PERSONAL INJURY FAQ
ANSWERS TO YOUR INJURY RELATED QUESTIONS!
Getting injured in an accident can be a life changing event. What you do right after an accident can make the difference between protecting your assets or losing out on potential settlements. This page is dedicated to helping you get answers to all of your personal injury questions!
PERSONAL INJURY FAQ
ANSWERS TO YOUR INJURY RELATED QUESTIONS!
Getting injured in an accident can be a life changing event. What you do right after an accident can make the difference between protecting your assets or losing out on potential settlements. This page is dedicated to helping you get answers to all of your personal injury questions!
FIRST STEP GUIDE
TAKE THESE STEPS RIGHT AFTER AN ACCIDENT!
This guide will help you protect your rights, and build a strong case for your Attorney to be able to negotiate a better outcome for your accident!
FIRST STEP GUIDE
TAKE THESE STEPS RIGHT AFTER AN ACCIDENT!
This guide will help you protect your rights, and build a strong case for your Attorney to be able to negotiate a better outcome for your accident!
STEP ONE
CONTACT YOUR ATTORNEY
Contacting your attorney right after an accident is vital to collecting evidence and details about your accident that can be lost.
STEP TWO
RECORD THE SCENE
If your able to, record the accident scene with images and videos to build a record of what happened and important details.
STEP THREE
INTERVIEW WITNESSES
Find witnesses who saw what happened and ask them questions on video about what they saw. Be sure to get their contact info as well.
STEP FOUR
EXCHANGE INFORMATION
Be sure to get the other party’s insurance and contact information so your attorney can reach out to them and their insurance company.
PERSONAL INJURY FAQ
Find answers to all your questions related to Personal Injury cases. If you don’t see your question below, use the form to the right to ask a question and one of our Attorneys will get back to you shortly!
ASK A QUESTION
How soon after an accident should I hire an attorney?
You should hire an attorney as soon as you are physically able to. Finding an attorney right after an accident can help preserve vital evidence that can help you recover more damages.
What is a personal injury case?
A personal injury case is a legal dispute that arises when someone is injured due to another party’s negligence or intentional actions.
What is negligence?
Negligence refers to the failure to exercise reasonable care, resulting in harm to another person.
How do I know if I have a valid personal injury claim?
To have a valid claim, you must establish that another party’s negligence caused your injuries.
What types of accidents are considered personal injury cases?
Personal injury cases can arise from car accidents, slip and falls, medical malpractice, product defects, and more.
What damages can I seek in a personal injury case?
You can seek compensation for medical expenses, lost wages, pain and suffering, and sometimes punitive damages.
Should I speak to the insurance company without an attorney?
It’s generally advised to consult an attorney before speaking to an insurance company to avoid saying anything that could harm your case.
How long do I have to file a personal injury lawsuit?
The statute of limitations varies by jurisdiction, but it’s essential to file within the prescribed time limit.
How much is my personal injury case worth?
The value of your case depends on factors like the severity of your injuries, medical expenses, and the impact on your life.
Will my case go to trial?
Many personal injury cases are settled outside of court, but some do go to trial if a fair settlement cannot be reached.
How long does a personal injury case usually take?
The timeline varies, but cases can take several months to a few years, depending on complexity.
Can I file a personal injury claim on behalf of a deceased family member?
Yes, certain family members can file a wrongful death claim if their loved one’s death was caused by negligence.
Can I switch attorneys if I'm not satisfied with my current one?
Yes, you have the right to change attorneys if you’re unhappy with their representation.
Do I need to pay upfront for an attorney's services?
Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case.
How do I prove the other party was at fault for my injuries?
Evidence like witness statements, photographs, medical records, and accident reports can help establish fault.
What is a demand letter?
A demand letter outlines your injuries, damages, and compensation expectations, sent to the responsible party or their insurance.
Can I sue if I was partially at fault for the accident?
Depending on your jurisdiction, you may still be able to recover damages even if you were partially at fault.
What is a deposition?
A deposition is a sworn testimony given under oath as part of the discovery process in a lawsuit.
Can I get compensation for emotional distress?
Yes, you can seek compensation for emotional distress if it resulted from the accident and is supported by evidence.
Should I accept the first settlement offer from the insurance company?
It’s often wise to consult an attorney before accepting any settlement offer to ensure it’s fair.
What should I do at the scene of an accident to help my case?
Seek medical attention, gather evidence, exchange information with involved parties, and contact the police.
Can I sue a government entity for my injuries?
Yes, but suing a government entity involves different rules and timelines, so consult an attorney.
How is compensation calculated for pain and suffering?
There is no fixed formula, but factors like the severity of injuries, recovery time, and impact on daily life are considered.
Can I recover damages if the accident aggravated a pre-existing condition?
Yes, you may be entitled to compensation if the accident worsened your pre-existing condition.
What is a statute of limitations?
It’s the legal time limit within which you must file a lawsuit after an injury occurs.
Can I file a personal injury claim for emotional distress without physical injuries?
In some cases, yes, but it can be more challenging to prove.
Can I sue my employer if I was injured at work?
Workers’ compensation typically covers workplace injuries, but there are exceptions; consult an attorney.
Can I negotiate medical bills related to my injury?
Yes, with the help of an attorney, you can negotiate to lower medical bills before settling your case.
What is comparative negligence?
Comparative negligence means your compensation may be reduced if you were partially at fault for the accident.
Can I still file a personal injury claim if the at-fault party is not insured?
Yes, you can explore other options like uninsured/underinsured motorist coverage or pursuing the responsible party’s assets.
Do personal injury cases always involve physical injuries?
No, personal injury cases can also involve psychological harm or damage to your reputation.
What is a class-action lawsuit?
A class-action lawsuit involves multiple plaintiffs with similar claims against a defendant.
Can I still file a claim if the accident was partially my fault and partially due to a defective product?
Yes, you may have separate claims against the responsible party and the manufacturer of the defective product.
Should I provide a recorded statement to the insurance company?
It’s usually best to consult an attorney before giving any recorded statements to the insurance company.
Can I file a personal injury claim if the accident was caused by a natural disaster?
It depends on the circumstances; consult an attorney to evaluate your case.
Can I sue a doctor for medical malpractice?
Yes, if a doctor’s negligence caused harm, you may have a medical malpractice case.
What is loss of consortium, and can I claim it?
Loss of consortium refers to the negative impact on a relationship due to injuries; certain family members may be able to claim it.
Can I still file a claim if the accident happened a while ago but my injuries just became apparent?
The statute of limitations typically starts from the time you discovered or should have discovered your injuries.
Can I get compensation for future medical expenses?
Yes, if your injuries will require ongoing medical treatment, you can seek compensation for future medical costs.
Can I sue a private property owner for injuries sustained on their property?
Yes, if negligence led to your injuries, you may have a premises liability case.
How do I prove that the defendant's negligence caused my injuries?
You need to establish a direct link between the defendant’s actions and your injuries through evidence.
Can I sue for punitive damages in a personal injury case?
Punitive damages are possible if the defendant’s actions were grossly negligent or intentional.
Can I still file a claim if I was injured by a hit-and-run driver?
Yes, if you have uninsured motorist coverage, you can file a claim for injuries caused by a hit-and-run driver.
What is a contingency fee?
A contingency fee is an arrangement where the attorney only gets paid if you win your case.
Can I sue for pain and suffering if I only sustained minor injuries?
Yes, you can seek compensation for pain and suffering regardless of the severity of your injuries.
What is the "eggshell skull" rule?
The eggshell skull rule states that a defendant is responsible for all consequences of their actions, even if the plaintiff’s pre-existing condition made their injuries worse.
Can I sue a bar or restaurant if I was injured due to intoxication of another patron?
In some cases, you might have a claim if the establishment over-served a visibly intoxicated person who caused your injuries.
Can I file a claim for injuries sustained in a public transportation accident?
Yes, you can file a personal injury claim if negligence caused injuries in a public transportation accident.
What is a release of liability form?
A release of liability form is a legal document where you agree not to sue for injuries in exchange for compensation or benefits.
Can I still file a claim if the at-fault party has filed for bankruptcy?
It’s more complex if the responsible party has filed for bankruptcy, but you might still have options.
Can I sue a government agency for injuries sustained on public property?
Yes, but government liability rules often have stricter requirements; consult an attorney.
Can I sue for injuries sustained during a sporting event?
In some cases, yes, if negligence or intentional harm caused your injuries.
Can I file a personal injury claim against a homeowner if I was injured on their property?
Yes, you might have a claim if negligence led to your injuries on someone’s property.
Can I file a personal injury claim against a daycare center for injuries to my child?
Yes, if negligence led to your child’s injuries at a daycare, you might have a claim.
Can I sue a property owner if I was attacked by a dog on their premises?
Yes, if the property owner’s negligence allowed the attack to happen, you may have a claim.
What is "no-win, no-fee" representation?
“No-win, no-fee” means the attorney only gets paid if you win your case; it’s another term for a contingency fee arrangement.
Can I sue a manufacturer for injuries caused by a defective product?
Yes, if a defective product caused your injuries, you may have a product liability claim.
Can I sue a hospital for injuries sustained during treatment?
Yes, if negligence during medical treatment caused your injuries, you might have a medical malpractice claim.
Can I file a personal injury claim if I slipped on a wet floor in a store?
Yes, if the store’s negligence in maintaining a safe environment led to your injury, you might have a claim.
Can I sue for injuries sustained in a car accident if I wasn't wearing a seatbelt?
Your claim might be affected, but you could still seek compensation for injuries that weren’t directly caused by not wearing a seatbelt.
Can I sue a landlord for injuries sustained due to unsafe premises?
Yes, if your injuries resulted from the landlord’s negligence in maintaining safe premises, you might have a claim.
Can I sue for injuries sustained in a public park or recreational area?
Yes, if negligence led to your injuries, you might have a claim against the responsible entity.
Can I file a claim for injuries sustained in a car accident with an uninsured driver?
Yes, if you have uninsured motorist coverage, you can file a claim for injuries caused by an uninsured driver.
Can I still file a personal injury claim if the at-fault party is deceased?
Yes, you can still pursue a claim against the deceased party’s estate or other responsible parties.
Can I sue a construction company for injuries sustained at a construction site?
Yes, if negligence led to your injuries at a construction site, you might have a claim.
Can I sue a government agency for injuries caused by a public transportation accident?
Yes, you can file a claim against a government agency if negligence caused injuries in a public transportation accident.
Can I sue for injuries caused by a defective pharmaceutical drug?
Yes, if a defective drug caused your injuries, you may have a pharmaceutical liability claim.
Can I sue a property owner for injuries sustained due to poor lighting?
Yes, if inadequate lighting on someone’s property led to your injuries, you might have a claim.
Can I file a personal injury claim for injuries sustained due to a dangerous road condition?
Yes, if negligence in maintaining road conditions led to your injuries, you might have a claim.
Can I sue for injuries sustained in a nursing home due to neglect or abuse?
Yes, if nursing home neglect or abuse led to your injuries, you might have a claim.
Can I file a claim for injuries caused by a defective medical device?
Yes, if a defective medical device caused your injuries, you may have a product liability claim.
Can I sue a gym for injuries sustained due to malfunctioning equipment?
Yes, if negligence in maintaining gym equipment led to your injuries, you might have a claim.
Can I sue for injuries sustained in a car accident caused by road debris?
Yes, if negligence in removing road debris led to your accident and injuries, you might have a claim.
Can I file a personal injury claim for injuries sustained due to a dog bite?
Yes, if a dog bite resulted from the owner’s negligence, you may have a claim.
Can I sue a landlord for injuries sustained due to lead paint exposure?
Yes, if lead paint exposure in a rented property caused your injuries, you might have a claim.
Can I file a claim for injuries caused by a faulty amusement park ride?
Yes, if negligence in maintaining an amusement park ride led to your injuries, you might have a claim.
Can I sue for injuries sustained in a bicycle accident with a motor vehicle?
Yes, if the motor vehicle driver’s negligence caused the bicycle accident and your injuries, you might have a claim.
Can I sue a landlord for injuries sustained due to a slip and fall on icy stairs?
Yes, if the landlord’s negligence in clearing ice and snow led to your injuries, you might have a claim.
Can I file a claim for injuries sustained in a workplace accident?
If your workplace injury is covered by workers’ compensation, you generally can’t sue your employer; consult an attorney for guidance.
Can I sue a municipality for injuries sustained due to a poorly maintained sidewalk?
Yes, if negligence in maintaining a sidewalk led to your injuries, you might have a claim.
Can I sue for injuries sustained in an elevator or escalator accident?
Yes, if negligence in maintaining elevators or escalators led to your injuries, you might have a claim.
Can I file a claim for injuries sustained due to a defective electronic device?
Yes, if a defective electronic device caused your injuries, you may have a product liability claim.
Can I sue a hotel for injuries sustained due to unsafe conditions on the property?
Yes, if negligence in maintaining a safe environment at a hotel led to your injuries, you might have a claim.
Can I sue for injuries sustained in a boating or maritime accident?
Yes, if negligence in operating a boat or ship led to your injuries, you might have a claim.
Can I file a claim for injuries sustained in a public swimming pool accident?
Yes, if negligence in maintaining safety at a public swimming pool led to your injuries, you might have a claim.
Can I sue for injuries sustained in a skiing or snowboarding accident?
In some cases, yes, if negligence on the part of a resort or other party led to your injuries.
Can I file a claim for injuries sustained due to a defective vehicle component?
Yes, if a defective vehicle component caused your injuries, you may have a product liability claim.
Can I sue a nightclub for injuries sustained due to inadequate security?
Yes, if inadequate security measures led to your injuries at a nightclub, you might have a claim.
Can I sue for injuries sustained in a slip and fall on a wet supermarket floor?
Yes, if negligence in maintaining a safe environment at the supermarket led to your injuries, you might have a claim.
Can I file a claim for injuries sustained due to a defective children's toy?
Yes, if a defective children’s toy caused your child’s injuries, you may have a product liability claim.
Can I sue a public transportation agency for injuries sustained during a bus or train accident?
Yes, if negligence in operating public transportation led to your injuries, you might have a claim.
Can I sue for injuries sustained in a ride-share or taxi accident?
Yes, if negligence on the part of the ride-share or taxi driver led to your injuries, you might have a claim.
Can I file a claim for injuries sustained due to a defective household appliance?
Yes, if a defective household appliance caused your injuries, you may have a product liability claim.
Can I sue a daycare center for injuries sustained due to lack of supervision?
Yes, if lack of supervision at a daycare center led to your child’s injuries, you might have a claim.
Can I sue for injuries sustained in a theme park ride accident?
Yes, if negligence in operating a theme park ride led to your injuries, you might have a claim.
Can I file a claim for injuries sustained due to a defective power tool?
Yes, if a defective power tool caused your injuries, you may have a product liability claim.
Can I sue a university for injuries sustained on their campus due to unsafe conditions?
Yes, if negligence in maintaining a safe campus environment led to your injuries, you might have a claim.
Can I sue for injuries sustained in a pedestrian accident with a motor vehicle?
Yes, if negligence on the part of the motor vehicle driver led to the pedestrian accident and your injuries, you might have a claim.
Can I file a claim for injuries sustained due to a defective food product?
Yes, if a defective food product caused your injuries, you may have a product liability claim.
Can I sue a landlord for injuries sustained due to a fire caused by faulty wiring?
Yes, if negligence in maintaining the property’s wiring led to the fire and your injuries, you might have a claim.