PERSONAL INJURY - FAQ'S ABOUT PERSONAL INJURY CLAIMS

What law governs my ability to seek personal injury damages?

Tort law is governed by each state through the judges (common law) and the individual state legislatures (statutory law). If the case is against a government entity, then the Federal Tort Claims Procedure, Title 28, Chapter 171 of the US Code is the Judiciary and Judicial procedure used.

What is a tort?

A tort is a civil action recognized by law as grounds for filing a lawsuit.

What is an intentional tort?

An intentional tort is when the defendant knew or should have known what would happen as a result of his/her actions or inactions.

What is a negligent tort?

A negligent tort is when the defendant didn't know what would happen as a result of an action and was not unreasonably unsafe.

What is a strict liability tort?

A strict liability tort is when a specific action, not the degree of carefulness, causes damage.

How are damages suffered determined?

A combination of variables is calculated, including medical and therapy expenses, any lost wages, pain and suffering, and punitive damages for grossly irresponsible behavior.

What is the first thing I should do after I am personally injured?

a) Write down as much as possible about your injury and how it came about. Include information about any accident or wrongdoing, your specific injuries, losses caused by the injury, and any conversations you may have had with any person involved.

b) Write down and preserve any evidence of fault or damage by returning to the scene of the injury or accident if possible, take photographs, locate witnesses, and secure and protect any physical evidence.

c) Notify all people who may have any responsibility in your claim to let them know of your intent to file a lawsuit.

Is there a deadline for filing a personal injury claim?

There is a deadline for filing claims that is determined by the individual state 'statute of limitation' for the state of filing.

When should I speak to a lawyer?

You should speak to a lawyer as soon as possible. They will be able to evaluate your claim to see if you have a case and advise you of any outstanding issues.

Will I have to pay for the lawyer?

Paying for a lawyer in a personal injury case is dependent on the merit of the case. Some personal injury lawyers will take a case on full contingency, meaning they will only receive money if you win the case and receive a settlement. Some lawyers will still bill you for expenses during the preparation and the trial of the case depending on the merit of the case.

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