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Frequently Asked Questions

What is personal injury?
Personal injury is a physical or psychological injury caused by another.  An individual or company which acts negligently, intentionally or unintentionally, may be held liable for causing injury to a person.  Lawsuits involving personal injuries are handled in civil court, where financial compensation is provided as opposed to criminal court where criminal penalties such as imprisonment are enforced.

What is negligence?
General negligence may be described as any failure to act with reasonable care that causes injury to another.  

What is liability?
Liability is defined as “legal responsibility for something, especially costs or damages.”  If someone else, intentionally or unintentionally, caused your injuries, they may be liable.  The liable person is responsible for your medical care, lost earnings and other damages associated with your injuries.

What is financial compensation?
Financial compensation is money paid by an at-fault party (the defendant) to the injured party or family member (the plaintiff).  This money is meant to compensate the plaintiff for injuries and losses the defendant caused.

What are compensatory damages and punitive damages?
Compensatory damages are paid to a plaintiff to help the plaintiff return to the same lifestyle before the accident occurred.  Compensatory damages include money for medical care, lost wages, pain and suffering and future medical expenses.  Punitive damages are meant to punish the defendant.  Punitive damages vary depend on state law and the circumstances of the case.

What factors determine what my case is worth?
The primary factor determining the value of your case is the extent of the physical injury you have experienced.  The amount of your medical bills and time away from work coupled with long lasting consequences and permanent disability are substantial factors in your compensation.  Future lost earnings and emotional trauma you experience will also influence the value of your case.

If I lost a loved one, can I file a lawsuit against the at-fault party?
You may be entitled to file a wrongful death lawsuit against the person or company that caused your loss.   Medical bills, funeral costs, lost earnings, pain and suffering, and loss of love, guidance and companionship are all compensable in a wrongful death case.

If I was injured at work, do I file a personal injury lawsuit?
It is possible that you may be entitled to workers compensation benefits and other financial compensation through a personal injury lawsuit.  If a third party (someone other than your employer or coworker) contributed to or caused your injuries, you may file a personal injury case in addition to a workers compensation case.