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Personal Injury Terms

Personal Injury Terms

Anesthesia - Drugs that temporarily block the feeling of pain. Local anesthesia numbs a small area of the body, but the patient remains awake. Regional anesthesia blocks pain in a larger area of the body, but the patient is not put to sleep. General anesthesia affects the entire body and puts the patient to sleep.

Arbitration - The process for a resolution of legal disputes outside the court system whereby a neutral party, agreed to and chosen by both sides, hears the evidence and testimony in a case and renders a final decision.

Assigned Claims Plan - This is a form of insurance that provides coverage for a passenger in an uninsured vehicle who is injured in an automobile accident.

Assumption of Risk - A defense argument in a personal injury claim that attempts to prove that the injured person (plaintiff) knowingly exposed himself/herself to a dangerous or risky situation or condition.

Avascular Necrosis - Death and destruction of bone components resulting from interruption of the blood supply which results in collapse of the bone or joint. Decreased blood supply to the bone is one cause of avascular necrosis. Another cause of avascular necrosis is excessive use of steroids. Trauma or traumatic injury can also result in avascular necrosis.

Birth Trauma/Birth Injury - Damage to an infant's body before, during or just after birth. Birth trauma can result from deprivation of oxygen (anoxia or hypoxia) during labor or delivery. Birth trauma can result from excessive force exerted during delivery. One of the more common types of birth injury resulting from excessive force is known as Erb's Palsy (a brachial plexus nerve injury).

Brain Injury/Traumatic Brain Injury - Injury occurring when there is a sudden trauma that damages the brain. A Cerebral Contusion occurs when the head strikes a hard object. A Diffuse Anoxal Injury happens when the head is whiplashed. Brain injury can also arise from oxygen deprivation (anoxia or hypoxia).

Cerebral Palsy - Developmental abnormalities of the brain causing weakness and loss of coordination in the limbs usually in early childhood or during late pregnancy or birth. Cerebral Palsy can result from oxygen deprivation (anoxia or hypoxia).

Civil Law - A type of common law that deals with disputes between two parties; not criminal law.

Claim - To make a demand to an insurance company for compensation for injuries suffered.

Claimant - The person who makes/files a claim for injuries suffered.

Compensatory Damages - The amount of money awarded to someone who has suffered harm (plaintiff) to pay for damages or injuries suffered.

Complaint - A formal legal document that cites the facts that entitle the plaintiff to his/her demand for compensation for damages/injuries suffered. This is the first pleading or document that is filed to initiate a civil lawsuit.

Contributory Negligence - A method of determining the liability for damages in proportion to the degree to which each person or party was at fault.

Comparative Negligence - In the event of an accident where two parties have a degree of fault, the negligence is determined by each party's portion of responsibility for the accident.

Contingency Fee - A method of payment in a personal injury case where legal fees are only paid if your case is settled or won. Legal fees are determined as a percentage of the amount recovered in a personal injury case.

Damages - Monetary compensation awarded by a court for losses to an individual or party who has been injured by the negligent or careless act of another party.

Defendant - The person or entity being sued in a civil case.

Demand Letter - A document sent to an insurance company on behalf of the plaintiff (injured party) outlining the injuries suffered, the medical documentation of the injuries suffered, the financial losses suffered and the request for compensation of these losses and expenses. The demand letter also typically outlines the liability, the facts of the accident or incident and the treatment received for accident-related injuries.

Deposition - Sworn testimony of a witness in a civil or criminal proceeding.

Diagnosis - The recognition of a medical condition or disease by symptoms, signs, examination and evaluation of lab data by a medical professional.

Discovery - The required disclosure of relevant facts, documents/evidence to the opposing party in a civil proceeding. Common forms of discovery include interrogatories which are questions that must be answered under oath as well as requests for documents and other tangible evidence and requests for admissions.

Emergency Room Injury - This occurs in hospital emergency rooms when a medical professional (doctor, nurse, tech, nursing assistant, etc) fails to provide adequate care to a patient. Injury can result from failure to act, negligence, inappropriate treatment, misdiagnosis or any care that fails to meet the required standards.

Erb's Palsy/Shoulder Dystocia - The paralysis of the arm caused by injury to nerves in the upper arm area (brachial plexus). Dystocia is when an infant's shoulder is injured during the birth process.

Excessive Force - This refers to the use of unreasonable force, verbal abuse or psychological intimidation by police or other law enforcement agents.

Expert Witness - A person, who through education, training, experience or skill, has specialized knowledge in an area enabling him/her to give testimony in a civil case. Expert witnesses are usually paid to give their opinions. Fact witnesses are not paid and most often recall facts and do not give opinions.

Fetal Distress - This occurs when a baby's oxygen is compromised during labor or childbirth. Fetal distress can also result from cardiac (heart) problems w/ the baby or the mother. Often a Fetal Heart Monitor (FHM) is used to observe the baby's vital signs.

Heart Attack/Myocardial Infraction - Heartfailure; the blockage of blood supply to the heart which results in the death of heart cells.

HIPPA (An acronym for Health Insurance Portability and Accountability Act) - This act provides for standards that protect and give privacy to patients' medical records and health care information. Patients are entitled to have access to their medical records and have greater control over how their health care information is used. The Kentucky Revised Statutes provide that a patient has a right to one free copy of his/her medical records.

Insurance Adjuster - A representative of an insurance company who works to investigate, evaluate, and resolve a claim. An insurance adjuster works for the insurance company and not necessarily for the person who has been harmed or injured.

Interrogatories - Written questions submitted to a party requiring answers under oath.

Lay Witness - A non-expert that testifies under oath in a trial or deposition in a lawsuit. Also known as a fact witness.

Liability - The blame or fault in a personal injury claim. Liability is synonymous with responsibility.

Lien - A legal claim against property or a file for money or services owed to another person or business.

Loss of Consortium - Diminished companionship, sexual activity, care and affection in a marital relationship when a spouse is injured by a negligent party. Loss of Consortium can also apply to the loss of love and affection when a child is involved in a personal injury.

Mediation - The attempt to settle a legal dispute by incorporating a third party to reconcile differences between two opposing parties.

Medical Records - Refers to patient documents that include their personal medical history and medical care. Medical records also include test results, X-Ray film and other data such as radiographic evidence on disc generated by C-T scans (CAT scans), MRI, MRA, etc. The Kentucky Revised Statutes provide that a patient has a right to one free copy of his/her medical records.

Medical Release Form - A document signed by the patient that allows hospitals and health care providers to release medical records. Typically, in Kentucky, Medical Release Forms or Medical Authorization Forms need to be compliant with HIPPA (see HIPPA above).

Necrotizing Enterocolitis (NEC) - This refers to a disease in the gastrointestinal tract of an infant (usually a premature infant) that occurs just after birth.

Negligence - Failure to act with reasonable care.

Nursing Home Neglect/Nursing Home Abuse - This occurs when a nursing home fails to provide its residents with proper, quality care that meets the required standards due to negligence or abuse by its staff and/or medical professionals.

Pain and suffering - Noneconomic damages in a law suit or claim resulting from physical and or emotional stress caused by an injury. Pain and Suffering is broken down, not only into physical and emotional pain and suffering but also into past and future pain and suffering.

Pedestrian Injury - Injury or death of someone on foot that is caused by the negligence of the driver of a vehicle.

Personal Injury Lawsuit - This is a legal action that results when a person/party fails to use reasonable care and thus causes injury to another party. If the dispute cannot be resolved without litigation, a personal injury lawsuit may be filed in court.

Plaintiff - A person who initiates a lawsuit against another person or group.

Police Misconduct - Inappropriate or excessive actions taken by police while enforcing the law or interacting with the public or those incarcerated.

Product Liability - The responsibility of a manufacturer or seller of goods to be financially responsible for any harm or injury caused by unsafe or defective products that it produces, designs, manufactures or sells.

Property Damage - Injury to a person's personal property as the result of an accident.

Pro Se - A person representing him or herself, without the benefit of legal counsel, in a court proceeding.

Pulmonary Embolism - An obstruction (blood clot) of the pulmonary artery, or branches of the pulmonary artery, that lead to the lungs.

Punitive Damages - Money or payment given or awarded to an injured party that exceeds the injured party's losses so as to punish the defendant.

Retained Foreign Object - Something unintentionally left in a patient during surgery. Retained foreign objects can also form the basis of injury claims when the object was in the body but was "missed" by the medical professional (doctor, nurse, etc).

Settlement - Negotiating a resolution to a disagreement or dispute, also called a compromise.

Slip and Fall Injury - This refers to injury resulting from a fall that is caused or results from the negligence of another person or business.

Statute of Limitations - The period of time by which a plaintiff (injured party) must file a lawsuit after he or she has suffered an injury as the result of another's negligence. If a statute passes and is not otherwise tolled (stopped) or extended, a party loses his/her ability to pursue the claim.

Strict Liability - This is a legal policy that makes a person or party responsible for damages that their actions or products cause no matter their level of fault; it usually applies when the action or product carries inherent danger or risk.

Traffic Accident/Collision Report - A police report detailing the involved parties, time, place, witnesses, causes and circumstances of a motor vehicle accident.

Tort - A wrongful act, intentional or accidental, that results in another person's injury.

Tumor - A lesion formed by abnormal growth of cells.

Unintended Acceleration - Uncontrolled acceleration of a vehicle from either a stationary position, a lower speed or a cruising speed. This may also be accompanied by a loss of control of the brakes.

Witness - A person testifying under oath who has a firsthand account of the issue at hand, the crime or an injury.

Wrongful death - This is a lawsuit claiming that the victim died as the result of negligence by another person or party.

Verdict - The decision by a jury on a legal case or suit in trial.

For more information, contact our Louisville personal injury lawyers today for a free and confidential consultation.

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