Personal Injury Terms and Definitions

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. 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. 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. Injury A wrong or tort. Injuries are divided into public and private; and they affect the. person, personal property, or real property. Medical Malpractice Medical malpractice is the failure of medical professionals to provide adequate treatment resulting in a personal injury or substantial loss of income. 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. Compensation Compensation is defined as a recompense for loss. If you suffer an injury, either physical or psychological as the result of an accident that was not your fault, then you may be able to claim a financial award to cover any loss of income, the cost of medical bills, or any other costs that you have incurred as a result of the injury or accident that you would not normally have incurred. 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.

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	Did You Know?
	There are four general types of slip and fall accidents Trip-and-fall accidents, where there is a foreign object in the walking path. Stump-and-fall accidents, where there is an impediment in the walking surface. Step-and-fall accidents, where there is an unexpected failure or hole in the walking surface Slip-and-fall accidents, in which the interface of the shoe and the floor fails Both the property owner as well as the injured person can be held to varying degrees of responsibility for an injury.