Personal Injury Terms and Definitions

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. General damages Better known as "pain and suffering" damages, which include the emotional trauma from physical injuries, pain, humiliation, etc. 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. Amicus curiae (Latin: "friend of the court.") Person or organization that files a legal brief with the court expressing its views on a case involving other parties because it has a strong interest in the subject matter of the action. 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. 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. Gross Negligence Negligence for the safety or lives of others which is so great it appears to be intentional. Nursing home abuse There are many ways physical elder abuse can present itself, such as: Bed Sores, Malnutrition,Dehydration Bruises, Broken Bones, Poor Hygiene. Medical Malpractice Medical malpractice is the failure of medical professionals to provide adequate treatment resulting in a personal injury or substantial loss of income.

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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.