DC, Maryland & Virginia Personal Injury Glossary

Where a term is governed by a specific statute, the citation is included so you can look it up. Each entry points to the chapter of The DC, Maryland & Virginia Injury Guide that covers it in more depth.

A

Accrual

The moment a claim comes into existence and the statute of limitations starts to run. For most injury claims, that is the date of the crash or fall. See Deadlines and the Timeline of a DMV Injury Case.

Actual malice

The standard Maryland requires for punitive damages in a non-intentional tort case: evil motive, intent to injure, ill will, or fraud, proved by clear and convincing evidence. Owens-Illinois, Inc. v. Zenobia, 325 Md. 420 (1992).

Adjuster

The insurance company employee who investigates, values, and negotiates a claim. An adjuster works for the insurer, even when the insurer is your own. See Dealing With Insurance Adjusters.

Administrative claim

A written claim that must be presented to a government agency before you can sue it. Under the Federal Tort Claims Act, the claim goes to the federal agency involved within two years (28 U.S.C. § 2401(b)).

Assumption of the risk

A defense that the injured person knew of a specific danger and voluntarily chose to encounter it. Like contributory negligence, it can bar recovery entirely, so insurers raise it often in falls and recreational injuries.

B

Bad faith

An insurer's unjustified failure to handle a claim fairly. Maryland lets insureds recover damages, fees, and interest when their own property or casualty insurer fails to act in good faith (Md. Code, Cts. & Jud. Proc. § 3-1701), and Virginia provides double damages in certain auto claims (Va. Code § 8.01-66.1).

Bodily injury liability coverage

The part of an auto policy that pays for injuries the policyholder causes to others. It is the coverage you claim against when another driver hurts you.

Burden of proof

The obligation to prove a fact. In most injury cases the injured person must prove the claim by a preponderance of the evidence, meaning more likely than not. Punitive damages require the higher clear and convincing standard.

C

Circuit court

The main trial court for larger civil cases in Maryland and Virginia, such as the Circuit Court for Montgomery County or the Fairfax County Circuit Court. In D.C., the equivalent is the Superior Court of the District of Columbia.

Clear and convincing evidence

A higher standard of proof than "more likely than not," required for punitive damages in Maryland and D.C.

Collateral source rule

The rule that the at-fault party gets no credit for benefits you receive from an independent source, such as health insurance. It applies in all three jurisdictions. See What Your Case Is Worth.

Comparative negligence

The rule in most states that reduces an injured person's award by their percentage of fault. D.C., Maryland, and Virginia generally do not follow it; they use contributory negligence instead, with D.C.'s exception for pedestrians and vulnerable users.

Conditional payment

A payment Medicare makes for crash-related care when another payer is responsible, on the condition that Medicare is repaid from any recovery (42 U.S.C. § 1395y(b)(2)).

Consent to settle

Your UM or UIM insurer's permission before you accept the at-fault driver's limits. In Maryland, you must send the written offer to your UM insurer by certified mail, and the insurer has 60 days to consent or refuse (Md. Code, Ins. § 19-511).

Contingency fee

A fee paid as a percentage of the recovery, so the client owes no attorney's fee unless there is a recovery. The terms are set in a written agreement.

Contributory negligence

The rule, followed in D.C., Maryland, and Virginia, that an injured person whose own negligence contributed to the injury generally cannot recover anything. It decides more DMV cases than any other doctrine. See Contributory Negligence.

D

Damages

The money a court awards to compensate for an injury. Damages are economic, noneconomic, or (rarely) punitive.

Declarations page

The summary page of an insurance policy listing the covered people, vehicles, coverages, and limits. It is the first document we ask for in every case.

Defendant

The person or entity being sued. In a crash case, usually the at-fault driver and sometimes the driver's employer or the vehicle's owner.

Demand

A written settlement proposal to an insurer, usually with medical records, bills, wage records, and an explanation of liability and damages.

Deposition

Sworn testimony given out of court in answer to a lawyer's questions, recorded by a court reporter and sometimes on video.

Discovery

The pretrial phase in which each side obtains documents, written answers, and depositions from the other.

E

Economic damages

Losses with a dollar figure attached: medical expenses, lost wages, lost earning capacity, and out-of-pocket costs. Maryland's damages cap does not apply to them.

Enhanced underinsured motorist coverage

Maryland coverage that pays up to its full limit on top of what the at-fault driver's insurer paid, without the usual reduction. Insurers must provide it on new private passenger policies issued on or after July 1, 2024, unless it is waived in writing (Md. Code, Ins. § 19-509.1).

ERISA

The federal Employee Retirement Income Security Act, which governs many employer health plans. A self-funded ERISA plan's written terms usually control its right to be repaid from an injury recovery. See Medical Bills, Health Insurance, and Liens.

Event data recorder

The "black box" in most modern vehicles that records speed, braking, and other data in the seconds around a crash. The data can be lost if the vehicle is repaired or scrapped.

F

Federal Tort Claims Act (FTCA)

The federal law that lets people sue the United States for injuries caused by federal employees acting within the scope of their jobs. It requires an administrative claim within two years, allows no punitive damages, and is tried to a judge (28 U.S.C. §§ 2401(b), 2402, 2674). See Federal Tort Claims Act claims.

First-party claim

A claim against your own insurer under your own policy, such as PIP, MedPay, collision, or UM/UIM.

G

Governmental function

An activity directly related to the general health, safety, and welfare of citizens. Virginia cities and towns are immune from negligence claims arising from governmental functions. Gambrell v. City of Norfolk, 267 Va. 353 (2004). WMATA is likewise not liable for torts in the performance of a governmental function (WMATA Compact § 80).

I

Independent medical examination

An examination by a doctor chosen by the defense or the insurer. Despite the name, the doctor is hired by the other side.

J

John Doe claim

A lawsuit against an unknown at-fault driver, filed to reach your own uninsured motorist coverage after a hit-and-run. Virginia allows the action to be brought against "John Doe" with service on your insurer (Va. Code § 38.2-2206(E)).

Joint and several liability

A rule that lets an injured person collect the full judgment from any one of several defendants responsible for the same injury, leaving them to sort out shares among themselves.

L

Last clear chance

A doctrine that softens contributory negligence: even if the injured person was negligent, the defendant may still be liable if the defendant had the last clear opportunity to avoid the harm and failed to take it. D.C.'s vulnerable user statute expressly preserves it (D.C. Code § 50-2204.52(b)).

Letter of protection

A letter promising a medical provider payment from the eventual recovery, so treatment can continue without upfront payment.

LGTCA

Maryland's Local Government Tort Claims Act. It requires written notice of a claim against a county, city, or other local government within one year, sent to a specific official, and caps liability at $400,000 per individual claim and $800,000 per occurrence (Md. Code, Cts. & Jud. Proc. §§ 5-303, 5-304). See Government, Metro, and Public Property.

Liability

Legal responsibility for an injury. "Liability is clear" means fault is not seriously disputed.

Lien

A legal claim against your recovery by someone who paid for or provided your care, such as Medicare, Medicaid, a health plan, or a hospital.

Loss of consortium

A spouse's claim for the loss of companionship, affection, and services caused by the other spouse's injury. In Maryland it falls under the same noneconomic damages cap as the injured spouse's claim.

M

MAIF

The Maryland Automobile Insurance Fund. It insures drivers who cannot get coverage elsewhere and handles certain claims by qualified people injured by uninsured or unidentified drivers when no other insurance applies (Md. Code, Ins. § 20-601).

Maximum medical improvement

The point at which your condition has stabilized and further improvement is not expected. Claims are usually valued at or near this point.

Mediation

A confidential settlement negotiation led by a neutral mediator, often a retired judge. The mediator cannot force a result.

MedPay

Optional medical expense coverage on an auto policy. In Virginia, insurers must provide medical expense benefits on request, $2,000 per person unless another limit is agreed, plus optional income loss benefits (Va. Code § 38.2-2201).

Medicare Secondary Payer Act

The federal law making Medicare secondary to liability and no-fault insurance and requiring Medicare to be repaid from injury recoveries, with double damages available for failures to repay (42 U.S.C. § 1395y(b)).

MTCA

The Maryland Tort Claims Act. It waives the State's immunity up to $400,000 per claimant per incident and requires a written claim to the State Treasurer within one year (Md. Code, State Gov't §§ 12-104, 12-106).

N

Negligence

Failing to use the care a reasonably careful person would use in the same situation. Most injury claims are negligence claims.

Noneconomic damages

Compensation for pain, suffering, inconvenience, physical impairment, disfigurement, and loss of enjoyment of life.

Noneconomic damages cap

A limit on noneconomic damages. Maryland's cap is $980,000 for causes of action arising October 1, 2026 through September 30, 2027 (Md. Code, Cts. & Jud. Proc. § 11-108). D.C. and Virginia have no general cap in ordinary injury cases.

Nonsuit

A Virginia plaintiff's right to voluntarily dismiss a case once, as a matter of right, and refile within six months or the original limitations period, whichever is longer (Va. Code §§ 8.01-380, 8.01-229(E)(3)).

Notice of claim

A written notice that must be given to a government before suing it, often within months of the injury. Examples include the D.C. § 12-309 notice, Maryland's LGTCA notice, and Virginia's § 15.2-209 statement.

P

Personal injury protection (PIP)

No-fault auto coverage for medical bills and lost income. Maryland PIP is required unless waived and pays at least $2,500 per person (Md. Code, Ins. § 19-505). D.C. PIP is optional and pays at least $50,000 in medical benefits when purchased (D.C. Code § 31-2404). See Using Your Own Insurance.

Personal representative

The person appointed to manage a deceased person's estate. In D.C. and Virginia, the personal representative brings the wrongful death action.

PIP election (D.C.)

The choice a D.C. PIP policyholder must make within 60 days of a crash. Electing PIP benefits limits the right to sue the at-fault driver unless the injury meets a statutory threshold (D.C. Code § 31-2405).

PIP waiver (Maryland)

A written waiver of Maryland PIP signed by the first named insured on the Commissioner's form. It binds named insureds, listed drivers, and household family members 16 or older (Md. Code, Ins. § 19-506).

Plaintiff

The person who files the lawsuit.

Premises liability

A property owner's or occupant's responsibility for injuries caused by unsafe conditions, such as a wet floor or a broken stair. See premises liability claims.

Proprietary function

An activity a government performs primarily for its own benefit, or routine maintenance of a municipal service. Virginia cities and towns, and WMATA, can be liable for negligence in proprietary functions.

Punitive damages

Damages meant to punish especially bad conduct. Virginia caps them at $350,000 in total (Va. Code § 8.01-38.1). They are not available against the United States under the FTCA or against Maryland local governments.

R

Recorded statement

An adjuster's recorded interview of a claimant. You are not required to give one to the at-fault driver's insurer.

Release

A signed document that ends claims in exchange for payment. A general release ends every claim from the incident, including ones not yet known.

S

Section 12-309 notice

The written notice to the Mayor required within six months before suing the District of Columbia for an injury, stating the approximate time, place, cause, and circumstances (D.C. Code § 12-309). See suing the District of Columbia.

Settlement

An agreement resolving a claim without a trial, usually in exchange for a payment and a release.

Sovereign immunity

A government's protection from being sued unless it has consented. Statutes such as the FTCA, the MTCA, and the VTCA waive immunity in part, with conditions and caps.

Spoliation

The destruction or loss of evidence. In Virginia, a court that finds a party acted recklessly or intentionally may presume the lost evidence was unfavorable, instruct the jury accordingly, or dismiss the case (Va. Code § 8.01-379.2:1).

Standard Form 95

The federal form commonly used to present an FTCA claim. A claim must include a demand for a sum certain to count as presented (28 C.F.R. § 14.2).

Statute of limitations

The deadline to file a lawsuit: generally three years in D.C. and Maryland and two years in Virginia for personal injury.

Subrogation

An insurer's right to step into your shoes and recover what it paid from the party at fault. Maryland PIP insurers have no subrogation right (Md. Code, Ins. § 19-507(d)), and Virginia bars subrogation provisions in insured health plans (Va. Code § 38.2-3405).

Survival action

A claim for the losses the deceased person suffered before death, such as medical bills and pain, brought by the estate. It is separate from the family's wrongful death claim.

T

Tolling

Pausing a deadline. For example, the ordinary injury deadline is tolled while the injured person is a minor in all three jurisdictions.

Tortfeasor

The person or entity whose wrongful conduct caused the injury.

U

Underinsured motorist (UIM) coverage

Coverage on your own policy that pays when the at-fault driver's insurance is too small. In Virginia, for policies issued or renewed on or after July 1, 2023, it pays without a credit for the at-fault driver's liability coverage unless a named insured elected otherwise (Va. Code § 38.2-2206). It is optional in D.C.

Uninsured motorist (UM) coverage

Coverage on your own policy that pays when the at-fault driver has no insurance or cannot be identified. D.C. requires at least $25,000 per person and $50,000 per accident (D.C. Code § 31-2406(f)).

UM/UIM

Shorthand for uninsured and underinsured motorist coverage together. See UM/UIM claims.

V

Vulnerable user

Under D.C. law, a person using a bicycle, motorcycle, scooter, skateboard, electric mobility device, or similar device. In a collision with a motor vehicle or another vulnerable user, a pedestrian's or vulnerable user's negligence does not bar recovery unless it was a proximate cause and greater than the combined negligence of all defendants (D.C. Code §§ 50-2204.51, 50-2204.52).

VTCA

The Virginia Tort Claims Act. It makes the Commonwealth liable for its employees' negligence up to the greater of $100,000 or its insurance limits, with no punitive damages, and requires a notice of claim within one year (Va. Code §§ 8.01-195.3, 8.01-195.6).

W

WMATA Compact

The interstate agreement among D.C., Maryland, and Virginia that created the Washington Metropolitan Area Transit Authority. Section 80 makes WMATA liable for torts in its proprietary functions but not its governmental functions (D.C. Code § 9-1107.01; Va. Code § 33.2-3100). See WMATA and Metro injuries.

Wrongful death

A claim by or for the family of a person killed by another's wrongful conduct. It must be filed within two years of the death in D.C. and Virginia and three years in Maryland. See wrongful death claims.

Key points

• Contributory negligence, last clear chance, and D.C.'s vulnerable user rule are the terms that most often decide DMV cases.
• PIP, MedPay, and UM/UIM mean different things in each jurisdiction; check which one your policy and your crash involve.
• Government claims come with their own vocabulary: § 12-309 notice, LGTCA, MTCA, VTCA, FTCA, and Standard Form 95.

• Previous chapter: Social Media and Other Mistakes That Hurt Your Case
• Back to the start: The DC, Maryland & Virginia Injury Guide

Related practice areas

Related reading

• Contributory negligence in D.C., Maryland, and Virginia
• D.C.'s last clear chance doctrine
• D.C.'s vulnerable user law for scooter and motorcycle riders
• What is uninsured motorist coverage?
• Contributory Negligence: The Rule That Decides Most DMV Cases

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.