Personal Injury Terms and Definitions

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. 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. 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. Burn, third degree A burn in which the damage has progressed to the point of skin death. The skin is white and without sensation. Vicarious Liability When a person who did not actually cause an injury is held for the injury. Sometimes called imputed liability. Bodily Injury A cut, abrasion, bruise, burn, or disfigurement; physical pain, illness, impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body, no matter how temporary. Traumatic Brain Injury A blow or jolt to the head can result in a traumatic brain injury (TBI), which can disrupt the function of the brain. Concussions, also called “closed head injuries,” are a type of TBI. Disfigurement A technical term in workers' compensation cases for a serious and permanent scar to the head, neck, or face. Punitive damages Also called exemplary damages, which are designed to punish a defendant whose behavior in causing the plaintiff's injuries was especially egregious. 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?
	Tort lawyer is needed when civil wrongs are done Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products). Intentional torts are those wrongs which the defendant knew or should have known would occur through their actions or inactions.