What should I do if I have been injured?
This legal information is not to be used as a substitute for
the advice of an attorney. If you are injured in a motor vehicle
accident, a police officer should be promptly called to the
scene of the accident and a report of the incident made. Any
injury, no matter how minor should be reported immediately to
the police officer. It may become more significant later, even
though it seems minor at the time of the accident. It is most
important to seek prompt medical treatment. Do not sign any
authorizations or give any statement to representatives of the
other parties' insurance carrier without the advice of your
own attorney. Finally, faithfully follow your doctor's advice.
In general, your health is of the utmost concern and any
injury should not be ignored. You should always seek competent
medical advice if you believe you have been injured. In the
event the injuries seem serious, you should promptly consult
an attorney in order to protect your legal rights before discussing
your injuries with representatives of companies that insure
those who have caused your injuries.
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How do I know if I may need an attorney?
If you have sustained only minor injuries and you are certain
that you are well and your injuries will not get worse, you
may not need a lawyer. However, if you are not certain of
the extent of your injuries or if your injuries disable you
from performing your normal duties, an experienced attorney
may be crucial to you and your family.
When you or a family member are the victim of a serious injury,
you are often at your most vulnerable. The insurance adjusters
have been trained to understand the legal implications of
an accident, and all too often offer smaller amounts of compensation
for lost wages, medical expenses, pain, and suffering than
you should receive. Their job is to achieve a low financial
settlement and to obtain your signature on a release. Don't
start your personal injury case at a disadvantage. An experienced
attorney will be able to evaluate your case and advise you
concerning your legal rights. It is important that you do
not make a statement or give medical authorization to the
insurance company, if you think you need to ask an attorney's
advice. And remember, delay in contacting an attorney may
be harmful to your case. The sooner you consult an attorney,
the better the opportunity for a successful investigation
and preservation of evidence for your case.
In order to protect your legal rights and your family's future,
you should consult with an attorney as soon as possible after
an injury occurs.
There is a statute of limitations that requires you to file
suit within a specific period of time, depending upon the
circumstances of your case, or else you will be prohibited
from obtaining any compensation for your injuries.
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What is "Liability"?
The term "liability" generally means that an individual,
company or some other entity may be obligated to pay damages
or compensation to another.
The negligent driver, manufacturer or seller of a product,
is responsible or "liable" to pay for damages including
pain and suffering and financial losses if they are caused
by his or her carelessness.
Liability or responsibility depends upon the duties imposed
by the law. An attorney will be able to analyze who may or
may not be liable in a particular case.
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What is "Comparative Negligence"?
The term "negligence" denotes the failure to act
as a reasonable, careful, and prudent person would act under
the same or similar circumstances. Simply stated, negligence
is carelessness.
Unfortunately, injuries can and do result because of the
negligence or carelessness of more than one person. This sometimes
includes the injured party. In such situations the injured
party is not prevented from obtaining compensation for his
or her injuries.
The term "comparative negligence: means that the fault
of all parties is compared and the amount of the recovery
for damages sustained by the injured victim is reduced by
the percentage of his or her own fault. In this way, each
person is held accountable for the amount of damages that
they caused.
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What if I've been injured in a motorcycle
accident?
If you are injured in a motorcycle accident, the police should
be immediately contacted so that a prompt investigation can
be done. You should also obtain the name and address of all
vehicle owner(s) and operator(s), as well as the name(s) of
their insurance carrier(s).
If you or a family member have been injured in a motorcycle
accident, it is important for you to know that a lawsuit must
be brought within two years of the date of the accident. In
all serious injury cases, an experienced personal injury attorney
should be consulted so that your rights are protected.
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What if I've been injured in a slip & fall accident?
Most businesses and homeowners carry liability insurance to
protect them in the event that someone is injured while on
their property. This would include "Slip and Fall"
type cases which are generally known as premise liability
cases.
The owner or possessor of a residence, land, or place of
business has the duty to exercise reasonable care for the
protection of those individuals who are invited to come upon
the premises. This would include those who, as members of
the public, come upon the land or enter a store or place of
business to shop or do business. In such cases, the owner,
company, or person occupying the premises must inspect the
premises to discover any dangerous conditions and warn the
invitee of dangers upon the premises.
Additionally, the property owner or possessor has a duty
to exercise ordinary care in maintaining his or her premises
in a reasonably safe condition in order to prevent injury
to persons on the property. Furthermore, owners or possessors
of land or buildings must take reasonable measures after an
accumulation of snow and ice to diminish the hazard of injuries
to others.
Landowners may also be responsible for injuries occurring
as a result of poorly maintained or poorly lit common areas
of a building such as stairways, sidewalks, and halls. Likewise,
homeowners may be liable for injuries which occur in their
homes or yards if such injury results from a condition which
presents an unreasonable risk of harm to those who have permission
to be upon the premises.
Those injured by a negligent owner or possessor of a premise
may recover damages for their injuries, including, loss of
income, medical expenses, pain and suffering, etc.
If you are injured upon someone else's property, you should
consult an experienced personal injury attorney who will be
able to analyze your case and the principles of law concerning
premises liability. You should not give an interview to insurance
adjusters of investigators hired by insurance companies until
you have consulted with an attorney.
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What if I feel I've experienced a wrongful
death?
The unexpected death of a loved one is always tragic, especially
if it was caused by the negligence of another. The loss of
a husband, wife, parent, or other family member is often devastating,
emotionally and financially to the entire family. If the death
is caused by the negligence of others, the law may allow the
family to recover monetary damages. All monetary damages cannot
replace the life of a beloved family member, such compensation
is, in many instances, the only way to provide for the financial
future of the family unit. Wrongful death lawsuits may also
help unsafe companies and individuals act in a more responsible
manner so that such tragedies are prevented in the future.
Medical, hospital and funeral and burial expenses along with
reasonable compensation for the pain and suffering undergone
by the descendent while he or she was conscious during the
time between his or her injuries and his or her death may
be recovered in a wrongful death action as damages. Losses
suffered by the family of the descendent as a result of the
death may also be recovered as damages and may include the
loss of the following: Financial support, services formerly
provided by the deceased, gifts or other valuable gratuities,
parental training and guidance, and the love, society and
companionship that the deceased can no longer give to the
family.
Although the amount of money to be awarded for certain elements
or damages cannot be proved in a precise dollar amount, the
law leaves it to the juries' discretion to determine what
should be awarded in monetary damages for each of the elements
claimed. A lawyer can help to evaluate these losses and to
recover compensation for such losses. There are certain time
constraints, however, and the law only provides a limited
amount of time in which to file a lawsuit for a wrongful death
action. You should consult with a lawyer promptly to obtain
advice as to your rights.
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