Personal Injury FAQs
Q: What is personal injury?
A: Personal injury is defined as an injury that results from the negligence or intentional act of another person or company. The injury may be physical, psychological, or financial. Personal injury also includes damage to a person’s reputation, in the case of slander or defamation. The most common types of personal injury cases are those involving motor vehicle collisions, defective products, or slip-and-fall accidents.
Q: How do I know if I have a case?
A: If your injury was sustained as a result of someone else’s failure to act responsibly, you may have a case. A personal injury attorney can examine the details of your case and give you a more specific assessment.
Q: What must a plaintiff prove to prevail in court on a personal injury lawsuit?
A: A successful personal injury plaintiff must prove that the defendant had a responsibility and that failure to fulfill that responsibility was the direct cause of the injury sustained by the plaintiff.
Q: How much compensation can I expect in my personal injury lawsuit?
A: The monetary value of any lawsuit depends on several variables. A personal injury lawyer in your area can review your case and tell you how much has been awarded in cases similar to yours, but no one can guarantee an exact figure. Damages commonly awarded in personal injury cases include loss of income, pain and suffering, emotional distress, medical expenses, and replacement or repair of damaged property.
Q: Is there a certain time-frame in which a personal injury lawsuit must be filed?
A: Yes. The amount of time you have to file a lawsuit after sustaining an injury due to someone else’s negligence varies from state to state, but there is always a deadline. If you have been injured and are unsure what to do next, it is important to speak with a lawyer as soon as is possible.
Q: What is negligence?
A: In its most simple definition, it means that someone was careless and as a result of being careless, someone else was injured. Negligence serves as the basis
Q: What does the term “liable” mean?
A: The term liable generally means that a court has determined individual, company or some other entity caused, and is responsible for, another person’s injury.
Q: What does the term “reasonable person” mean?
A: A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under the same or similar circumstances.
Q: What does “duty” mean in a lawsuit for injuries?
A: When talking about negligence, duty is the legal obligation that the law imposes on us to protect and respect the safety of others around us.
Q: What is contributory negligence?
A: The term “contributory negligence” is used to describe the actions of an injured person that may have also caused or contributed to his injury.
Q: What is comparative negligence?
A: Comparative negligence works on a percentage basis to assign a degree of fault for the injuries suffered. For example, in a broad-side car accident case.
Q: What is the “assumption of the risk” doctrine?
A: If you have knowingly and voluntarily assumed the risk inherent in a particular action that caused an accident, you cannot sue the other person for negligence.
Q: What is strict liability?
A: Some persons or companies may be held “strictly liable” for certain activities or products that harm others, even if it can’t be shown they acted
Q: What happens in a deposition?
A: If you file a personal injury lawsuit, the attorney for the defendant will likely “depose” you or take your deposition. A deposition is the process
Q: What is premises liability?
A: The term “premises liability” generally refers to accidents that occur due to the negligent maintenance or unsafe or dangerous conditions upon property owned . . .