Personal Injury FAQ
The more you know about your rights under the law, the better the chances of your recovery.
We've provided the answers to some of the most frequently asked questions we've encountered in the course of our practice. Please remember that no information found here can replace a face to face meeting or telephone consultation with an attorney about your particular case, problem or question. The information you find here is intended to be a starting point.
If you decide you need someone on your side, we encourage you to call or use our Case Evaluation Form.
Click on a question below to view the answer.
The first requirement is that you must have suffered an injury to your person or lost the use of your property. You should know that your injury doesn't necessarily have to be physical. You may be justified in a claim for damages resulting from an invasion of your privacy, attacks on your good name or emotional distress. If your injury is the result of someone else's actions, inaction or neglect, you may be entitled to damages.
Yes. There are "statutes of limitations" covering specific types of claims. From a practical standpoint, information affecting your claim and the availability of witnesses can be expected to degrade over time.
If a person dies as a result of injuries from an accident, their heirs may recover damages through a lawsuit known as a wrongful dealth action. In most cases, if someone who has a personal injury claim dies from unrelated causes, their claim survives and may be brought by the executor of the estate or legally designated representative.
One of the most important things that the court seeks to determine in personal injury cases is how a "reasonable person" should have acted in the situation causing the injury. When evidence supports the claim that someone has failed to act as an "ordinary, reasonable person," they are determined to be "negligent" and may be liable for damages.
No. In many cases, persons or companies are determined to be "strictly liable" even thought their actions are not deemed "negligent." This may apply in injuries resulting from the use of a defective product. Under some circumstances, it may be possible to obtain damages from manufacturers and/or sellers of the product without demonstrating that they were negligent.
If someone is determined to be liable for an injury, his or her liability insurance company must pay an injured person for:
- medical care and related expenses;
- income lost because of the accident;
- permanent physical disability or disfigurement;
- loss of family, social and educational experiences;
- emotional damages, such as stress, embarrassment, depression or strains on family relationships; and
- damaged property.
You will be awarded "damages," which is money intended to restore you to the position you were in before your injury.
Contact your insurance agent and/or lawyer right away. If you have insurance, your insurance company may select a lawyer to handle your case. If you are being sued for an amount that exceeds your coverage or are facing traffic or criminal charges, you may need an attorney of your own as well.
A visit to your doctor may be a good idea for both you and your passengers (if you were involved in an auto accident). Injuries may not be immediately obvious. You should at least call your doctor or health care provider to determine the appropriate course of action.