Personal Injury Terms and Definitions

Whiplash injury Hyperextension (over-extension) injury to the neck, often the result of being struck from behind, as by a fast-moving vehicle in a car accident. Traumatic Brain Injury Serious injury to the head often resulting in severe and permanent damage to the brain. A bone may break or fracture when the force applied against it is greater than the strength of the bone itself. Eggshell skull A hypothetical medical condition used to illustrate the idea that if you are at fault when you injure someone, you are responsible for all the consequences, whether you could have foreseen them or not. Burden of proof A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury "by a preponderance of the evidence" that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. Managed care Any system that manages healthcare delivery with the aim of controlling costs. Managed care systems typically rely on a primary care physician who acts as a gatekeeper through whom the patient has to go to obtain other health services such as specialty medical care, surgery, or physical therapy. Asbestos Lawsuit Asbestos has been shown to cause a form of cancer called mesothelioma and this has produced many lawsuits agains manufacturers and users of asbestos. Contributory negligence Broadly, carelessness on the plaintiff's part. More precisely, conduct which falls below the standard of care established by law for the protection of one's self against unreasonable risk of harm. Alternative Dispute Resolution An arbitration is a legal hearing, less formal than a trial, in which each side in a lawsuit or dispute offers evidence and testimony to a neutral hearing officer (the arbitrator). The arbitrator is typically an experienced attorney or a retired judge. Defective product injury When a product malfunctions due to a defect and causes serious personal injury, the law requires the manufacturer, wholesaler or retailer of the product to bear the losses caused by the defect in the product. Mental Anguish Mental suffering. It is different from a physical injury, but may be considered in awarding damages. In some cases damages for mental anguish can be awarded even if no physical injury occured.

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	Did You Know?
	Every 15 seconds someone suffers a brain injury Brain injury patients that have experienced permanent brain injury symptoms can sometimes learn to compensate for the lost functioning with the proper brain injury treatment. This brain injury treatment can be costly and emotionally upsetting, in addition the brain injury may have limited the brain injury victim's previous work and social activities.