Personal Injury Terms and Definitions

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. Managed care Any system that manages healthcare delivery with the aim of controlling costs. Managed care systems typically rely on a primary care physician who acts as a gatekeeper through whom the patient has to go to obtain other health services such as specialty medical care, surgery, or physical therapy. 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. 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. 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 Traumatic Brain Injury A blow or jolt to the head can result in a traumatic brain injury (TBI), which can disrupt the function of the brain. Concussions, also called “closed head injuries,” are a type of TBI. Disfigurement A technical term in workers' compensation cases for a serious and permanent scar to the head, neck, or face. Vicarious Liability When a person who did not actually cause an injury is held for the injury. Sometimes called imputed liability. Punitive damages Also called exemplary damages, which are designed to punish a defendant whose behavior in causing the plaintiff's injuries was especially egregious.

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	Did You Know?
	Tort lawyer is needed when civil wrongs are done Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products). Intentional torts are those wrongs which the defendant knew or should have known would occur through their actions or inactions.