Understand These Medical and Legal Terms When Facing a Brain Injury Personal Injury Claim

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gavel on open legal dictionaryYour doctors, lawyers, and loved ones are using a lot of different terms when they are talking about your brain injury and personal injury lawsuit. We want you to understand what these words mean because they may impact your recovery.

Brain Injury Definitions

Some of the terms you might need to know after a brain injury, include:

  • Alternative dispute resolution. A way to resolve your legal claim out of court. Common alternative dispute resolution methods include mediation and arbitration.
  • Burden of proof. In a Kentucky brain injury case, the burden of proof is on you to convince the court that it is more likely than not that the defendant’s negligence caused your injury.
  • Complaint. A complaint is the official pleading that begins a lawsuit. Your complaint should describe why the defendant was negligent and list the compensation you are seeking from the court.
  • Contingency fee. An attorney who is paid on a contingency fee basis is paid a percentage of your total compensation rather than an hourly fee. Therefore, you have nothing to risk. If you don’t receive a settlement or court recovery, your lawyer is not paid.
  • Damages. This is the compensation you receive from a negotiated settlement or court judgment. Damages typically include compensation for past and future healthcare expenses, lost income, out-of-pocket costs, physical pain, and emotional suffering, but should also include compensation for any other injuries you suffer.
  • Demand letter. A letter sent to the insurance company that describes the specific compensation you are seeking and the reason you are seeking it.
  • Closed-head injury. When the brain is injured, but the skull remains intact.
  • Open-head injury. A brain injury that occurs when the skull is penetrated.
  • Secondary injury. A secondary injury is an injury that occurs because of a brain injury, such as paralysis or cognitive impairment.
  • Statute of limitations. The statute of limitations is the amount of time you have to file a lawsuit.

Don’t try to interpret these or other terms that come up in your case on your own. Our experienced brain injury attorneys and staff nurse are here to help you if someone else’s negligence caused your brain injury. Call us or start a live chat with us today to learn more.