FAQ's

I was injured in an accident, now what?
The first thing to do is to have your injuries treated.  If you do not have money to go to the doctor, some doctors will still treat you and wait for payment after you file a lawsuit.  If you do have the money to pay, then you can later make a claim for the person who injured you to pay your medical bills.

How do you know if you have a personal injury claim?
In order to proceed with a personal injury claim, you must demonstrate that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that someone else is at fault for your injury under a negligence, strict liability or intentional misconduct theory.

If I file a lawsuit against someone because I was injured, will I have to go to court?
You may.  Most cases will resolve or settle before a trial is held.  This is because a trial can be very time-consuming and expensive and the result is not certain.  However, if the case does not settle then you will have to go to court and you will have to testify or tell your story to the judge or the jury.

What is negligence?
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 for a personal injury lawsuit.  Negligence is any conduct that falls below the recognized standards of behavior established by law for the protection of others against unreasonable risks of harm.

What is contributory negligence?
The term “contributory negligence” is used to describe the actions of an injured person that may have also caused or contributed to his injury.

What does the term "liable" mean?
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.  When a defendant is found liable, he or she is generally obligated to compensate the injured party for their damages.  The term "liable" is often confused with “guilty." However the term "liable" is used in civil cases and the term "guilty" is only is used in criminal cases.

What is premises liability?
The term "premises liability" generally refers to accidents that occur due to the negligent maintenance or unsafe or dangerous conditions upon property owned by someone other than the accident victim. If you are injured because a property owner or a business establishment fails to provide a safe environment, you may have a right to bring a claim for various damages incurred due to your injury. These types of cases often involve slip and fall accidents, which usually occur when a defective condition, foreign substance or object causes a fall.

When would a dog bite constitute a personal injury claim?
A Personal Injury is any physical or mental injury to a person as a result of someone's negligence or harmful act. To claim personal injury, you must be able to show that you have been injured either physically or emotionally. In addition, you must be able to show that someone else, namely the defendant, is at fault for the injuries you sustained due to their negligent behavior.

What are slip and fall accidents?
Most businesses and homeowners carry liability insurance to protect them in the event that someone is injured while on their property. This would include slip and fall type cases that are generally known as premise liability cases.
The owner or possessor of a residence, land, or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises.

What should I do if I’ve been injured in a slip & fall accident?
If you are injured upon someone else's property, you should consult an experienced personal injury attorney who will be able to analyze your case and the principles of law concerning premises liability. You should not give an interview to insurance adjusters or investigators hired by insurance companies until you have consulted with an attorney.

 

What Is professional malpractice?

Professional Malpractice/negligence refers to the negligent acts of a medical provider.  This can include doctors, nurses, caregivers, dentists and other health related professionals.  A claim for professional malpractice asserts that the professional involved failed to act like other professionals would have acted in the same of similar circumstances.