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Frequently Asked Questions
The information presented at this site is not, nor is it intended to
be, legal advice. You should contact an attorney for advice specific
to your own unique situation.
Table of Contents
- I was recently involved in an auto accident.
The other driver's insurance company has already contacted me and offered a
settlement. Should I talk to a lawyer before accepting?
- I recently underwent back surgery for injuries
sustained in an auto accident. The other driver's insurance company has offered to fix my vehicle
but that's all. Am I entitled to anything else?
- What is a wrongful death claim?
- What is a survival action?
- Do special rules apply to lawsuits filed on
behalf of minors?
- What are punitive or exemplary damages?
-
When is a store responsible for a "slip and
fall" accident?
An experienced lawyer will be able to properly
evaluate your case and alert you to issues you may not have considered.
For example, if the accident recently occurred your physician may not have
had the opportunity to fully diagnose your injuries. If you accept the
settlement, you may waive all claims for undiagnosed injuries. Moreover,
you may be entitled to compensation for multiple elements of damage. It
is not uncommon for insurance companies to make "low-ball" offers to un-represented persons.
Assuming the accident was the other driver's fault, and your treating
physician has determined your injuries were caused by the accident, you
may, depending on the severity of your injuries, be entitled to compensation for
the following elements of damage:
a) physical pain and suffering;
b) mental anguish;
c) disfigurement;
d) physical impairment;
e) cost of medical care; and
f ) loss of earning capacity.
In addition to personal injury damages, you may also be entitled to
compensation for the loss of use of your vehicle and diminution in value.
Generally, you must file suit within two years from the date of the
accident. If you fail to file suit in a timely manner you may be barred
from pursuing your claim. Different rules may apply to cases
involving minors. You should consult an attorney to determine the statute
of limitations applicable to your case.
In a wrongful death claim, the plaintiff sues to recover damages for his own
injuries, not the injuries suffered by the decedent. Suit may be brought
by the surviving spouse, parent or child of the decedent. A plaintiff may
be entitled to compensation for economic damages, mental anguish, loss of
companionship and loss of inheritance.
A survival actions differs from a wrongful death claim in that the legal
representative of the decedent brings suit to recovery damages for the injuries
suffered by the decedent prior to his death. Recoverable damages may
include physical pain, mental anguish, medical expenses and funeral
expenses. Any recovery belongs to the decedent's estate.
Yes. A minor cannot file a lawsuit in his/her own name. A suit to
recover damages on behalf of a minor must be brought through a "next
friend" (typically a parent or legal guardian). In addition, any
settlement on behalf of a minor must be approved by a guardian ad litem. A
guardian ad litem is an attorney appointed by the court to examine the proposed
settlement to ensure the settlement is in the best interest of the child.
Moreover, funds due to the minor are typically paid into the registry of the
court. The funds will be released when the minor reaches age 18, or sooner
if approved by the court.
Exemplary or punitive damages are designed to penalize a defendant for
outrageous, malicious or otherwise morally culpable conduct and to deter such
conduct in the future. Exemplary damages may be awarded in addition to
actual damages in appropriate cases. Recovery of exemplary damages is
limited to the greater of the following: a) twice the amount of economic
damages, plus any non-economic damages found by the jury not to exceed $750,000;
or $200,000. Exceptions to the cap apply when the defendant's wrongful
conduct constitutes certain felonies under certain conditions.
A store keeper is responsible for a slip and fall accident when one of the
following is true: 1) store employees are directly responsible for the presence
of the foreign substance on the floor; 2) store employees knew the
substance was on the floor and negligently failed to remove it; or 3) the
substance was on the floor for so long that in the exercise of ordinary care, it
should have been discovered and removed.
