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Personal Injury FAQ
1. What is personal injury law?
Personal injury law, also known as tort law,
is a civil wrong or wrongs recognized as
legal causes for lawsuits. Injuries
sustained by the victims of such wrongs
provide the basis for a claim for damages
incurred by the injured party.
2. What is the definition of tort law?
Tort law is broken into three categories:
-
Intentional tort - the Defendant knew, or
should have known, injury could occur as a
result of his/her actions or inactions.
-
Negligent tort - the Defendant was unaware
that an injury could occur as a result of
his/her actions, and at the same time, the
Defendant was not acting in a safe manner.
-
Strict liability tort - a specific action
caused the damages rather than the lack of
care on the defendant’s part.
3. What are the most common personal
injury lawsuits?
The most common Personal Injury cases are
car accidents; however
dog bites and
slip and falls are a close second. Others
include sexual abuse,
wrongful death, denial
of civil rights,
unfair employment
practices,
medical malpractice, professional
malpractice,
product liability, slander and
damage to property. When you have received
an injury to yourself or your property, seek
advice from a personal injury attorney.
4. What is a Deposition?
A deposition is a statement given under oath
before a Court Reporter. This is usually
done in a lawyer's office where the witness
answers questions given by the attorneys
representing both parties to the case. The
reporter makes a written transcript of
everything said at the deposition and the
witness signs the transcript swearing it is
an accurate rendition of the evidence he
/she gave.
5. How will I pay all my medical bills?
If you have been injured, you will likely
have medical bills from physicians,
hospitals, physical therapists, and other
health care providers. Those bills will be
in your name and will usually be sent to
your address. You are primarily responsible
for paying your bills, regardless of the
cause of your injuries. The at-fault
person's liability insurance carrier is
responsible for paying you reasonable
compensation for damages incurred, which
includes medical bills.
6. What issues will I face in making a
claim for my injuries sustained in an auto
accident?
A claim for injuries, sustained in an
automobile accident, is usually based upon
carelessness or negligence. In worse case
scenarios, it is based on an intentional or
reckless act.
The two categories of issues that typically
arise in a tort claim after an automobile
accident are the following:
-
Liability – who is at fault and to what
degree
-
Damages – injuries or losses that were
caused by the accident
7. If I slip and fall at a business, is
the owner of the business or other premises
legally responsible for injuries sustained?
Typically, it is the duty of an owner to
exercise reasonable care in the maintenance
of the premises and to warn a visitor of any
dangerous conditions that are known. For
example, if an owner, or his employees,
knows that there has been a spill within
their establishment, then they must act
reasonably to clean up the spill and to
prevent visitors from walking through the
spill.
It is the responsibility of your experienced
personal injury attorney to gather the
relevant facts and to know the applicable
legal principles in order to determine if
the owner can be held liable for the
injuries caused in a fall. Frequently, it is
a difficult process because most of the
evidence and testimony must come from the
owner and his employees.
For more information, please see our related
pages:
Personal
Injury
Car Accidents
Dog Bites
Medical
Malpractice
Motorcycle Accidents
Pharmaceutical Negligence /
Vioxx
Product
Liability
School
Bus Accidents
Slip and Fall
Wrongful Death
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