Q. If I am injured as the
result of an automobile accident, what should I do
first?
A. Obviously,
medical treatment takes priority. But there are some other things
you can do that will help you with your claim later on. Be sure to
get the names, addresses and phone numbers of the parties and
witnesses. Do not give any statement to anyone regarding how the
incident occurred except to the officers investigating the
incident. As soon as possible, write down any information that you
think may be useful later on. Particularly, write down any
statements that the witnesses or parties make at the scene. If you
are hurting or sore, do not say you are 'okay' or 'alright' when
anyone asks. Many times we do not know the extent of our injuries
until thereafter (for example, this occurs often with ruptured
disks, torn rotator cuffs, etc.). If you say that you think you are
'okay', this will be used to devalue your claim later on.
Q. If I slip and fall and
sustain injuries as the result of someone else's negligence, what
should I do first?
A. Follow the same
guidelines as set forth in the automobile accident question. But
there are some additional things you should do. As soon as
possible, look to see what caused your fall. Was it a wet, recently
mopped floor? Was it some food that had fallen off of a shelf? Was
it a condition in the floor that caused you to trip? Also, it is
important to determine, as best you can, how long this dangerous
condition existed. For example, did the substance have any
indication that it had been present for a while. (The classic
example is the banana peel that was brown and had obviously been
stepped on several times prior to the fall.) If the dangerous
condition had just been created by someone other than the business
owner or his agent, such business may not be liable if it is
determined that he did not have sufficient time to discover
this.
Q. What should I do if I
believe I am injured as a result of medical
negligence?
A. Get a copy of
all of your medical and surgical records as soon as possible
thereafter. These should be taken and reviewed by an attorney to
determine whether there was any negligence on the part of the
health providers.
Q. If I am injured as a result
of a defective product, what should I do?
A. It is important
to know the name of the manufacturer, the model number, and when
and where the item was purchased. Also, if you notify the
manufacturer about your injury, do not submit the item to them.
Q. What is necessary to prove
that someone is liable for causing my injuries?
A. You must prove
that an individual was negligent or reckless in his conduct, and
that such conduct was the proximate cause of your injuries.
Q. In establishing negligence,
would it matter if I was partly at fault?
A. Only if your
negligence was 50% or greater. In such case, a judge is required to
enter a verdict for the defendant.
Q. How do I prove
damages?
A. Most damages
are established through expert medical proof. Some damages, such as
lost wages, can be established by testimony from a factual witness
(e.g., a payroll supervisor). There are too many types of damages
to entirely set them forth in this limited forum. When you contact
an attorney, he or she will determine the extent of your
damages.
Q. If my case goes to trial,
what can I expect?
A. When you file
your complaint, you will have the option of requesting a jury. If
you do not ask for one, then the defendant(s) has the same option.
Thereafter, there will be a period of time during which discovery
is conducted. (This is the name for procedures utilized to discover
facts and information from the other parties and witnesses.)
Eventually, your case will be set for trial.
Q. What is the chance that my
case will be settled?
A. Most cases are
settled, thus obviating the need for a trial. Whether your
particular case is settled or not will depend on one simple thing.
Is the defendant (usually his insurance company) willing to pay you
what you will take to release your claim?
Q. Is there a difference if
someone intentionally caused my injuries?
A. In some
respects, yes. You still must prove liability and damages. However,
in this case, you would show that the person committed the offense
intentionally. (If you were unable to prove intent, you could still
fall back on negligence or recklessness.) One of the main
differences here is you could also seek exemplary or punitive
damages.
Q. Why should I retain an
attorney?
A. Most of the
time, when you are involved in a matter whereby you were injured as
a result of someone else's negligence, that person has insurance
for coverage (whether it is a car accident, injury from a defective
product, etc.). The insurance company has very experienced
individuals, called adjusters, who handle the claim for them.
Further, they have attorneys available to give them guidance
throughout your claim process. You will not get the upper hand on
an insurance company. However, they could very well get the upper
hand on you. The statements you provide and the documents you sign
could all be used to reduce the value of your claim. The insurance
company's goal is to minimize their loss. That means, reducing what
they pay you to settle the claim. You should have an attorney who
is experienced in these matters representing your interests to
insure that you receive the full value of your claim. Considering
that in most cases claimants receive a considerably higher amount
even after paying an attorney a fee, it seems worthwhile. Further,
your attorney will deal with the defendant and/or the insurance
company, will handle the procedures to effectuate a recovery for
you, and will be prepared to try the case, if it becomes
necessary.
Q. How much does an attorney
usually charge?
A. In this area
(and throughout most of the country), the standard fee is a
contingent 33% of your gross recovery. This means, if you lose your
case, your attorney receives no fee.
Q. What is
mediation?
A. Mediation is
generally a process used to attempt settlement of your claim. It
begins by the parties agreeing to a particular mediator. A
mediation conference is then held during which all sides are
separated and then take turns presenting their case to the
mediator. The mediator goes back and forth between the parties
listening and then presenting an objective perspective on the case.
If the parties do not reach a settlement, they still have the
option to try the case.
Q. What is
arbitration?
A. Arbitration is
a process whereby an agreed upon third party, the arbitrator, hears
a presentation by all parties of alleged facts and law. The rules
that would be used in court concerning procedure and evidence are
significantly relaxed. Generally, the arbitration is binding,
meaning that the arbitrators findings are conclusive and final, and
there is no trial or appeal thereafter.
This
is an area of civil law that concerns injuries one may sustain to
their person as the result of another's negligence. These injuries
may arise out of automobile, train or plane accidents; slip and
falls; botched surgical procedures; defective products; etc. The
injury may be minor, such as cuts and bruises, or grave, such as
death. The two principal concerns that must be established in any
personal injury claim are liability and damages.