Personal Injury Terms and Definitions

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. 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. Cerebral edema Accumulation of excessive fluid in the substance of the brain. The brain is especially susceptible to injury from edema, because it is located within a confined space and cannot expand. 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. Compensatory damages Which measure actual dollar-value losses for such things as medical expenses, lost income, loss of future earning capacity, etc. Whiplash injury Hyperextension (over-extension) injury to the neck, often the result of being struck from behind, as by a fast-moving vehicle in a car accident. 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. 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. 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. Years of Potential Life Lost Years of potential life lost (YPLL) is a measure of premature mortality. YPLL is presented for persons under 75 years of age because the average life expectancy in the United States is over 75 years.

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	Did You Know?
	Every 15 seconds someone suffers a brain injury Brain injury patients that have experienced permanent brain injury symptoms can sometimes learn to compensate for the lost functioning with the proper brain injury treatment. This brain injury treatment can be costly and emotionally upsetting, in addition the brain injury may have limited the brain injury victim's previous work and social activities.