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. Occupational Disease An illness resulting from long-term employment in a particular type of work, such as mesothelioma (a type of cancer) from workers exposed to asbestos. Basilar fracture A break in bone at the base of the skull. About a half of basilar fractures are caused by bicycle or motor vehicle accidents, about a quarter by falls, and a tenth by recreational activities, particularly by diving accidents. Medical Malpractice Medical malpractice is the failure of medical professionals to provide adequate treatment resulting in a personal injury or substantial loss of income. 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. Quadriplegia Complete paralysis of the body from the neck down, usually caused by damage to the spinal cord. 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. 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. Compensatory damages Which measure actual dollar-value losses for such things as medical expenses, lost income, loss of future earning capacity, etc. 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.

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	Did You Know?
	Nursing home abuse can occur in many different ways. Many people associate nursing home abuse to just physical, however nursing home abuse can also be emotional, psychological, sexual, verbal, and neglect. Watching for signs of nursing home abuse can help prevent further damage from occurring because in many instances residents are afraid to disclose that nursing home abuse is happening.