Frequently Asked Questions (FAQs)
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What is personal injury law?
What is the definition of tort law?
What are the most common personal injury lawsuits?
What is a deposition?
How will I pay all my medical bills?
If I slip and fall at a business, is the owner of the business
or other premises legally responsible for my injuries?
What issues will I face in making a claim for my injuries sustained
in an auto accident?
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.
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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 or her actions or inactions.
Negligent Tort - the Defendant was
unaware that an injury could occur as a result
of his or 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.
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What are the most common personal
injury lawsuits?
When you have received
an injury to yourself or your property,
seek advice from a personal
injury attorney. The most common
personal injury cases are automobile
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.
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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 will
answer questions given by 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 or she gave.
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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 usually are 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. However,
there are physicians that work on a "lien
basis," meaning the physician will not
expect to be paid until your case is finalized.
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If I slip
and fall at a business, is the owner of
the business or other premises legally responsible
for my injuries?
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, know 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 it.
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.
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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 the worst-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.
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