Q: What is the most important thing that has to be proved in an auto accident?
A: You need to be able to prove the negligence of the other driver.
Q: Does a doctor need to examine me after I have been injured to prove I was hurt?
A: Yes. You not only need to be examined, but have the doctor verify how badly you have been hurt and provide an estimate of the length of time you may suffer from your injuries.
Q: Do I have to get a police report?
A: Yes. We need to see the report to understand the scope of your accident.
Q: What is a personal injury?
A: This is a physical or mental injury to your body, not to your personal property and is regarded as civil law.
Q: Will I be able to collect damages for my personal injury case?
A: Depending on the case, you may be able to collect for things such as, disfigurement, emotional trauma, pain and suffering, medical bills and lost income, etc.
Q: What is proportionate responsibility or comparative negligence?
A: This happens when damages awarded by the court are reduced because there was contributory negligence on the part of both parties to a lawsuit. This works by assigning a percentage to a degree of fault for each party for any injuries sustained.
Q: How do I prove that there was negligence?
A: Actually, you really only have to prove that the majority (the preponderance) of your evidence demonstrates your injury was caused by another person’s negligence.
Q: What does premises liability mean?
A: These are accidents that took place because of unsafe conditions on a person’s property. In general, most cases involve proving how long the defect was in existence, how evident it was and whether the property owner knew about the situation before the accident.
Q: I’ve been injured in a slip and fall accident. What do I do?
A: The owner of the premises needs to regularly inspect the property to keep it safe and warn others of any dangers. If the owner is proved to be negligent, you may be able to recover damages for medical bills, loss of income, pain and suffering etc.
Q: What is the Statute of Limitations?
A: Statutes of limitations (or time limits to file a case) are different depending on the type lawsuit. For instance wrongful death actions, medical malpractice and suits filed against government agencies have shorter periods of time than other personal injury actions. If you do not file in time, you don’t have a viable case. Most personal injury cases have a timeline to file of one to three years from the time of the incident.
Q: How long do I have to wait to have my claim settled?
A: This is a tough question to answer, as it depends on the circumstances of the case. Generally speaking it may take anywhere from 3 to 18 months, or longer.
Q: What is wrongful death?
A: First of all, a wrongful death action is a civil lawsuit, not a criminal lawsuit. Wrongful death is defined as a death that was caused by the negligence of another person. Those who depended on the deceased for financial assistance have the right to file a claim for compensation the wrongful death.