Personal Injury F.A.Q.
What is the basis for personal injury law?
How do I know if I have a personal injury case?
What can I do if I think I have a case?
1. What is the basis for personal injury law?
Personal injury law is based on negligence, strict liability, or intentional misconduct theories. Under a negligence theory, the question is whether the defendant failed to use ordinary care in the circumstances that led to the injury. Under strict liability, a manufacturer or designer may be liable for injuries caused by a defective product if that product was unreasonably dangerous, even though the manufacturer or designer used reasonable care in making or designing the product. Intentional misconduct includes battery (harmful or offensive contact), false imprisonment (wrongful detention), and intentional infliction of emotional distress (outrageous behavior resulting in severe emotional distress).
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2. How do I know if I have a personal injury case?
To have a personal injury case, you must be able to show that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that the someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are.
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3. What can I do if I think I have a case?
If your injury is minor, you may want to contact the person that you believe is responsible and ask for compensation. If this does not work, you should consult an attorney. If your injury is not minor, you should consult an attorney as soon as possible. To find a good personal injury lawyer, you may want to ask your friends or other lawyers that you know. You may also want to contact a local Bar Association for a recommendation.
4. How do insurance companies decide how much to pay in damages?
Insurance companies consider the actual monetary costs that you are facing. These costs may include medical bills and lost wages. Insurance companies also consider your pain and suffering and whether you have become disabled or disfigured.