Personal Injury and Wrongful Death FAQ

Automobile and Motorcycle Accident FAQ

Do I need to call the police?

Absolutely. The police will draw up a police report, which is an essential part of any auto accident claim.

Why do I need a lawyer?

A qualified auto accident lawyer will have experience dealing with insurance adjusters and insurance companies to get you the most compensation possible. Statistically, cases handled with an auto accident lawyer are more substantial than settlements reached without one.

Do I need to see a doctor even if I feel fine?

Yes. Oftentimes injuries from auto accidents don’t present themselves immediately after the accident, especially internal injuries. You should always seek medical attention after being involved in an auto accident, regardless of how you feel.

If you are not legally responsible for the auto accident, you will be able to receive compensation for any medical costs following the accident.

What should (or shouldn’t) I say to the insurance adjuster?

Insurance companies want to save as much money as possible. While it is okay to contact your insurance adjuster after the accident, it’s wise to have an experienced auto accident lawyer present to advise you.

I was involved in a motorcycle accident, but I don’t have a motorcycle license. Am I still entitled to compensation?

Depending on the laws in your state, you may be able to recover compensation from a motorcycle accident if you didn’t have a motorcycle license. Contact an experienced motorcycle accident attorney to help you determine the best way to receive compensation.

Can I still recover compensation if I wasn’t wearing a helmet during the accident?

Regardless of your state helmet laws, you may be able to recover compensation, especially if you are not liable for the accident. Regardless of fault, it’s a good idea to contact an experienced motorcycle accident attorney to help you through the compensation process.

What should I say to the other party involved in the accident?

It’s best not to say too much, especially anything that could unintentionally admit fault. After contacting the police, and calling an ambulance (if necessary), contact your lawyer who will be able to advise you when speaking to the other party and the party’s insurance adjuster.

Dog Bite FAQ

If a dog bites me, am I automatically entitled to compensation?

No, not necessarily. There are many contributing factors in determining compensation in a dog bite claim. A qualified attorney can get to the bottom of your dog bite case.

What kinds of dogs bite?

While some dog breeds are prone to being more aggressive, any dog has the potential to bite a person. Generally, dogs are more likely to bite if they are guarding their territory (or protecting an owner), if they’re surprised or provoked/threatened, or if they’re in heat.

Does a dog bite have to break the skin for me to file a dog bite claim?

No. As long as the dog bites, you may have a legitimate dog bite claim. Dog bite incidents can cause damage other than physical scarring, such as trauma-related responses.

What can I do if I am bitten by a dog while at work?

If you suffer from a dog bite at work, you may also be eligible for workers’ compensation in addition to compensation from a dog bite claim. Contact an experienced attorney to make sure you receive all that you’re entitled to.

What can I do if I am bitten by a dog on someone else’s property?

In addition to a dog bite claim, you may also be eligible to file a premises liability claim.

How long will my dog bite claim take to resolve?

Each claim is different and times vary from a few weeks to years. An experienced attorney will always make sure to attend to your claim in the most thorough and expeditious manner.

Workers’ Compensation FAQ

What is workers’ compensation?

Workers’ compensation is state-required insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job.

How do I know if my injuries are covered by workers’ compensation?

Just about all work-related injuries are covered by workers’ compensation, regardless of fault. If you are injured and would like to receive workers’ compensation, you don’t have to prove negligence or liability.

What injuries are not covered by workers’ compensation?

If your injury is self-inflicted, or a result of a crime you were committing, or if the injury occurred because of conduct that violates company policy, you are not likely to be eligible for workers’ compensation.

What if the injury wasn’t specifically work-related? Can I still be covered?

No. The injury must be directly work-related in order to be eligible for workers’ compensation. If you are unsure whether or not you’re injury is a result of your work or work environment, contact an attorney experienced in workers’ compensation cases.

What if my spouse dies as a result of a work-related accident?

If your spouse dies as a result of a work-related accident or illness, then you may be able to recover compensation. Additionally, any surviving children under the age of 18 may also be able to receive benefits from workers’ compensation.

Product Liability FAQ

What is a product liability claim?

A product liability claim holds the manufacturer, distributor, retailer, or wholesaler liable for a defective product that causes illness or injury. Depending on the nature of your product liability claim, you can hold the party in question responsible for strict liability, negligence, or breach of warranty.

What is a strict liability?

A strict liability claim means that you do have to show that negligence was the cause of the product liability claim. It simply holds the manufacturer, distributor, retailer, or wholesaler responsible for providing the defective product that caused injury or illness.

What is a product liability negligence claim?

A product liability negligence claim asserts that the manufacturer, distributor, retailer, or wholesaler was negligent due to failure to warn, a design defect, or a manufacturing defect.

What is a breach of warranty?

If the verbal or written product warranty is breached and you are injured as a result, you may be able to file a breach of warranty product liability claim. In some cases a warranty is implied and you may be eligible for file a breach of warranty product liability claim without an actual warranty.

Do I have to be the owner of the product in order to file a product liability claim?

No. Regardless of your relationship to the product—if you own, borrow, or rent—you maybe be able to file a claim.

Premises Liability FAQ

What should I do after I suffer a slip and fall or premises liability injury?

• Write down everything down.
• Get the contact information of witnesses.
• Take photographs and collect as much evidence as possible.
• Have a doctor evaluate you as soon as possible.
• Keep track of expenses related to the injury (including medical expenses).
• Document all correspondence about the premises liability incident (including insurance companies).
• Contact an experienced premises liability lawyer.

What losses can I recover from my premises liability claim?

You may be entitled to compensation for the following:

• Lost Wages
• Medical Bills/Future Medical Costs
• Physical Therapy
• Pain and suffering/Mental Anguish
• Permanent Disability
• Loss of Enjoyment of Life

Should I accept a cash settlement from the insurance company for my premises liability injury?

Absolutely not. Accepting a cash settlement may adversely affect your premises liability claim. Insurance adjusters want to incur the least amount of financial damage possible. Contact an experienced premises liability lawyer to ensure you get the full compensation you’re entitled to.

If I slip and fall in a public place, can I sue the city?

It depends on the state and the nature of the incident. Contact an experienced premises liability attorney to figure out if you’re entitled to compensation.

Wrongful Death FAQ

What kinds of losses can I recover compensation for from a wrongful death claim?

• Loss of Anticipated Income or Benefits
• Loss of Inheritance
• Funeral Costs
• Medical Costs
• Mental Pain and Anguish
• Loss of Companionship

Who can file a wrongful death claim?

In most states, only the immediate family members of the deceased can file a wrongful death claim. Some states allow grandparents, aunts, uncles, or cousins to file a claim.

I’m under 18. Can I still file a wrongful death claim?

Only if you are the only remaining family member. In this case, the court may appoint a guardian to act on your behalf.

How long do I have to file a wrongful death claim after the death of my loved one?

The state’s statute of limitations determines how long you have to file a wrongful death claim. An experienced attorney will inform you of your state’s statute of limitations.

What is the difference between a criminal case and a civil wrongful death case?

If someone has broken the law and that results in the death of your loved one, the government can pursue criminal justice. When there is no crime, but negligence has caused the death of your loved one, you may pursue a wrongful death claim to recover compensation for your losses.

Medical Malpractice FAQ

Are doctors the only people I can file a medical malpractice claim against?

No. Medical malpractice suits may be filed against any health care provider including nurses and technicians.

Do I need to have an expert establish that I was harmed based on medical malpractice or negligence?

Yes. To win a medical malpractice case, you and your lawyer will need to prove that the standard of medical care was not followed. Experts in the field can give an unbiased assessment of your case that can help prove your claim.

What can I be compensated for in a medical malpractice case?

Recoverable losses depend on each case, but typically medical treatment (past, present, and future) associated with the malpractice case, any other financial damages or losses due to the incident, and compensation for pain and suffering.

What is an average or typical settlement amount?

Settlements vary from case to case and there is no set amount. Certain factors are taken into consideration when determining the settlement, such as impact the injury has on earning capacity, impact the injury has on day-to-day life, and medical costs associated with the incident.

Should I settle?

If you receive a settlement offer, you should consider it under the guidance of your attorney.