Kentucky Personal Injury Glossary

Reviewed by Larry Forman, Attorney Insurance letters and court papers use words most people never hear until they’re hurt. This Kentucky personal injury glossary explains the terms that come up most often after a crash, fall or other injury, in plain English, with links to our longer guides. Definitions are general; how a term applies in your case depends on the facts.

Jump to: A–C · D–I · L–N · P–R · S–W

How to use this Kentucky personal injury glossary

Terms are grouped alphabetically. Where Kentucky has a statute that defines or controls the term, we cite it so you can read the law yourself. If a word in a letter from an insurer isn’t here, write it down and ask your lawyer what it means before you sign anything.  

A–C

Adjuster. The insurance company employee who investigates and values a claim. An adjuster works for the insurer, even when friendly. See insurance adjuster tactics. Basic reparation benefits (BRB). The statute’s name for no-fault benefits. Most people call them PIP. See Personal injury protection. Burden of proof. The duty to prove a claim. In most civil injury cases, the injured person must prove each element “by a preponderance of the evidence,” meaning more likely than not. Punitive damages require more (see Punitive damages). Case costs. Out-of-pocket expenses of a case, such as medical record fees, filing fees, deposition transcripts and the cost of outside witnesses. They’re different from the attorney’s fee. A written fee agreement should say how costs are handled. Certificate of merit. A sworn statement filed with a medical malpractice complaint, or with a claim that a long-term-care facility failed to provide proper care, saying the claimant consulted at least one qualified medical reviewer and there’s a reasonable basis to sue (KRS 411.167). See our medical malpractice page. Comparative fault. Kentucky’s rule for sharing blame. A jury assigns each party a percentage of fault, and an injured person’s recovery is reduced by their own share, but not barred (KRS 411.182). See how Kentucky’s pure comparative fault works. Complaint. The document that starts a lawsuit. It names the parties and states the claims. The defendant is served with the complaint and a summons, and files an answer. Contingency fee. A fee paid only if money is recovered, usually a percentage of the recovery. Kentucky requires a contingency fee agreement to be in writing, signed by the client, and to explain how expenses are handled (SCR 3.130(1.5)(c)). See what a 30% contingency fee actually means.  

D–I

Damages. The money awarded for a loss. Economic damages cover measurable losses like medical bills and lost wages. Non-economic damages cover pain, suffering, mental anguish and loss of enjoyment of life. See what a Kentucky injury case is worth. Demand letter. A letter to the insurer that lays out the facts, injuries and damages and asks for a specific amount to settle. It usually goes out after treatment ends or the long-term picture is clear. Deposition. Sworn testimony given out of court, answered in front of a court reporter, with lawyers for both sides asking questions. Injured people, drivers, witnesses and doctors may be deposed. The transcript can be used at trial. Discovery. The stage of a lawsuit when each side must share information: written questions (interrogatories), document requests and depositions. Dram shop. A claim against a business that served alcohol. Kentucky limits these claims: for injuries away from the business, a licensed seller that served an adult customer is liable only if a reasonable person would have known the customer was already under the influence when served (KRS 413.241). See our dram shop page. Duty of care. The legal obligation to act with reasonable care to avoid harming others. Every driver owes it to everyone else on the road. Independent medical exam (IME). An exam by a doctor chosen by the insurance company or the defense. It isn’t independent in the everyday sense; the doctor is selected and paid by the other side. In a lawsuit, a court can order an exam for good cause under Civil Rule 35. Interrogatories. Written questions one side sends the other during discovery. They must be answered in writing and under oath.  

L–N

Letter of protection (LOP). A written promise to pay a medical provider from a future settlement, so treatment can continue without payment up front. It doesn’t erase the bill; the provider gets paid from the recovery. Liability. Legal responsibility for an injury. Liability insurance is the coverage that pays when its policyholder is legally responsible. Lien. A legal claim to be repaid from a settlement. Hospitals, Medicare, Medicaid and health plans can all assert liens. See medical liens in a Kentucky settlement. Loss of consortium. A spouse’s claim for the loss of “services, assistance, aid, society, companionship and conjugal relationship” because of an injury to the other spouse (KRS 411.145). Kentucky also recognizes certain parent and child claims. See our loss of consortium guide. Mediation. A meeting, often a full day, where a neutral mediator helps both sides try to settle. Nothing is decided unless both sides agree. Negligence. Failing to use reasonable care, causing injury. The injured person generally must show a duty, a breach of that duty, and an injury caused by the breach. Negligence per se. Negligence shown by the violation of a safety statute. Kentucky law lets a person injured by a statutory violation recover damages caused by it (KRS 446.070). No-fault threshold (tort threshold). In a Kentucky car crash, you can sue for pain and suffering only if medical expenses exceed $1,000 or the injury includes a fracture, permanent injury, permanent disfigurement, loss of a body member, permanent loss of bodily function or death (KRS 304.39-060).  

P–R

Personal injury protection (PIP). Kentucky no-fault coverage that pays medical bills, lost wages and certain other losses after a crash, regardless of fault, up to $10,000 per person per accident. A pedestrian’s PIP comes from the insurance on the vehicle that struck them (KRS 304.39-050). See how Kentucky PIP insurance works. Personal representative. The person appointed by a probate court to handle a deceased person’s estate. In Kentucky, a wrongful death case is brought by the personal representative (KRS 411.130). Policy limits. The most an insurance policy will pay. When damages exceed the at-fault driver’s limits, underinsured motorist coverage may help. Premises liability. A claim against a property owner or occupier for an unsafe condition, such as a slip and fall. See how to prove property owner negligence. Punitive damages. Damages meant to punish, not compensate. In Kentucky they require “clear and convincing evidence” that the defendant acted with “oppression, fraud or malice” (KRS 411.184). See our punitive damages guide. Release. The document you sign to settle. It usually ends every claim against the parties released, permanently. Read it with your lawyer before signing. Res ipsa loquitur. Latin for “the thing speaks for itself.” A rule that can allow an inference of negligence when an accident ordinarily wouldn’t happen without negligence and the defendant controlled what caused it.  

S–W

Settlement. An agreement to resolve a claim for an agreed amount, usually in exchange for a release. Most injury claims settle; some go to trial. Standard of care. In medical malpractice, what a reasonably competent provider would have done in the same situation. It’s usually proven through testimony from other physicians. Statute of limitations. The deadline to file a lawsuit. Many Kentucky injury claims must be filed within one year (KRS 413.140). Motor vehicle claims generally have two years from the injury or the last PIP payment, whichever is later (KRS 304.39-230). See our statute of limitations guide. Strict liability. Liability without proof of carelessness. In Kentucky, a dog owner whose dog causes damage to a person “shall be responsible for that damage” (KRS 258.235). See our dog bite page. Structured settlement. A settlement paid over time through an annuity rather than in one lump sum. Often used for children and for very large recoveries. Subrogation. An insurer’s or health plan’s right to be repaid from your recovery for what it paid on your behalf. Whether and how much it can collect depends on the plan and the law that governs it. Survival action. A claim for the injured person’s own losses (like pain before death and medical bills) that continues after death and is brought by the estate (KRS 411.140). Tort. A civil wrong that causes harm, such as negligence. A “tort claim” is a claim for money damages for that harm. Uninsured and underinsured motorist coverage (UM/UIM). Coverage on your own policy that pays when the at-fault driver has no insurance (UM) or not enough (UIM) (KRS 304.20-020). See uninsured vs. underinsured motorist coverage. Verdict. The jury’s decision at the end of a trial, including any amount awarded. Wrongful death. A claim for damages when a death is caused by negligence or a wrongful act. See how Kentucky’s wrongful death law works and our wrongful death page.

How Forman & Associates helps

We explain every document before you sign it and answer questions in plain English. We prepare every case for trial, because that’s what moves insurers. Larry Forman has tried 50+ jury trials and won 95% of them. See our case results (past results don’t guarantee a similar outcome) and our personal injury FAQ.

Kentucky personal injury glossary FAQs

What does PIP mean in Kentucky?

Personal injury protection: no-fault coverage that pays medical bills and lost wages after a crash, up to $10,000, regardless of who caused it.

What is the difference between a settlement and a verdict?

A settlement is an agreement between the parties. A verdict is a jury’s decision after trial.

What is subrogation?

The right of an insurer or health plan to be repaid from your recovery for what it paid for your care.

What is a deposition?

Sworn, out-of-court testimony taken with a court reporter present, used to gather facts before trial.

What does comparative fault mean?

In Kentucky, your recovery is reduced by your own percentage of fault, but you aren’t barred from recovering.

What is a statute of limitations?

The deadline to file a lawsuit. Many Kentucky injury claims have one year; most car crash claims have two.

Questions about a term in your paperwork?

Call (502) 931-6788 or request a free case evaluation. No fee unless we win. Our office is at 1139 S. 4th St., Louisville, KY 40203. More guides are in our Kentucky Injury Resource Center. This glossary is general information as of October 2026, not legal advice.