Personal Injury Terms and Definitions

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. Compensatory damages Which measure actual dollar-value losses for such things as medical expenses, lost income, loss of future earning capacity, etc. 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. Cervical Pain Neck pain can come from disorders and diseases of any structure in the neck. There are seven vertebrae that are the bony building blocks of the spine in the neck (the cervical vertebrae) that surround the spinal cord and canal. 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. 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. Low back pain Common causes of low back pain include lumbar strain, nerve irritation, lumbar radiculopathy, bony encroachment, and conditions of the bone and joints. 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. Punitive damages Also called exemplary damages, which are designed to punish a defendant whose behavior in causing the plaintiff's injuries was especially egregious.

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	Did You Know?
	There are safety regulations that are intended to help prevent trucking accidents from occurring Violations of safety recommendations greatly increase the risk of trucking accidents. Truck drivers must assume responsibility to take all measures to avoid trucking accidents and putting other drivers on the road in risk of becoming injured because of a trucking accident.