Personal Injury Terms and Definitions

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. Liable Legally responsible. For example, a person may be liable for a debt, liable for an accident due to careless behavior, liable for failing do something required by a contract or liable for the commission of a crime. 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. Falls and Hip Fractures Among older adults, falls are the leading cause of injury deaths (Murphy 2000) and the most common cause of nonfatal injuries and hospital admissions for trauma Burn, third degree A burn in which the damage has progressed to the point of skin death. The skin is white and without sensation. Acute condition Type of illness or injury that ordinarily lasts less than 3 months, was first noticed less than 3 months before the reference data of the interview, and was serious enough to have had an impact on behavior. Tinnitus Ear Ringing Together with other abnormal ear noises, ear ringing is medically called tinnitus. Buzzing, roaring, and pulsitile sounds are sometimes perceived when no sound is present in persons with tinnitus. Joint Pain Joint pain can be caused by injury affecting any of the ligaments, bursae, or tendons surrounding the joint. Injury can also affect the ligaments, cartilage, and bones within the joint. 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. Cerebral edema Accumulation of excessive fluid in the substance of the brain. The brain is especially susceptible to injury from edema, because it is located within a confined space and cannot expand.

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	Did You Know?
	Wrongful death claims seek compensation for losses resulting from the family member's death A number of situations lead to wrongful death case being filed. Medical mistakes, car accidents, criminal attacks, work-related injuries, and other accidents result in wrongful death case. Expert testimony and other requirements mean that medical mistakes tend to be the most difficult wrongful death claims to prove, requiring extensive effort on the part of attorneys.