Personal Injury Terms and Definitions

Medical Malpractice Medical malpractice is the failure of medical professionals to provide adequate treatment resulting in a personal injury or substantial loss of income. Compensatory damages Which measure actual dollar-value losses for such things as medical expenses, lost income, loss of future earning capacity, etc. Workers Compensation These benefits include payment of all medical expenses and reimbursement for a portion of wages lost due to disability caused by the injury. 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 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. 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. Burn, third degree A burn in which the damage has progressed to the point of skin death. The skin is white and without sensation. 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. 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. 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.

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	Did You Know?
	The term "bodily injury claim" usually refers to a "personal injury claim". Economic damages" would include, but aren't limited to: Lost wages, Medical bills, Rental car expenses, etc. General damages include: Pain, Suffering, Humiliation, Distress. If you settle your bodily injury claim, it must include all the types of damages available to you, or you'll likely lose your right to recover for those losses.