or losses in a lawsuit. In a car accident case, the defendant may be the driver, vehicle owner, employer, or another responsible party. The defendant's insurance company may defend and indemnify the defendant, but the insurer is not necessarily the defendant.
Deposition
Sworn, out-of-court testimony given during a lawsuit. A lawyer asks the witness questions, and a court reporter generally creates a transcript of the testimony. Sworn, out-of-court testimony given during a lawsuit. A lawyer asks the witness questions, and a court reporter generally creates a transcript of the testimony. Our article on what to expect at a motor vehicle accident deposition walks through the process step by step.
Discovery
The formal pretrial process in which parties obtain information and evidence from one another. Depending on the case, discovery can include document requests, interrogatories, requests for admissions, depositions, and other evidence-gathering methods.
Plaintiff
The person or entity who brings a lawsuit. If you are injured and file a personal injury lawsuit against the party you believe is responsible, you are the plaintiff.
Settlement
An agreement between parties to resolve a legal dispute without a trial verdict. In a personal injury case, a settlement typically involves the defendant or insurer paying an agreed amount in exchange for resolving the claim.
Statute of Limitations
The legal deadline for filing a lawsuit. In New York, most personal injury actions based on negligence generally must be commenced within three years of the injury, but different deadlines and notice requirements can apply to particular claims, including claims involving government entities.
Personal Injury and Insurance Terms
New York's insurance system has its own vocabulary and understanding it can help you understand your options after an accident.
Comparative Negligence
New York generally allows an injured person to recover damages even if they were partly responsible for an accident, with the recovery reduced according to their share of fault. However, for personal injury actions subject to New York's no-fault law, a 2026 law change added a modified comparative negligence rule that can bar recovery when the injured person's share of fault is greater than the fault of the person or persons they are suing.
Duty of Care
The legal obligation to act with reasonable care under the circumstances. Drivers generally owe other people on the road a duty to operate their vehicles with reasonable care, while property owners and others may owe different duties depending on the circumstances.
Liability
Legal responsibility for causing harm. In a typical negligence claim, establishing liability generally requires proving that the defendant owed a duty of care, breached that duty, and that the breach caused the plaintiff's injuries or losses.
Lien
A legal claim or right that may allow a person or entity to seek payment from settlement or judgment proceeds. Health insurers, medical providers, and government programs may have reimbursement or subrogation rights related to medical expenses. Any applicable liens or reimbursement claims generally must be addressed before settlement proceeds can be distributed.
Maximum Medical Improvement (MMI)
The point at which a person's medical condition has stabilized, and additional treatment is not expected to result in significant further improvement. Reaching MMI can help in evaluating the long-term effects and value of an injury claim, but there is no universal requirement that a lawyer wait until MMI before pursuing or settling a case.
No-Fault Insurance
New York's no-fault system generally provides first-party benefits for certain medical expenses and lost earnings after a covered motor vehicle accident, regardless of who caused the accident. Motorcycle operators and passengers are generally excluded from New York no-fault benefits, so different rules can apply to motorcycle accident claims.
Notice of Claim
A formal notice that must be served in certain claims against public entities before a lawsuit can be brought. For many claims against New York municipalities and other public corporations, the deadline is generally 90 days after the claim arises, although the specific requirements and deadlines depend on the entity and type of claim.
Premises Liability
The area of law involving injuries caused by dangerous or defective conditions on property. Depending on the circumstances, a property owner or other responsible party may be liable for conditions such as unsafe floors, inadequate security, or other hazards.
Serious Injury Threshold
New York's no-fault law generally requires an injured person to show a "serious injury" before recovering non-economic damages, such as pain and suffering, from the at-fault driver in a covered motor vehicle case. New York law defines serious injury to include specific conditions such as certain fractures, significant disfigurement, permanent limitations, and other listed injuries. A 2026 law change removed the former 90-days-within-180-days category for actions commenced on or after May 26, 2026. Motorcycle operators and passengers are generally excluded from no-fault coverage and are treated differently under the threshold rules.
Supplementary Uninsured/Underinsured Motorist (SUM) Coverage
Additional automobile insurance coverage that can provide compensation when an at-fault driver is uninsured or does not have enough liability coverage to fully compensate an injured person. New York policies generally include SUM coverage unless the insured declines it or selects lower limits, subject to applicable requirements and policy terms.
Wrongful Death
A legal action brought by the personal representative of a person who died because of another party's wrongful act, neglect, or default. In New York, wrongful death damages generally compensate the decedent's distributees for pecuniary losses resulting from the death, such as lost financial support, household services, or other qualifying economic losses. A separate survival action may allow the estate to recover damages belonging to the decedent, such as damages for conscious pain and suffering before death.
Social Security Disability Terms
The Social Security Administration uses a vocabulary all its own. These are the terms that appear most often in applications, denials, and hearings.
Administrative Law Judge (ALJ)
A judge who conducts a Social Security hearing after a claimant has received an unfavorable determination at an earlier stage of the Social Security appeals process. The ALJ reviews the evidence and may question the claimant or hear testimony from medical or vocational experts.
Appeals Council
The body within the Social Security Administration that reviews decisions and dismissals issued at the administrative law judge level. If the Appeals Council denies review or issues an unfavorable decision, a claimant may generally pursue an SSD federal court appeal, subject to applicable requirements and deadlines.
Continuing Disability Review (CDR)
A review the Social Security Administration conducts to determine whether a person who is receiving disability benefits continues to meet the requirements for disability. The timing and frequency of a review can depend on the person's circumstances and the expected duration of their medical improvement. Read more about Continuing Disability Reviews and disability benefits.
Date Last Insured (DLI)
The date through which a person meets the insured-status requirements for Social Security Disability Insurance (SSDI). For an SSDI claim, the established onset of disability generally must be on or before the date last insured.
Listing of Impairments
The Social Security Administration's collection of medical criteria for qualifying conditions for Social Security Disability, commonly called the Blue Book. Meeting the requirements of a listing can establish disability, but a claimant may also qualify without meeting a listing if their impairments prevent them from performing substantial gainful activity under SSA's rules.
Onset Date
The date a disability is determined to have begun. The established onset date can affect eligibility, the period considered for benefits, and the amount of past-due benefits in some cases.
Residual Functional Capacity (RFC)
An assessment of what a person can still do despite their medically determinable impairments. It can address abilities such as sitting, standing, walking, lifting, carrying, understanding instructions, and maintaining concentration. RFC is used when determining whether a claimant can perform past relevant work or other work under the applicable disability rules.
SSDI and SSI
Social Security Disability Insurance (SSDI) is a disability benefit generally based on a person's work history and insured status. Supplemental Security Income (SSI) is a needs-based program for people with limited income and resources who meet the program's disability or blindness requirements. Some people may qualify for both programs. Social Security Disability Insurance (SSDI) is a disability benefit generally based on a person's work history and insured status; it is one of several types of Social Security Disability benefits. Supplemental Security Income is a needs-based program for people with limited income and resources who meet the program's disability or blindness requirements; see our page on SSI benefits. Some people may qualify for both programs.
Substantial Gainful Activity (SGA)
A level of work activity and earnings the Social Security Administration uses as part of determining whether a person is disabled under its rules. The applicable SGA amount can change from year to year and is different for people who are blind. Earning above the applicable SGA level does not necessarily resolve every disability issue in every situation, but it can affect whether a claimant is considered disabled.
Veterans Disability Terms
Veterans face a separate benefits system with its own terminology. These are some of the terms that matter most in VA disability claims and appeals.
Aggravated Service Connection
A basis for VA disability benefits when a condition that existed before military service was made worse by qualifying military service. VA applies specific rules for determining whether a preexisting condition increased in severity during service and, in some circumstances, whether that increase was beyond the condition's natural progression.
Board of Veterans' Appeals (BVA)
The Board within the Department of Veterans Affairs that reviews appeals of VA decisions. A claimant can generally seek Board review after pursuing the applicable review option following an unfavorable VA decision.
Compensation and Pension (C&P) Exam
A VA claim examination used to gather medical information relevant to a disability claim. A C&P exam may help VA determine whether a condition is related to service and, if service connection is established, how severe the condition is for rating purposes. Not every claimant needs an examination.
Disability Rating
A percentage assigned by VA based on the severity of a service-connected disability. The rating helps determine the amount of disability compensation and may affect eligibility for certain other VA benefits. When a veteran has multiple service-connected disabilities, VA uses a combined-rating method rather than simply adding the individual percentages together. You can estimate your combined rating with our VA disability benefits calculator.
Nexus Letter
A medical opinion addressing the connection between a veteran's current disability and military service. A well-supported medical opinion can provide important evidence in a service-connection claim, although a nexus letter is not required in every VA claim.
Presumptive Condition
A condition for which VA regulations or federal law allow certain qualifying veterans to receive a presumption that the condition is related to service. When the applicable requirements are met, the veteran generally does not have to provide the same level of evidence establishing a direct connection between the condition and service.
Service Connection
The legal basis for recognizing a disability as related to a veteran's military service. Depending on the circumstances, service connection may be established for a condition that began during service, was aggravated by service, or developed after service but is linked to qualifying service.
Total Disability Based on Individual Unemployability (TDIU)
A VA benefit that can allow a veteran to receive compensation at the 100 percent rate when service-connected disabilities prevent the veteran from securing or following substantially gainful employment, even though the veteran's combined disability rating is less than 100 percent. Eligibility depends on the veteran's disabilities, employment circumstances, and applicable VA requirements.
Still Have Questions? Hiller Comerford Can Help
Definitions only take you so far. What these terms mean for your specific claim depends on the facts of your case, and that's a conversation worth having with a professional rather than a search engine. Reach out for a free consultation and we'll explain where you stand in language that actually makes sense.