Auto Accident FAQs

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When you have been in a car accident, it is hard to determine if you have a lawsuit, who is at fault, and if you really have to sue in order to receive full compensation. An auto accident lawsuit can take a great deal of time and effort on your part. After an accident, if you can’t work due to injuries, or if your vehicle is damaged and you can’t get to work, you may need to think about filing an auto accident lawsuit. Here are a few frequently asked questions and answers to help you decide what you need to do.

How do I decide if I actually have grounds for an auto accident lawsuit?

Any auto accident should be brought to the attention of your attorney, especially accidents involving any type of personal injury. He or she can advise you on certain aspects of the procedures. At the very least, let your attorney handle the insurance companies to make sure you get a fair settlement. The insurance companies are going to use their lawyers; you should also use one to ensure that you are compensated appropriately.

How is fault determined in an auto accident lawsuit?

Immediately after an auto accident, an investigation is performed to review factors such as the vehicles involved, the area surrounding the accident, and sometimes even the injuries sustained to determine what the cause of the accident was. A further investigation of the vehicles involved will determine if there is the possibility of a faulty part or poorly performed maintenance that may have contributed the accident. These investigations will determine who made the error and what happened leading up to and during the accident. In cases involving defective parts or products, you may be able to file a product liability lawsuit against the responsible parties.

What do I do if the driver at fault didn’t have insurance?

If the at fault driver does not have insurance, you may be able to pursue uninsured motorist coverage from your own insurance company. Alternatively, you may be able to determine if the other motorist was covered under someone else’s policy, such as their employer. This may get your damages awarded, just through another route. Your lawyer will work with you to explore all possible avenues for obtaining compensation.

Wrongful Death Lawsuit Information

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A wrongful death lawsuit can be filed in the event that a death, which was preventable, has occurred.  A wrongful death lawsuit is a claim that the death was the result of someone else’s negligence, recklessness, or carelessness.  While a wrongful death may have been the intentional result of the other party’s improper actions, it is often a matter of unintentional but careless disregard for the life and safety of the person whose life was lost.

Causes of Wrongful Death

There are a variety of different situations for which a wrongful death lawsuit would be applicable.  One example would be a hospital setting where a patient’s urgent need for immediate care is clear, but not dealt with by the medical staff.  If medical malpractice results in the patient’s death, the patient’s family can file a wrongful death lawsuit.

Another type of wrongful death is a death which occurs from an avoidable accident.  Examples of this form of wrongful death include a homeowner’s failure to keep his property in safe condition and someone’s death being the result of the unsafe property, or a car accident in which someone suffers a fatal injury.

Wrongful death lawsuits can also be filed in situations where the death was intentionally caused.  In this type of situation, however, a wrongful death lawsuit usually corresponds with criminal action against the person who was responsible.  In many cases, both a criminal proceeding and a civil suit are possible.

Contact an Attorney

A death which could have been prevented had the responsible party exercised due concern for the life and safety of others could be cause for a wrongful death lawsuit.  A wrongful death lawsuit, while being a minor compensation for the loss of a human life, holds the responsible party accountable for their actions. If someone you love was killed as a result of another party’s careless or negligent actions, contact an attorney to determine if you may be eligible to file a wrongful death claim.

Personal Injury Lawsuit FAQs

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Review these questions and answers about personal injury lawsuits to help you understand your rights if you are considering filing a personal injury claim.

Can a person file a personal injury lawsuit on his own?

While it is possible to file a personal injury claim without legal assistance, the average person does not have the legal expertise necessary to ensure that the case proceeds properly and to maximize their compensation. An attorney can help you understand your rights, ensure you case proceeds in a timely manner, and work to be sure you achieve the compensation to which you are entitled.

How will the damages I am entitled to be determined?

The extent of your injuries, the losses you have incurred, and the degree of liability on the part of the opposing party are among the factors which must be assessed in determining what damages you may be eligible to receive. Your attorney can provide information on compensation factors as they relate to your individual case.

Are personal injury lawsuits limited solely to cases of physical injury?

While the main focus of a personal injury lawsuit is generally on physical injury, other factors can also be taken into consideration.  For example, if the person has suffered extreme mental or emotional stress due to someone else’s action or negligence, this too is considered to be a form of injury.

What are common causes of personal injury?

Many scenarios can lead to a personal injury lawsuit, from medical malpractice to car accidents to defective products and other instances where an individual’s carelessness or negligence resulted in another’s injury.

Isn’t a personal injury lawsuit quite costly?

Most attorneys work on a contingency fee basis, meaning they do not get paid unless they recovery monetary damages for their client. Even if you have a limited income, you should not let the potential cost of a lawsuit deter you from seeking assistance for a personal injury claim.

Defective Product Claims

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If you have been injured as a result of a defective or unsafe product, you may be able to seek remedy through a product liability claim. The surviving family members of an individual that is killed by a defective product may also be able to file a lawsuit. Review the following questions about product liability lawsuits to learn more about your rights.

What is a product liability lawsuit?

A product liability lawsuit is a civil action that holds the parties responsible for a defective product liable for the injuries that product causes. Product liability claims are typically filed against product manufacturers, designers, and/or distributors and can include a range of products, from food and tools to children’s toys and automobiles.

What is meant by strict liability?

Strict liability is one of the potential theories of liability in a product liability claim. It refers to a party being held liable for the injuries caused by a product even though they did everything they could to prevent a problem. In other words, the party’s negligence is not the issue. Rather, the mere fact that you have been injured by the product is the basis of the suit.

Is there time limit for filing a product liability lawsuit?

Yes, and the statute of limitations for a product liability claim will vary from state to state. To protect your right to recover damages, you should file your claim as soon as possible.

What damages can be awarded?

The amount of the damages in a product liability claim will vary depending upon individual cases. Virtually all cases involving personal injury will seek compensation for medical expenses, loss of income, and pain and suffering. Cases involving wrongful death may seek compensation for funeral expenses, loss of benefits, loss of support, and related damages.

Do I need a lawyer?

Product liability claims can be complex. An experienced product liability attorney can advise you on the best course of action to pursue and can ensure your rights are protected.

Medical Malpractice Lawsuits

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Medical malpractice claims can be confusing, and initially victims may not even be aware that their injury was caused by medical malpractice. Medical malpractice is defined as professional negligence by a healthcare provider. Medical malpractice claims can be filed against individual providers, such as surgeons or nurses, as well as healthcare organizations, such as a hospital or laboratory.

Examples of Medical Malpractice

Medical mistakes are all too common. However, to be considered medical malpractice, certain elements must be present. Primarily, a plaintiff must show that the healthcare provider acted negligently, or below the professional standard of care, and that the negligence caused or contributed to the patient’s injury. Examples of common medical malpractice cases include: surgical errors, medication errors, nursing home abuse, birth injuries, and failure to diagnose or misdiagnosis claims.

Damages in a Medical Malpractice Claim

In cases where medical malpractice resulted in injury to a patient, a personal injury claim may be filed to seek compensation for pain and suffering, medical expenses, lost wages, and other damages. In cases where medical malpractice resulted in death, the family and heirs may file a wrongful death lawsuit requesting compensation for loss of companionship, loss of support, funeral expenses, medical expenses, and other damages. Compensation can vary significantly based on the details of your individual claim.

Filing a Medical Malpractice Claim

If you suspect your injury or your loved one’s death was a result of medical malpractice, speak to an attorney about your case. An attorney can evaluate your claim and help you determine the best course of action to pursue to ensure your rights are protected. Because there are deadlines for filing medical malpractice claims, it is essential that you contact a lawyer as soon as possible.

Motorcycle Accident FAQ

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If you have been involved in a motorcycle accident, you might be confused about how to proceed. Review the following frequently asked questions about motorcycle accident lawsuits to learn more about how to protect your rights.

What kind of lawsuit can I file after a motorcycle accident?

The type of lawsuit that can be filed after a motorcycle accident depends on the nature of the accident, and the extent of your losses and injuries. If you are injured as a result of another party’s negligence, you may be able to file a personal injury claim. If your loved one is killed in a motorcycle accident, you may be able to pursue a wrongful death claim.

How long do I have to file a lawsuit?

Each state has its own statute of limitations for filing a motorcycle accident claim. This time period during which you can file a lawsuit might vary from as little as one year in some states to several years in other states. If you miss the deadline to file a claim, you will lose any chance of receiving compensation for injuries or losses resulting from a motorcycle accident. So, it is imperative that you seek legal advice as soon as possible.

Do I need a lawyer?

While it is possible to file a claim without a lawyer, the process can be time consuming and confusing. Motorcycle accident laws can be complex, and an attorney can help you understand that laws that apply to your claim, determine the best course of action to pursue, and ensure your rights are protected.

How much compensation will I receive?

Compensation in a motorcycle accident claim depends on the nature and severity of injury and/or property damage sustained as a result of the accident. Typically, most claims seek compensation for medical bills, lost wages, pain and suffering, property damage, and other damages.