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Frequently Asked Questions


An overview on Personal injury :

The concept of bodily injury to a person is a very broad one. Depending upon the law of the state in which an incident occurred, bodily injury may include not only ordinary physical injury such as a broken leg, but also mental or emotional injury, such as emotional upset caused by witnessing a serious physical injury done to a close family member. Injury to property includes loss or damage to property such as a house, a car, or even a pet. Economic injury includes loss of pay and other types of money damages.

The law of personal injury is concerned with determining:

- Who may be responsible (who is "liable," or has "liability") for causing injury.
- How much the responsible party should be required to pay for any damages resulting from the injury.
There are a number of broad principles applying to the law of torts, in general,
and to personal injury in particular.

Q What do we consider a Lawyer that is a Personal Injury Expert?

An expert is an authority in any discipline that requires specialized knowledge
and/or experience in Injury cases. They may evaluate the facts, render a
supportable opinion, recommend a course of action, or implement a plan or
a strategy to obtain the maximum compensation allowable under applicable law..

Q Who can become an Expert in our Service?

Highly rated lawyers with a pre-eminent status that possess any specialized knowledge, skill, education, experience, or training in a specific area of personal injury. This Lawyers must have a track record of successful verdicts and settlements. Each application is carefully screen by a State Bar Approved board of Directors.

Q What is civil law?
Principles that govern relationships between people, where no crime has been committed.

Q What is a class action lawsuit?
When a large group of plaintiffs sue a large group of defendants naming a representative in place of the entire group. Examples would be the tobacco industry suits and the suits against the drug manufactures of the popular diet medications, such as fen-phen.

Q How do you define negligence?
The most common tort--and the one most difficult to define--is negligence. Negligence is defined as the failure to use reasonable care to avoid a foreseeable harm to a person, place or thing. An individual will be liable if his or her unreasonable act or failure to act causes an injury, even if the harm is unintentional.

Q Some common negligence claims involve:
- slip and fall accidents (a person slips, falls and is injured on someone else's property);
- alcoholic beverage liability (a provider of alcohol--either a social host or bartender--serves too many drinks to an underage or noticeably intoxicated individual who is then involved in an accident that causes injury to a third person);
- injuries on the job (workplace accidents);
- motor vehicle accidents (accidents caused by reckless or careless driving); and
- medical malpractice (when a doctor doesn't maintain the level of skill and knowledge commonly exercised by other doctors).

Q What are punitive damages?
Damages awarded to punish the defendant.

Q What does pain and suffering include?
This would generally be money awarded over and above medical costs and lost wages.

Q What is loss of consortium?
A loss of companionship and care for the victim's marital partner.

Q What is a tort?
Conduct intended to harm another person or their property. Examples include fraud, misrepresentation and slander.

Q How is negligence determined?
Negligence does not simple mean doing something wrong. All of the following elements must exist for an act to be considered negligent:

a. Lack of reasonable care
b. Breach of duty
c. Injury to the victim
d. Forseeability (knowing an act would occur based on the circumstances)
e. Damages

Q What is wrongful death?
Laws that give survivors a cause of action against someone who's negligence resulted in the victim's death.

Q What is an appellant?
The party who lost at trial is called an appellant on appeal.

Q What is litigation?
A lawsuit.

Q How do you define strict (absolute) liability?
Strict or absolute liability means that the defendant is responsible for injuring another person regardless of negligence or intent. Some instances in which the law might apply strict liability are with regard to product liability, abnormally dangerous or ultra-hazardous activities and animal owner's liability.

If you have any questions about the information provided above, please contact us.

Call us or click here to get a referral to an ASN's panel lawyer.

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