Personal Injury Terms and Definitions

Ambulatory Surgery Ambulatory surgery refers to previously scheduled surgical and nonsurgical procedures performed on an outpatient basis in a hospital or freestanding ambulatory surgery center's general or main operating rooms 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. 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. 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. 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. 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. 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. Punitive damages Also called exemplary damages, which are designed to punish a defendant whose behavior in causing the plaintiff's injuries was especially egregious. 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.

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	Did You Know?
	Wrongful death claims seek compensation for losses resulting from the family member's death A number of situations lead to wrongful death case being filed. Medical mistakes, car accidents, criminal attacks, work-related injuries, and other accidents result in wrongful death case. Expert testimony and other requirements mean that medical mistakes tend to be the most difficult wrongful death claims to prove, requiring extensive effort on the part of attorneys.