Personal Injury Terms and Definitions

Punitive damages Also called exemplary damages, which are designed to punish a defendant whose behavior in causing the plaintiff's injuries was especially egregious. 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. Traumatic Brain Injury Serious injury to the head often resulting in severe and permanent damage to the brain. A bone may break or fracture when the force applied against it is greater than the strength of the bone itself. Disfigurement A technical term in workers' compensation cases for a serious and permanent scar to the head, neck, or face. 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. Compensatory damages Which measure actual dollar-value losses for such things as medical expenses, lost income, loss of future earning capacity, etc. 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. 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. 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. Burn, third degree A burn in which the damage has progressed to the point of skin death. The skin is white and without sensation.

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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.