|
Q: I've been hurt in an accident and I want to file a claim
for my injuries. What's the first thing I should do?
A: There are a number of things you can do in the
first few days and weeks after an accident to protect your right to
compensation, such as: 1) write down as much as you can about the
accident itself, your injuries and any other losses (such as wages)
you've suffered as a result of the accident; 2) make notes of
conversations that you have with people involved in the accident or the
injury claim; 3) preserve evidence of who caused the accident and what
damage was done by collecting physical evidence and taking photographs;
4) locate people who witnessed the accident and who might be able to
help you prove your case; 5) notify anyone you think might be
responsible for the accident of your intention to file a claim for your
injuries, especially if a government agency or employee may be involved;
and 6) contact a personal injury attorney to evaluate and pursue your
claim.
Q: How do I know if I have a personal injury case?
A: First, you must have suffered an injury to your
person or property. Second, you should consider whether your injury was
the result of someone else's fault. It is not always necessary to have a
physical injury to bring a personal injury lawsuit. Personal injury
claims are often based on a variety of non-physical losses and harms. In
the case of an assault, for example, you do not need to show that a
person's action caused you actual physical harm, but only that you
expected some harm to come to you. You also may have a case if someone
has attacked your reputation, invaded your privacy, or inflicted
emotional distress upon you.
Q: How soon after I am injured do I have to file a lawsuit?
A: Every state has certain time limits, called
"statutes of limitations," which govern the amount of time you have to
file a personal injury lawsuit. If you miss the deadline for filing your
case, your claims can be dismissed. Consequently, it is important to
talk with a lawyer as soon as you receive or discover an injury.
Q: I've been hurt in an accident and I want to file a claim
for my injuries. What's the first thing I should do?
A: There are a number of things you can do in the
first few days and weeks after an accident to protect your right to
compensation, such as: 1) write down as much as you can about the
accident itself, your injuries and any other losses (such as wages)
you've suffered as a result of the accident; 2) make notes of
conversations that you have with people involved in the accident or the
injury claim; 3) preserve evidence of who caused the accident and what
damage was done by collecting physical evidence and taking photographs;
4) locate people who witnessed the accident and who might be able to
help you prove your case; 5) notify anyone you think might be
responsible for the accident of your intention to file a claim for your
injuries, especially if a government agency or employee may be involved;
and 6) contact a personal injury attorney to evaluate and pursue your
claim.
Q: How do I know if I have a personal injury case?
A: First, you must have suffered an injury to your
person or property. Second, you should consider whether your injury was
the result of someone else's fault. It is not always necessary to have a
physical injury to bring a personal injury lawsuit. Personal injury
claims are often based on a variety of non-physical losses and harms. In
the case of an assault, for example, you do not need to show that a
person's action caused you actual physical harm, but only that you
expected some harm to come to you. You also may have a case if someone
has attacked your reputation, invaded your privacy, or inflicted
emotional distress upon you.
Q: How soon after I am injured do I have to file a lawsuit?
A: Every state has certain time limits, called
"statutes of limitations," which govern the amount of time you have to
file a personal injury lawsuit. If you miss the deadline for filing your
case, your claims can be dismissed. Consequently, it is important to
talk with a lawyer as soon as you receive or discover an injury.
Q: What should I bring with me for my meeting with a lawyer?
A: You should provide a lawyer with any documents
that might be relevant to your case. Police reports, for example,
contain eyewitness information and details about the conditions
surrounding auto accidents, fires, and assaults. Copies of medical
reports and bills from doctors and hospitals will help demonstrate the
extent and nature of your injuries. Information about the insurer of the
person who caused your injury is extremely helpful, as are any
photographs you have of the accident scene, your property damage, and
your injury. The more information you are able to give your lawyer, the
easier it will be for him or her to determine if your claim will be
successful. If you haven't collected any documents at the time of your
first meeting, however, don't worry; your lawyer will be able to obtain
them in his investigation of your claim.
Q: What if a person dies before bringing a personal injury
lawsuit?
A: It depends on whether the person died as a result
of injuries from the accident, or from unrelated causes. If a person
injured in an accident subsequently dies because of those injuries, that
person's heirs may recover money through a lawsuit known as a wrongful
death action. Also, even if a person with a personal injury claim dies
from unrelated causes, the personal injury claim survives in most cases,
and may be brought by the executor or personal representative of the
deceased person's estate.
Q: What is "negligence?"
A: The critical issue in many personal injury cases
is just how a "reasonable person" was expected to act in the particular
situation that caused the injury. A person is negligent when he or she
fails to act like the standard "ordinary reasonable person." The
determination of whether a given person has met his/her "ordinary
reasonable person" standard is often a matter that is resolved by a jury
after presentation of evidence and argument at trial.
Q: What if I can't prove someone's negligence caused my
injury? Is there any other basis for personal injury liability besides
negligence?
A: Yes; some persons or companies may be held
"strictly liable" for certain activities that harm others, even if they
have not acted negligently or with wrongful intent. Under this theory, a
person injured by a defective or unexpectedly dangerous product, for
instance, may recover compensation from the maker or seller of the
product without showing that the manufacturer or seller was actually
negligent. Also, persons or companies engaged in using explosives,
storing dangerous substances, or keeping dangerous animals can be
strictly liable for harm caused to others as a result of such
activities. The theory behind imposing strict liability on those
conducting such activities is that these activities pose an undue risk
of harm to members of the community. Thus, anyone who conducts such
activity does so at his own risk and is liable when something goes wrong
and someone is harmed. The people who create certain risks are thus made
accountable.
Q: Will the person who caused my injury be punished?
A: Not in the traditional sense of the word.
Defendants in civil actions for personal injury do not receive jail
terms or criminal fines as punishment. Those are criminal sentences, and
personal injury cases are civil actions. However, in some cases, juries
and courts can award what are called "punitive damages," which are
designed to punish defendants who have behaved recklessly or
intentionally against the public's interest. The goal in ordering the
payment of punitive damages is to discourage such defendants from
engaging in the same kind of harmful behavior in the future.
Q: What can I receive if my personal injury lawsuit is
successful?
A: Usually, a person who is liable for an injury and
therefore his or her liability insurance company must pay an injured
person for: medical care and related expenses; income lost because of
the accident; permanent physical disability or disfigurement; loss of
family, social and educational experiences; emotional damages, such as
stress, embarrassment, depression or strains on family relationships;
and damaged property. You will be awarded "damages," which is money
intended to restore you to the position you were in before your injury.
This money is not considered income, and is not taxable as income by the
federal government or the states.
|
