Personal Injury Terms and Definitions

Compensatory damages Which measure actual dollar-value losses for such things as medical expenses, lost income, loss of future earning capacity, etc. 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. 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. Spinal Cord Injury Injury of the nerves contained within the spinal canal often associated with trauma to the spinal column (spine),Complete: Nerve damage obstructing all signals between the brain and body.Incomplete: Nerve damage obstructing some of the signals between the brain and body. 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 Gross Negligence Negligence for the safety or lives of others which is so great it appears to be intentional. 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. Contributory negligence Broadly, carelessness on the plaintiff's part. More precisely, conduct which falls below the standard of care established by law for the protection of one's self against unreasonable risk of harm. 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. 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.

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	Did You Know?
	Falls at a construction site may not be your fault The most common accident at construction sites is falls, either on the same level or from height. More fatalities occur from falls than any other construction activity.