Automobiles are at the center of more
lawsuits in the United
States
According to the U.S. Centers for Disease
Control and Prevention, in the year 2000 the estimated economic cost of motor
vehicle collisions (MVCs), or “car accidents,” was about $230 billion [Centers
for Disease Control (CDC), www.cdc.gov/motorvehiclesafety (2011)].
Every personal injury or tort claim—regardless of whether its basis is
negligence, strict liability or intentional misconduct—has two basic issues: (1) liability
and (2) damages. First, was the
defendant liable for the damages you suffered?
Second, if so, what is the nature and extent of the damages you
suffered? If you can prove liability and
damages, you are in the money; our American system of justice will award you
compensation for your losses.
Some often-asked questions about personal
injury, also with answers, are as follows:
1. Question: How do you know if you have a
personal injury case?
Answer:
It’s simple. First, you must have
suffered an injury to your person or property.
Second, your injury must be the result of someone else’s fault. Third, the injury must be the result of
someone’s unlawful action.
Fourth, consult an attorney for verification.
2. Question:
What kind of legal fees should I expect to pay in a personal injury
case?
Answer:
Personal injury lawyers generally charge their clients on a contingent
fee basis. That means you pay your
lawyer only if you win. You’ll sign what
is called a retainer agreement with the lawyer you choose to represent you,
clarifying all fees and charges.
Remember that even if you lose the case, you are likely to have to pay
the expenses of investigating and litigating your case, such as court filing
fees and payments to investigators, court reporters and medical experts, as
well as the expenses of securing medical records and reports.
3. Question:
Does a personal injury lawsuit have to be filed within a certain amount
or period of time?
Answer: Yes. Each state has certain time limits called
“statute of limitations,” that govern the period during which you must file a
personal injury lawsuit. Here in Maryland
In
many cases, injured parties under the age of eighteen at the time of their
injuries or accidents have until the day before their twenty-first birthday to
start legal proceedings for compensation.
Most courts have the discretion to extend or waive the limitation period
if it is considered fair and just to do so.
Another limitations exception is if the bodily injury is caused by
accident, the three year or so limitations period can start from the date or
point when the injured party knew or should have known that he or she had a
claim [see, s. 33 Limitation Act 1980; Richard Beaman, “The Three Year
Limitation of Claim,” Douglas Wemyss Solicitors (Leicester), October 14,
2010].
4. Question:
What if I get injured on the job?
Answer:
In addition to the already discussed personal injury or tort laws,
worker’s compensation laws may apply to your on-the-job injuries. Worker’s compensation laws, currently in
place in all 50 states and the District
of Columbia
5. Question:
What is medical malpractice?
Answer:
Medical malpractice is negligence committed by a professional healthcare
provider—a doctor, nurse, dentist,
technician, hospital or hospital worker—whose
performance of duties departs from a standard of practice of those with similar
training and experience, resulting in harm to a patient or patients.
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