What is negligence?
Negligence If you have a been injured in an accident of some kind, you may have a claim for the personal injuries you have suffered. When you have a personal injury action (or any tort claim), you must be aware of negligence. The defendant may...
Can I Get Compensation for My Injuries if an Accident Might Have Been Partly My Fault?
Comparative Fault If you may be partly to blame for your injuries, you may or may not be able to recover damages. It depends on the jurisdiction you are in. A minority of jurisdictions follow contributory negligence: Under this rule, if your own negligence caused your...
Can I Get Compensation for My Accident Injuries if I Have a Preexisting Medical Condition?
Pre-existing Condition Generally, if an individual has a preexisting condition, he or she may not recover damages for injuries related to that condition. However, the preexisting condition does not bar an injured person from recovering damages that were caused by the...
Dangerous Or Defective Products
Products Liability A person injured while using a product that was manufactured or marketed in a defective or dangerous way may be able to recover the resulting damages from the responsible party in a products liability-based personal injury suit. Products liability...
Plant And Refinery Accidents
Industrial Accidents Much like a plant's technology and equipment, the laws relating to plant accidents are complicated. Which is why victims of a workplace accident require legal representation from attorneys with an in-depth knowledge of those laws, as well as the...
What Happens If My Damages Are Greater Than The Insurance Money Available For The Claim?
Excess Damages Unless your defendant is a solvent business, or an individual with considerable assets, it will be extremely difficult to recover more than the limits of the other driver’s liability coverage plus your own uninsured/underinsured motorist coverage (UM). ...
Who Is Responsible For My Medical Costs: My Health Insurer or My Auto Insurer?
Medical Bills If you have health insurance, you’ve been paying premiums every month in exchange for your health insurer’s promise to pay for your medical treatment when you need it. You should use your health insurance when you seek treatment for your injuries. If...
How do I support myself financially if I am hurt? Can my attorney loan me money?
Your attorney is allowed to and normally will advance case costs, which may include related medical expenses as well as court costs and other incurred expenses. Your attorney is not a bank, however, and is not allowed to loan you money except under extraordinary...
What Can I Recover If The Other Party Isn’t Insured?
No Insurance If the other party isn’t insured, you can recover from your own insurance company if you have uninsured/underinsured motorist coverage (UM). It’s always a good idea to purchase UM coverage with the same limits as your liability coverage. If the other...
Does It Hurt My Case If I Have Been Involved In Previous Accidents And Filed Suit?
Prior Accident Not necessarily. Someone who causes an accident “takes his victim as he finds him”, and is responsible for whatever injuries he causes or aggravates. Just because you were injured before doesn’t mean you can’t be injured again; on the contrary, you may...
