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  • Personal Injury – Frequently Asked Questions

    Posted by Akbar Uchiha

    Personal InjuryQuestion: How to know if I have a personal injury case?

    Answer: First, you must have suffered an injury to his person or property. Second, you should consider whether your injury was the result of someone else’s error. It is not always necessary to have a physical injury to sue for damages. The personal injury claims are almost always based on a variety of nonphysical losses and damages. In an assault case, for example, no action needs to prove that the person to cause physical harm. It also might have a case if someone has attacked your reputation, invaded your privacy, or causes emotional distress.

    Question: How long after they are injured can file a lawsuit?

    Answer: Each state has certain limits, called “statutes of limitations,” which govern the time you have to start your personal injury lawsuit. In some states, you can only have one year to sue for car accident. If not start your case within the deadline, your claim will not be accepted. Consequently, it is important to speak with a lawyer as soon as you suffer or discover you have been injured.

    Question: What should I bring to the meeting with the lawyers?

    Answer: You must bring all documents concerning your case. The police reports, for example, contain eyewitness information and details about the conditions for auto accidents, fires, assaults. Copies of medical reports and bills from doctors and hospitals will help demonstrate the extent and nature of their injuries. Information on the insurance company of the person who caused the injury or damage is very important, as well as any photographs you have on the scene of the accident, property damage and injuries. The more information you can give your attorney the easier it is to determine whether your claim can succeed. However, do not worry if you do not have the documents for their first meeting, your attorney can get during the investigation.

    Question: What if a person dies before they can sue for personal injury?

    Answer: It depends if the person died as a result of damage caused by accident, or if they died of unrelated causes. If the injured person dies as a result of injuries, the heirs can collect money through a lawsuit, called wrongful death action. Even if a person who is filing a suit for damages died from other causes, the case almost always survives and may be continued by the executor or legal representative of the inheritance or estate of the deceased.

    Question: What is “negligence?”

    Answer: The most critical point in many personal injury cases is as expected a “reasonable person” acted in a situation that causes harm. A person is negligent when he or she does not act as required by the rules of an “ordinary reasonable person.” The determination of whether a person either has reached the standards of an “ordinary reasonable person” is almost always something that is resolved by a jury after presentation of evidence and arguments at trial.

    Question: What if I can not prove someone’s negligence caused my injury? There is another basis for further guilty of negligence?

    Answer: Yes, some people or companies may be encountered “strictly guilty” of certain activities that harm others, even if they have not acted negligently or with malicious intent. Under this theory, a person who is injured by a product that is defective or unexpectedly dangerous, for example, may seek compensation from the manufacturer or the seller of the product without need to prove that these were actually negligent. In addition, companies or individuals engaged in using explosives, storing hazardous substances, or have dangerous animals can be found guilty of injury to others as a result of such activities. The theory behind this guilt is that those who lead such activities present an unreasonable risk of harm to members of the community. So anyone who carries out these activities do so at your own risk and is guilty if something happens and there is damage or injury to others. The people who create these risks are therefore responsible for what.

    Question: We punish the person who caused me harm?

    Answer: Not in the literal sense of the word. The defendants in civil actions for personal injury cases do not receive jail sentences and criminal fines as punishment. However, in some cases, juries and courts can award what are called punitive damages, which are designed to punish defendants who have behaved without regard or intentionally against the public interest. The goal in ordering payment of punitive damages is to discourage such defendants and others not to continue this type of behavior in the future.

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