Personal Injury Terms Explained

The personal injury terms can often be confusing and they are explained in a way that they will be more clear.

Birth Injuries: Birth injuries occur during the delivery of an infant and are caused by medical negligence. These birth injuries usually occur in circumstances where the medical professional either responded insufficiently or failed to act to a complication or medical condition during birth.

Medical Malpractice: Medical malpractice can occur through the non-action or improper care that does not meet medical standards by a doctor, nurse or other medical professional, including dentists. This can result in injuries when the medical professional is negligent in their duties.

Nursing Home Exploitation: Nursing home exploitation occurs when there is misuse of a resident’s personal property or funds by an individual for their own gain. The resident is taken advantage of, often without their knowledge, through deception, threats or coercion.

Catastrophic Injuries: The catastrophic injury can result from any type of accident and affect any or all of the body systems. These are severe physical injuries that require extensive medical care and can result in long lasting or permanent injuries.

Wrongful Death: Wrongful death is a death that occurs due to the negligence of another party, manufacturer or corporation. The wrongful death lawsuit is filed by family members of the deceased loved one, in which they will recover compensation for the negligent acts that caused the death. Each state has their own statutes involving wrongful death that can differ from other states.

Soft Tissue Injury: Injuries that are soft tissue injuries normally are caused either by a single event or repetitive activity. These injuries are bruises, strains and sprains to the muscles, ligaments or tendons. Soft tissue injuries don not include injuries to the bones or organs.

Licensee: Licensee is one of the common terms in a slip and fall legal case, this is someone that enters the property of another party with their consent. The owner in this case has the duty to keep the property safe and to warn the licensee of any dangers in which they could be injured. When the property owner fails to keep the property safe or fails to warn and the licensee is injured they are able to filed a claim against the owner for the injuries sustained.

Worker’s Compensation: Workers compensation is benefits that are provided after an injury that occurred during employment. Depending on the injury the employee can receive compensation for medical treatment, loss pay, job rehabilitation and other compensation. The employer cannot be sued for the injury or incident when worker’s compensation is recovered. Worker’s compensation is a benefit that is required for workers under state and federal laws in the United States.

Assault and Battery: The term assault and battery are often heard together, but they are separate legal claims. They are a criminal offense and can be a personal injury claim. Assault is placing a person in fear of physical injury or offensive contact. Battery is using force to harm an individual and often results in injuries.