- glossary
- b
Glossary
B
Bad Drug – See Defective Medication
Investigate the realm of Bad Drug cases, where litigation springs from the negative repercussions of pharmaceutical products, seeking accountability from manufacturers, distributors, or prescribers for failing to ensure safety, thereby offering recourse for victims of adverse drug reactions or ineffectiveness.
Bad-Faith Claim
A Bad-Faith Claim arises when an insurance company fails to fairly and promptly settle a claim, particularly in personal injury cases where the insurer's intentional deceptive practices prevent an injury victim from receiving legitimate entitlements, often necessitating further legal action to secure rightful compensation.
Bailment
Bailment denotes a legal relationship wherein one party temporarily passes possession of personal property to another. In personal injury contexts, determining the duty of care owed during bailment, especially concerning damages or injuries resulting from the item’s use, can impact the viability and strategy of a claim.
Battery
In personal injury law, Battery pertains to the intentional and harmful or offensive touching of another individual without their consent. A claim for battery can seek damages for physical and emotional injuries resulting from such unauthorized contact.
Benefit
Benefit refers to the compensation or assistance provided to an injured individual, often through insurance claims or as a part of a settlement in personal injury cases, intended to cover various losses such as medical expenses, lost wages, and general damages.
Bench Trial
A Bench Trial is a trial without a jury, where a judge solely takes on the responsibility of assessing the evidence, determining facts, and making a legal ruling in a personal injury lawsuit, ensuring an expedited and streamlined adjudication process.
Black Box
A Black Box, or Event Data Recorder (EDR), is pivotal in certain personal injury claims, notably vehicular accidents, as it records vital data, offering insights into the events leading up to an accident and potentially attributing fault or negligence more accurately.
Beyond a Reasonable Doubt
Beyond a Reasonable Doubt is a high standard of proof, most commonly utilized in criminal cases but can be relevant in personal injury matters where a criminal act, such as intentional battery, has caused harm, necessitating a stringent evidentiary benchmark.
Bifurcation
Bifurcation in personal injury lawsuits involves dividing a trial into two parts: one for liability and one for damages, ensuring that the deliberation over responsibility is distinct and unbiased by the potential compensation figures discussed.
Bicycle Accidents
Bicycle Accidents involve personal injury claims centered on incidents where a bicyclist is injured due to another party’s negligence or intentional act, with a focus on establishing fault, evaluating damages, and securing compensation for the injured rider.
Binding Arbitration
Binding Arbitration is an alternative dispute resolution method wherein both parties in a personal injury claim agree to abide by the decision of an arbitrator, ensuring a resolution outside of court but with a legally binding outcome.
Biomechanics
In personal injury litigation, Biomechanics may be explored to understand the mechanical aspects of injuries sustained, assisting in determining causation, the extent of injuries, and long-term implications through scientific and medical evaluation.
Birth Injuries
Birth Injuries cover a subset of personal injury claims focused on damages sustained during childbirth due to healthcare providers’ negligence or malpractice, often necessitating specialized legal approaches to secure just compensation.
Boating Accidents
Boating Accidents encompass personal injury claims stemming from incidents on the water, entailing unique considerations pertaining to maritime law, liability, and specific safety regulations relevant to navigating and operating vessels.
Bodily Injury
Bodily Injury implies physical damage to a person’s body, and claims revolving around it in personal injury law strive to procure compensation for medical expenses, pain and suffering, and other related damages attributable to the defendant's negligence or intentional act.
Brain Injuries
Personal injury claims involving Brain Injuries often necessitate detailed medical evaluations and future care assessments, aiming to secure compensation that adequately reflects the potentially life-altering consequences and extensive future care needs.
Breach of Duty
Breach of Duty in personal injury law involves an individual or entity failing to adhere to their duty of care, resulting in injuries for which the negligent party may be held liable, forming a foundational element of negligence claims.
Breach of Contract
While commonly associated with contract law, Breach of Contract can be relevant in personal injury cases where an agreed-upon contractual obligation, such as an insurance settlement, is not honored, potentially forming the basis of supplementary legal action.
Burden of Proof
In personal injury claims, the Burden of Proof typically falls on the plaintiff to demonstrate that the defendant’s actions or negligence directly resulted in their injuries, ensuring that the legal case is substantiated by adequate evidence.
Burn Injuries
Burn Injuries involve claims focused on securing compensation for injuries caused by thermal, chemical, electrical, or radiation sources, requiring specific medical and causation assessments to effectively represent the victim’s interests.
Bus Accidents
Claims arising from Bus Accidents entail considerations specific to vehicular accidents, alongside factors unique to public or private transportation entities, ensuring that the peculiarities of such incidents are accounted for in the legal strategy.
Bystander Claim
A Bystander Claim involves a party seeking compensation for emotional distress suffered by witnessing a loved one being injured, often involving nuanced legal arguments to substantiate the emotional and psychological impacts experienced.
Bystander Injury
Bystander Injury in personal injury law refers to harm sustained by an individual who was not the intended target of an act or was injured due to being in proximity to an incident, often involving intricate liability considerations.