Free Personal Injury Claims and Lawsuits FAQs | Free Personal Injury Claims and Lawsuits Legal FAQs

How Do I Know If I Have A Personal Injury Claim?

Tue, 01 Jan 2008 20:19:24 GMT

First off, 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 (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are.

What Financial Compensation Can I Get In A Personal Injury Claim?

Tue, 01 Jan 2008 20:36:02 GMT

Depending on the type and extent of your personal injury, you may be eligible for compensatory damages for all losses and expenses you incur, and punitive damages. Compensatory damages may include the recovery of money for the following:

Medical bills;
Lost Wages;
Pain & Suffering;
Physical Disability;
Disfigurement;
Permanent Scars;
Emotional Trauma;
Mental Anguish;
Loss of Enjoyment;
Loss of Love & Affection
Mental Disability;
Property Damage; and
All out of pocket expenses (transportation charges, house cleaning, and others).

Punitive damages are damages that a jury or judge can impose on a defendant for the purpose of punishing the defendant. For example, if the maker of a prescription drug knew that the drug had dangerous side-effects but kept quiet because the drug maker was afraid that it would hurt sales, a judge or jury may award someone who suffered a side-effect money, in the form of a punitive damage, in order to punish the drug company for failing to disclose the side-effect.

I Was Injured In An Accident, Now What?

Tue, 01 Jan 2008 20:41:18 GMT

The first thing to do is to have your injuries treated. If you do not have money to go to the doctor, some doctor’s 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 I Prove Negligence In Court If It Goes That Far?

Fri, 21 Dec 2007 21:50:32 GMT

The burden of proof in a personal injury case as in most civil law cases is lower than the proof required in criminal law cases. In a criminal case, the prosecutor must prove beyond a reasonable doubt that the defendant committed the crime. To win a personal injury lawsuit based on tort law, the plaintiff need only prove that a majority of the evidence shows that an injury was caused by the action of the defendant. The different burdens of proof mean that a person might be acquitted of criminal charges stemming from its actions but be found liable in a civil lawsuit stemming from the same actions. For example, O.J. Simpson was found not guilty in his criminal case but he was found guilty in the civil case.

What Type Of Defenses Can Be Asserted In A Personal Injury Case?

Fri, 21 Dec 2007 21:50:32 GMT

One of the most common defenses is that of contributory or comparative negligence. This defense is made by the defendant.

What Is Contributory Negligence?

Fri, 21 Dec 2007 21:50:33 GMT

The term “contributory negligence” is used to describe the actions of an injured person that may have also caused or contributed to his injury. For example, if you were hit by a bike while crossing the street, but you jumped into the street without looking first then your carelessness will be taken into consideration and any money that you receive may be discounted because of your own carelessness. If you are found to have contributed to your own injury, the rules in some states will prevent you from collecting any money. Many states have done away with the concept of contributory negligence altogether and instead use the concept of “comparative negligence.” Comparative negligence looks to the degree of fault of each party in determining whether an award is justified in the case and what amount the award will be.

What Is Comparative Negligence?

Fri, 21 Dec 2007 21:50:33 GMT

Comparative negligence works on a percentage basis to assign a degree of fault for the injuries suffered. For example, in a case where a person slips and falls on a wet supermarket floor and is awarded $100,000, the supermarket is found to be eighty-percent responsible for the accident because of dangerous floor conditions. The injured plaintiff is found twenty percent responsible for not exercising caution, so the award is reduced to $80,000.

What Is The "assumption Of Risk" Defense?

Fri, 21 Dec 2007 21:50:34 GMT

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 if you get hurt. For example, if you see a sign that says “do not touch – hot” but you touch the object anyway and burn your hand, you may be found to have “assumed the risk.” This would prevent you from recovering any money. Another common example of assumption of risk is participation in a sport in which certain risks are inherent to the game. For instance, if you are playing football and you get tackled and break an arm, you may not sue the person who tackled you. On the other hand, if you are playing tennis and a fight breaks out and you are hit in the head with a racket, you may be able to sue the person who hit you, since the assumption of risk does not cover any injury that was intentionally inflicted and not an inherent part of the game.

I Was Told By My Attorney That I May Be "liable" For The Accident, What Does That Mean?

Fri, 21 Dec 2007 21:50:35 GMT

The term liable generally means that an individual, company or some other entity may be obligated to pay money for someone’s injury because they caused it. The term is often confused with “guilty” which is only used in a criminal case.

What Is Strict Or Absolute Liability?

Fri, 21 Dec 2007 21:50:35 GMT

Some persons or companies may be held “strictly liable” for certain activities that harm others, even if they have not acted negligently or with wrongful intent. Under this theory, a person injured by a defective or unexpectedly dangerous product, for instance, may recover compensation from the maker or seller of the product without showing that the manufacturer or seller was actually negligent. Also, persons or companies engaged in using explosives, storing dangerous substances, or keeping dangerous animals can be strictly liable for harm caused to others as a result of such activities. The theory behind imposing strict liability on those conducting such activities is that these activities pose an undue risk of harm to members of the community. Thus, anyone who conducts such activity does so at his own risk and is liable when something goes wrong and someone is harmed. The people who create certain risks are thus made accountable. In strict product liability, it is unnecessary to prove that the manufacturer was negligent; all you have to do is show that the product was defective, that it was allowed to be sold, and that the injuries were caused by the defect in the product. Some instances in which the law might apply strict liability are with regard to product liability, abnormally dangerous or ultra-hazardous activities and animal owner’s liability. For example, a plaintiff may be entitled to compensation after a defective product injures him or her regardless of whether the manufacturer was actually negligent. In other words, the plaintiff only has to prove that a product is defective or unreasonably dangerous and that the defect caused the injury. It is not necessary to show that the manufacturer was careless or negligent, which is much more difficult to prove.

If I File A Lawsuit Against Someone Because I Was Injured, Will I Have To Go To Court?

Fri, 21 Dec 2007 21:50:36 GMT

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.

I Heard That I May Be "deposed." What Does That Mean?

Fri, 21 Dec 2007 21:50:36 GMT

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 in which the defendant’s attorney asks you questions about the accident and your answers are recorded. You swear to tell the truth before you answer. A deposition is usually done in a conference room. Later, if you testify in court, your answers will be compared to your deposition testimony and the defendant will question you as to any inconsistencies.

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