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. Burn, third degree A burn in which the damage has progressed to the point of skin death. The skin is white and without sensation. Soft Tissue Injury Injury to the ligaments, tendons and fibers of the body that connect the skeletal bones. Loss of Consortium When a person is injured, that person's spouse may also have a valid claim for Loss of Consortium. Loss of consortium represent many things, including the spouse's loss of the injured person's assistance in caring for the family home and children, as well as the additional stress and strain placed upon the marital relationship by the physical injuries that were suffered. Defective product injury When a product malfunctions due to a defect and causes serious personal injury, the law requires the manufacturer, wholesaler or retailer of the product to bear the losses caused by the defect in the product. Bodily Injury A cut, abrasion, bruise, burn, or disfigurement; physical pain, illness, impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body, no matter how temporary. 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. Occupational Disease An illness resulting from long-term employment in a particular type of work, such as mesothelioma (a type of cancer) from workers exposed to asbestos. 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. Workers Compensation These benefits include payment of all medical expenses and reimbursement for a portion of wages lost due to disability caused by the injury.

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	Did You Know?
	Nursing home abuse can occur in many different ways. Many people associate nursing home abuse to just physical, however nursing home abuse can also be emotional, psychological, sexual, verbal, and neglect. Watching for signs of nursing home abuse can help prevent further damage from occurring because in many instances residents are afraid to disclose that nursing home abuse is happening.