In personal injury law, damages refer to the monetary compensation awarded to a party who has been harmed through the wrongful conduct of another. Damages aim to restore the injured party to the position they would have been in if the harm had not occurred and may encompass medical expenses, lost wages, and compensation for pain and suffering.

A damages cap is a legal limit placed on the amount of money that can be awarded to a plaintiff in a lawsuit. Specifics can vary widely by jurisdiction, with some areas imposing caps on certain types of damages, like punitive or non-economic damages, especially in personal injury cases.

The dangerous instrumentality doctrine pertains to the legal principle holding an owner of a dangerous tool or instrument responsible for any injuries caused by that object, even if they were not using it at the time of the accident. This doctrine is often invoked in auto accident cases where the vehicle is deemed the dangerous instrumentality.

De Novo, a Latin term translating to "anew" or "afresh," refers to a trial court’s decision being reviewed by a higher court, which will examine the case as if it were being considered for the first time. This procedure does not give deference to the lower court's findings, offering a fresh perspective on the legal issues presented.

A declaratory judgment is a type of decision issued by a court to clarify and officially establish the legal rights and obligations of parties in a civil dispute. It does not entail awarding damages or ordering a party to take specific action but serves to resolve legal uncertainties.

Defamation involves making a false statement about someone that harms their reputation. In a personal injury context, a plaintiff would need to demonstrate that a defamatory statement was made, it was shared with a third party, and that it caused harm to their reputation to establish a viable claim.

A default judgment is a ruling granted by a court in favor of the plaintiff when the defendant fails to respond to a lawsuit or does not appear in court. In personal injury cases, a default judgment awards the plaintiff damages as they were unchallenged by the absent defendant.

Defective medication refers to a drug that, despite being used as intended, causes harm to a user due to being improperly formulated, manufactured, or marketed. In personal injury law, affected individuals may pursue claims against manufacturers, distributors, or sellers of the defective medication to seek compensation for any resultant harm.

In personal injury terms, a defective product is an item that causes harm or injury due to an inherent flaw in its design, manufacturing process, or labeling. Consumers harmed by defective products may pursue compensation through product liability claims.

The defendant is the individual, company, or entity being accused or sued in a court of law. In personal injury cases, the defendant is the party alleged to have caused harm or injury to the plaintiff, whether through negligence, recklessness, or intentional action.

A defendant's answer is a formal legal document in which the defendant responds to the allegations and claims made by the plaintiff in a lawsuit. In a personal injury case, the defendant’s answer often includes defenses or counterclaims against the assertions of the injured party.

A defense attorney represents the defendant in a legal matter, advocating on their behalf and defending their interests. In personal injury litigation, the defense attorney seeks to challenge or mitigate the claims of the plaintiff and shield the defendant from liability.

A demand letter is a formal document typically sent by an injured party to the person or entity responsible for their injuries, outlining the facts of the incident, the injuries sustained, and a request for compensation. It often serves as a precursor to formal legal action in personal injury disputes.

A dependent refers to a person who relies on another, especially a family member, for financial support. In personal injury law, dependents of an individual harmed due to another’s negligence might be entitled to recover damages, particularly in wrongful death cases.

A deposition involves a witness, often a party in a personal injury case, providing sworn out-of-court testimony which is recorded and transcribed. Attorneys from both sides can ask questions, and the testimony may be used to gather information or be presented during the trial as evidence.

Derivative action involves a lawsuit brought by a shareholder on behalf of a corporation against a third party, often the corporation’s executives or directors. It's termed "derivative" because the cause of action is derived from the corporation’s legal rights.

A derivative claim is brought forward by an individual or entity on behalf of another entity in which they have a stake, seeking to recover damages for harms caused to the latter entity. In a personal injury context, it may refer to a claim made by a family member or dependent deriving from an injury to a loved one.

Direct evidence in personal injury law substantiates a fact without requiring additional inference. For instance, a witness statement describing seeing a defendant hit the plaintiff with a vehicle is direct evidence of the incident, providing straightforward proof without necessitating further deduction.

In a personal injury context, disability refers to a long-term or permanent reduction in function or ability resulting from an injury. Disabilities may pertain to physical or cognitive abilities and can drastically impact an individual's capacity to engage in regular activities or work.

Disclosure entails the revelation or sharing of pertinent information during legal proceedings. In personal injury cases, both parties are generally required to disclose relevant facts, evidence, and witness information to each other during the discovery process to promote a fair trial.

Discovery is a pre-trial phase in a lawsuit where both parties obtain evidence from the opposing party by way of evidence gathering tools such as a request for answers to interrogatories, request for production of documents, request for admissions and depositions.

Disfigurement refers to lasting and visible damage to a person’s appearance, often resulting from an injury or accident. Personal injury claims may seek compensation for disfigurement, accounting for the physical and emotional toll it exacts on an affected individual.

Distracted driving pertains to the act of driving while engaged in other activities that divert attention from the primary task of operating the vehicle. In personal injury law, victims of accidents caused by distracted driving may seek compensation from the at-fault party.

Double jeopardy is a legal principle prohibiting an individual from being tried twice for the same offense in the same jurisdiction, providing a safeguard against multiple prosecutions for the same conduct.

Driving under the influence (DUI) refers to operating a vehicle while impaired by alcohol or drugs, including prescription medication. DUI is unlawful and victims of accidents caused by intoxicated drivers can seek compensation for injuries sustained in a personal injury claim.

Due process of law constitutes a constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property.

Duty of care in personal injury law defines the obligation one party owes to another to act with reasonable care and caution to prevent harm. Breaching this duty, resulting in injury, may form the basis of a negligence claim, wherein the injured party seeks compensation for damages incurred.

The duty to mitigate refers to an injured party’s legal obligation to take reasonable steps to minimize the consequences and costs of their injuries. In personal injury cases, failing to adhere to this duty, such as neglecting medical advice, may impact the amount of damages recoverable.