Personal Injury Terms and Definitions

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. 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. 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. Medical Malpractice Medical malpractice is the failure of medical professionals to provide adequate treatment resulting in a personal injury or substantial loss of income. 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. Soft Tissue Injury Injury to the ligaments, tendons and fibers of the body that connect the skeletal bones. Compensatory damages Which measure actual dollar-value losses for such things as medical expenses, lost income, loss of future earning capacity, etc. Basilar fracture A break in bone at the base of the skull. About a half of basilar fractures are caused by bicycle or motor vehicle accidents, about a quarter by falls, and a tenth by recreational activities, particularly by diving accidents. Eggshell skull A hypothetical medical condition used to illustrate the idea that if you are at fault when you injure someone, you are responsible for all the consequences, whether you could have foreseen them or not. Falls and Hip Fractures Among older adults, falls are the leading cause of injury deaths (Murphy 2000) and the most common cause of nonfatal injuries and hospital admissions for trauma

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	Did You Know?
	Falls at a construction site may not be your fault The most common accident at construction sites is falls, either on the same level or from height. More fatalities occur from falls than any other construction activity.