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. 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. Unintentional Injury Two categories of unintentional injury: motor vehicle-related injuries and home and recreation related injuries. Compensatory damages Which measure actual dollar-value losses for such things as medical expenses, lost income, loss of future earning capacity, etc. 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. Wrongful Death Wrongful Death is defined as the death of an individual as a direct result of the negligence of another individual, company, or entity. Quadriplegia Complete paralysis of the body from the neck down, usually caused by damage to the spinal cord. Disfigurement A technical term in workers' compensation cases for a serious and permanent scar to the head, neck, or face. Affidavit A written document which the signer swears to be true. The signer may swear under oath before a notary public ot other authorized official, or may make a declaration under penalty of perjury. Managed care Any system that manages healthcare delivery with the aim of controlling costs. Managed care systems typically rely on a primary care physician who acts as a gatekeeper through whom the patient has to go to obtain other health services such as specialty medical care, surgery, or physical therapy.

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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.