Personal Injury FAQs
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 a car 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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