What Are Damages and Negligence in a Personal Injury Case?

 Posted on April 08, 2025 in Personal Injury

Most people have heard that if you are injured in an accident caused by someone else’s negligence, you could be entitled to compensation for your damages by filing a personal injury claim. That sounds great, but do you know what negligence and damages are? These are two of the key terms used in these claims, and you need to understand their meanings and how they apply to your case.

Our knowledgeable Santa Clara County, CA personal injury lawyer may use these and other common legal terms when discussing your case. If you are unsure what they mean, just ask. We will fight for maximum compensation on your behalf, but we also want you to remain fully informed.

Terms to Know in Personal Injury Cases

Personal injury cases can be complicated, but that does not mean you need to be confused by the legal terms used, such as:

• Damages: This term has two definitions in personal injury cases. It refers to 1) specific losses incurred by your accident and injuries, and 2) the reimbursement and compensation you could obtain for those losses.
• Duty of care: Part of the proof you need to establish negligence is that someone owed you a duty of care. It means a legal duty to use reasonable care to keep others from being harmed.
• Fault: Responsibility for contributing to or causing an accident, whether through negligence or an intentional act.
• Liability: A legal responsibility, such as being liable to pay your damages.
• Negligence: Negligence is the basis for most personal injury claims. It means failing to use the same care that a reasonable person would in the same situation to keep from hurting others.
• Party: This term can refer to a person, a company, a government agency, or an organization.
• Pure contributory negligence: In California, this system allows injured parties to seek compensation from other at-fault parties even if they are 99 percent at fault for causing their own accident.

Damages are further divided into three subcategories. Economic damages refer to your financial losses, like medical bills and lost income. Pain and suffering, PTSD, and similar intangible losses fall under non-economic damages. In rare cases, punitive or exemplary damages may be awarded. Unlike the other two categories that address the victim’s losses, exemplary damages are intended to punish the at-fault party further and keep similar behavior from happening in the future.

Personal injury cases we handle include car, pedestrian, bicycle, and e-scooter accidents. We also represent clients with premises liability claims, such as dog bites, slip-and-fall accidents, and injuries due to negligent security.

Although most personal injury cases require you to prove someone else’s negligence, others may rest on another party’s intentional act. For instance, an assault is an intentional action that can harm the victim.

Understanding these terms does not mean your lawyer will not handle every aspect of your case because we will. You will need to make some decisions as your claim progresses, and you cannot make informed choices if you do not know what these terms mean and how they apply to your case.

Call Our Skilled San Jose, CA Personal Injury Lawyer

If you are injured in an accident, our dedicated Fremont, CA car accident attorney at Fuller Law Firm can help you get the compensation you deserve. We are always available to answer your questions, beginning with your free case review. Schedule yours today by calling 408-234-7563 or messaging us online.