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. 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. Disfigurement A technical term in workers' compensation cases for a serious and permanent scar to the head, neck, or face. 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. Joint Pain Joint pain can be caused by injury affecting any of the ligaments, bursae, or tendons surrounding the joint. Injury can also affect the ligaments, cartilage, and bones within the joint. 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. Paraplegia Complete paralysis of the lower half of the body including both legs, usually caused by damage to the spinal cord. 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. 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. 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.

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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.