Personal Injury Attorney FAQ

Q: How do I know if my injury qualifies for a personal injury claim?

A: To answer this question we will assume that you have already suffered an injury either physical or emotional. If your injury happened because of someone else’s fault then you probably have a case. Another interesting detail to note is that you don’t have to be physically harmed to file an injury lawsuit. In various circumstances, victims suffer from emotional distress and psychological problems for prolonged periods of time after the intentional infliction.

Q: What is emotional distress and how is it proven?

A: Emotional distress is defined in most cases as mental anguish such as fright, dismay and humiliation and must be supported by proving (1) the distress is more than fleeting (2) the defendant’s conduct caused the distress (3) the distress is medically significant.

Q: It has been a while after my injury; can I still file a lawsuit?

A: It depends on the state. Statutes of limitations limit the amount of time an individual has to file a lawsuit. Missing the limitations deadline can result in loss of legal rights to file injury lawsuits. You should consult an attorney to find out more.

Q: What should I bring when meeting an attorney?

A: Attorneys may conduct their own investigations to obtain any necessary documentation and evidence to support your claim. However, the more you bring with you the less work your attorney will have to do and the faster they can process your claim. Consider brining any documents, evidence or other paperwork related to your injury in any way whatsoever. Some of this material may include: hospital bills, medical reports, police reports, eyewitness information, photos of the scene, photos of injury and property damage and anything else you think may be relevant. Basically, the more information you can provide, the easier it will be for an attorney to determine whether you have a case.

Q: What happens if the person dies from injuries before he/she is able to file a lawsuit?

A: In the situation that death from injury occurs before a lawsuit is filed, heirs of the deceased may pursue wrongful death action.

Q: What makes a person or their actions negligent?

A: There are certain legal criteria that describe “ordinary reasonable person” and their actions. When an individual fails to meet this criterion, their actions are said to be negligent. To determine whether someone has met the “ordinary reasonable person” criteria is up to the jury to decide.

Q: What if I can’t prove negligence in cause of my injury, can I still sue?

A: Yes. At times, the principle of “strict liability” is applied to the circumstances. When someone is strictly liable for an injury, the injured does not have to prove acts of negligence or intent to proceed with the lawsuit. A good example of this is product liability and injuries arising from foreseeable and unresolved product defects. In cases of product liability, the manufacturer or anyone in the supply chain of the product did not intend any harm to an individual and did not act negligently. However, if the product defect was foreseeable and could have been resolved prior arriving in the hands of the consumer, then the responsible party could be held strictly liable.

Q: How will the ones who caused me injury be punished?

A: Personal injury lawsuits are treated as civil actions. This means there is no criminal punishment, only financial awards and at times punitive damages to discourage further behavior that is being questioned.

DISCLAIMER: Any and all content on this website including the Frequently Asked Questions is intended as purely informational material. Such content may be inaccurate and is not legal advice, and should never be treated as such. Only direct advice from the legal counsel should be used in legal matters.

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