Untimely death of a loved ones is one of the most difficult time for the loved one’s family or friends. However, in some cases, someone else might be at fault and in those cases, when someone else was negligent, you might be entitled to a compensation. These type of compensations are achieved through a wrongful death lawsuit.

Here, we will discuss what different type of accidents can lead to a wrongful death lawsuit.

Commercial trucking accidents

Most of the time, commercial trucking accidents are classified as auto accident. However, they are different from passenger vehicle accidents in a lot of way. One of the main difference is the mere size of the truck. Since commercial trucks are often heavy and large, they are most likely involved in accidents that result in death.

Commercial truck operation has a lot of elements in it, and each one of them has to be examined by the personal injury or wrongful death lawyer in order to determine how the accident occurred. These elements can include

  • Mechanical failure
  • Incorrect maintenance of the truck
  • Oversized loads
  • Loads that weren’t properly secured
  • Driving error and
  • Driving under the influence of some substance (alcohol or drugs)

In order to determine which party, or parties, are liable in the wrongful death of your loved one, the attorney will review every relevant aspect of the commercial truck operation.

Wrongful Death Through Car Accidents

Traffic collision involving passenger vehicles are one of the most common types of accidents that lead to a wrongful death case. This is due to the number of people that drive and how often they drive.

According to the 2019 NHTSA statistics, over 39,000 car accidents in the US had a fatal outcome. Only in Arizona, there were 911 fatal crashes, and even though this is the lowest number in the past three years, that is still an alarming number

Many of the fatal car accidents are caused by the negligence or one or more drivers. These can be categorized as:

  • Distracted driving
  • Drunk driving or driving under the influence
  • Roadway issues
  • Speeding and
  • Driving while drowsy

Bicycle, Pedestrian or Motorcycle accidents

People that commute with bicycles, motorcycles or on foot, are more likely to be killed in vehicle accidents. This is because they lack the necessary protection that vehicle d rivers have during the collision.

In the majority of these cases, the pedestrian, bicyclist or motorcyclist are killed in accidents mainly because of the negligence of the driver.

Medical malpractice and wrongful death

Even though hospitals should be a safe place, where healthcare providers should be skilled and well-trained to avoid harming the patients. We even have safety protocols set up in all hospitals. But despite that, medical negligence occurs and it can be fatal.

The most common examples of fatal medical errors include:

  • Misdiagnosis
  • Delayed or incorrect treatment
  • Birth injury
  • Errors during surgery
  • Pharmaceutical errors
  • Defective devices or medications
  • Hospital negligence
  • Lack of informed consent

Workplace Death

Certain occupations are at greater risk of injury and death because of workplace accidents and dangerous nature of the job.  Fatal work accident can occur in any workplace where the workers are required to work under dangerous conditions.

Based on the research of OSHA, the most frequent work-related accidents which result in death, occur due to:

  • Falls
  • Being struck by an object
  • Electrocutions
  • Being caught between machinery, objects or materials

Defective products

Defective products are dangerous for users even if they are used correctly. Sometime, even safe use of a defective product can be fatal. The most common cases of defective products, which cause death are:

  • Defective drugs
  • Vehicles or some components
  • Defective children products
  • Toxic food or containers

All manufacturers are obligated to only manufacture and sell safe and reliable products to their users. In case the manufacturer creates an unsafe or defective product, which poses danger to the user, then he can be held reliable of the (proper) use of said product leads to the user’s death.

If you or your loved ones has died and you suspect that you have a wrongful death case of one of the types mentioned above, contact Schenk & Podolsky today and schedule a consultation. Let us review your case with you and see if you have the right to claim compensation.

Ways to Prevent Motorcycle AccidentsRiding a motorcycle does provide a certain sense of freedom. Although we need to remember that they are not as durable and crashworthy as closed vehicles like cars. According to the Insurance Information Institute, motorcyclists are actually 27 times more likely to be killed in an accident.

Now, you might have excellent driving skills and you have been driving a motorcycle for years, but it’s still important that you know how prevent accidents and stay safe. By taking necessary precaution you can significantly reduce the risk of being seriously injured or killed in a motor accident.

Way to prevent motorcycle accidents

In order to prevent motorcycle accidents from happening, both the motorist and motorcyclist should abide the traffic rules and practice caution every time they are on the road.

Equipment

Probably the most important thing any cyclist can do aside from following the traffic rules, is to make sure that he/she wears the necessary safety equipment. The right type and quality equipment can protect you from injuries or minimize them, increase your visibility of the road and make your ride less exhausting.

Wearing a properly fitted motorcycle helmet and good quality boots will provide necessary protection for your ride. You can also consider getting a reflective jacket or west so other motorists could easily see you at night or in bad weather.

Traffic regulations

When on the road, both motorcyclist and motorists should abide the traffic regulations. Even though riding a motorcycle can be exciting and exhilarating, speeding down the road can be extremely dangerous. Maintaining proper control of your motorcycle is crucial and as your speed goes higher, the level of control is lower so you won’t be able to steer as accurately as you should nor you will be able to stop the motorcycle in time.  So when you’re out on the road, make sure that you follow the posted speed limits.

During bad weather, when the roads are either icy or slippery, make sure that you ride at lower speeds and as you approach corners, curve slowly and only speed up when you emerge. Turning too fast could cause you to lose control of your motorcycle and crash into obstacles.

Remain vigilant

The main cause of motorcycle accident isn’t because the motorcyclist isn’t abiding the traffic regulations. Most of the accidents are actually caused by those that are driving near the motorcyclist on the road. So when out on the road, you should always be vigilant about the traffic around you. This is why you should come to a full stop at stop signs, look both ways before crossing an intersection etc.

Car doors and blind spots

At some point you will be travelling through and area where cars are parked alongside roads. You should avoid these areas or practice extra caution because vehicle owners might not see you and open their car doors directly in your path. In other cases, pedestrians might step out in front of you and you won’t be able to stop on time thus cause an accident. And while on the road, make sure that you stay clear of other vehicle’s blind spots. Position yourself towards the front of other cars. This way they will easily see you since you won’t be in their blind spot.

Motorcycle maintenance

Just like with cars, you need to take good care of your motorcycle and keep it in good shape. This means doing regular maintenance in order to make sure that you’re not riding on worn out tires, having burned out lights or soft breaks, all make your motorcycle unreliable and riding it is a real risk.

After a motorcycle accident

Even if you follow all the traffic laws, motorcycle accidents can happen. If they do, there are a few things you should focus on. First, you need to make sure that you call the police so that they could make a detailed report of the accident. Make sure that you also take photos of the accident and vehicles or ask someone to do it for you if you’re not able to. Then you should collect names and contact information of witnesses and exchange information with the other driver.

Once the police arrive, ask for medical treatment even if you feel fine. You never know if there are some underlying injuries.

5 mistakes you shouldn’t do after a dog biteDogs will show you unconditional love and they are friendly even if they are not yours. We can agree that they are wonderful. But sometimes you can’t really tell if a dog will react negatively to your movement and this might lead to harm.

If you see a dog on the street and you don’t know the owner, you can’t be certain that the dog had any proper training or if it’s even friendly. From all the dog bite cases, most common are the ones that happen to children and postal workers, and their injuries can be severe. In case you or someone you love suffered from a dog bite, make sure that you don’t make the following mistakes

Avoiding medical attention

Pretending that a dog bite isn’t a serious thing and not seeing a doctor is probably the worst thing you can do. In order to quickly address your injuries, you first need to evaluate them by a medical professional. The doctor will make sure that your injuries get the proper treatment so you could recover faster. If you avoid seeing a doctor, you risk making your situation worse and causing more problems.

Not calling the police

In order to have a record of the accident, you need to call the police. The police officer will generate a report and even they might not be able to assign blame to the owner of the dog, they can collect statements from you and the witnesses.

The police report is important. Because without it, you won’t have witness statements documented and proving your injury will be very difficult.

Not taking photos

Not every dog bite is the same. Some can be mild and some can be pretty severe. No matter the seriousness of the injury, it’s important that you take photos of the scene and injury.

Photos of the scene or your injuries help personal injury lawyers in Arizona to make your case even stronger and guarantee that you receive the compensation. Proving the extent of the injuries is pretty hard without visual proof e.g. photos.

Insurance Companies

If you think that insurance companies are looking after the best interest of their clients, you are wrong. Insurance companies, first and foremost, think about their bottom line and that’s not always in line with your interests.

When you speak to an insurance company, that conversation will likely get recorder and you can end up saying something like you ran towards the dog or you started playing rough with it before it bit you. These can all server as proof that you provoked the dog which in the end can reduce your compensation. So it’s best to consult with a personal injury lawyer before you speak to an insurance company.

Not consulting a personal injury lawyer

Getting better after a dog bit is imperative and if you’re not at fault, you shouldn’t have to pay for any of the recovery. That’s why it is important to consult with a personal injury lawyer to see what compensation can you get. Personal injury lawyers can help you receive compensation for

  • Lost wages (if the dog bite puts you out of work for a short while)
  • Pain and suffering
  • Emotional distress
  • Medical bills

Insurance companies will try really hard to force you to settle for a lower settlement. Don’t agree to anything until you speak with an experienced lawyer.

You can’t really predict when an accident will occur in your life. They are unexpected and can happen in an instant. On the other hand, the recovery Following doctor’s orders after an accidentafter an accident, both physical and financial, can take some time.

At Schenk Podolsky we’ve been handling injury cases in Arizona and have been guiding our clients through their legal journeys.

After your accident, it’s important to seek medical attention and follow your doctor’s order for the most optimal recovery.  So here’s a short list of tips on how to follow up and follow medical advices

Complications – After your accident it’s important that during your recovery, you do everything you can to avoid any complications. There’s a really go reason why your doctor gives you specific advice for your recovery period. These advices can be to improve mobility and not lose function in your injured limb, to properly clean and wash your wounds in order to avoid infection, to refrain from some foods and avoid certain drugs while you’re taking other types of medication and so on.

These recommendations and instructions are crucial in order to avoid serious complications that might have huge consequences. Furthermore, they might also help that a minor injury doesn’t turn into a serious problem.

Expert advice – Getting second and third opinions are fine although you should really focus on the opinion that you doctor gives you. After all, doctors are highly trained and educated professionals who dedicate their lives in helping the sick and injured. Doctors as medical experts have a comprehensive knowledge and understand what’s the best wait to treat your injuries in order to achieve maximum recovery.

Adjusting your treatment – When you follow your doctor’s orders and report back, the feedback that you provide is very beneficial because it shows to your doctor whether the treatment plan is working and how effective is it. You feedback provides the necessary information in order for your doctor to adjust the treatment if necessary or even explore entirely different treatment plans. So make sure that you tell your doctor whether you feel discomfort, have certain reaction to medication and so on.

The big picture – The long term goal of your follow-ups with the doctor and rehabilitation sessions is to achieve best long-term outcomes. And even though every injury is unique, patients that don’t follow-up regularly with their doctor or physical therapist, might not achieve the same level of recovery as other people. So make sure that you stick with your follow-up schedule and do your exercises with your physical therapist regularly.

Keeping track – Reports, notes from your doctor or therapist are a result of you following your doctor’s/therapist’s orders. There documents represent a timeline of your recovery, starting from the initial diagnosis, treatment plan and various stages of recovery. When a doctor or therapist reviews your documents, he can see clearly how much progress you made. Furthermore, the documents can also be a valuable source of proof when you decided to file an injury claim.

Insurance company techniques and tactics – WE are all aware that insurance providers would like to pay the victims as little as possible and they will use various arguments to achieve this e.g. advise you not to seek medical attention regularly and to follow up. By doing this, they can later on argument that your injuries weren’t so severe since you didn’t follow up with your doctor, and thus they will minimize your compensation. So instead of listening to the insurance company about your recovery and following up, make sure that you stick with the advice that your doctor and medical professionals gives you.

Fatal auto accidents are something we often hear about on the news, and the reports sometimes make us wonder – is the number of accidents going down or up?

Lower automobile-related fatalities but increased trucking fatalities

The laws of texting while driving, additional enforcement on drinking while driving and the variety of safety measures should really make a difference.

According to the NHTSA (National Highway Traffic Safety Administration) the answer is yes, but it’s a bit complicated. The number of fatalities in automobile accident has dropped by 2.4% compared to 2018.

Unlike automobile accidents, truck accidents are on the opposite end of the curve and have increased by 0.9% in a recent year. Most of the time, in truck accidents, the ones that suffer in the collision aren’t truckers, but other drivers and passengers that they hit.

From the automobile-related fatalities 62% of fatalities were drivers and passengers of cars and small trucks. Only 3% of fatalities were commercial or large vehicles.

Trucking fatalities – Common causes

The American economy is switching towards home deliveries and shipping. This not only increases the number of products that get moved around, but also puts a bigger pressure on truckers to make deliveries on time.

Alcohol-related collisions have decreased in 2018 which means that the most common causes of trucking accidents are actually:

  • Driver fatigue
  • Distracted driving
  • Poor driver training
  • Poor truck maintenance and
  • Reckless driving and speeding

Increase safety on the road

Even though the number of tricking accidents is growing, there are certain things you can do in order to reduce the risk:

  • We should all practice defensive driving
  • Drivers should avoid being next to or directly behind (tailgating) large trucks or in their blind spots.
  • Practice the 3 second rule.
  • Be diligent in wearing your seatbelt – Not sure if you know but more than 85% of survivors of car accidents were buckled up.
  • If you see any form of reckless or irresponsible driving, like texting, you see that the driver is tired or he is doing anything else that might jeopardize your life or the life of someone else…don’t hesitate in calling the police.

Everyone should do what they can in order to support the implementation of the national polities and increase the safety on the roads. Keep in mind that trucks are normally 25 times heavier than regular cars so truckers should pay extra attention to driving responsibly and ethically.

If you were hit by a large truck

If you or your loved one was in an accident involving a truck, you’re most likely going through a challenging time. Trucking accidents, since they are more severe than car accident, can leave pretty severe injuries and disabilities that turn your life upside down.

Accidents that involve trucks and big rigs are most of the time complicated and can mean a lot of complicated and convoluted paperwork. So having a skilled and qualified personal injury lawyer is required.

If you need counsel regarding a personal injury claim from a car or truck accident, contact us today.

The coronavirus outbreak has impacted many areas of our lives, it has also effected the way we and our work as well.

Policies regarding shutdowns non-essential work, social distancing and remote work, have impacted both employers and workers around the world. Some industries, which have been heavily affected by the outbreak and where the risk of exposure is much higher, are now working even more. And it’s only natural that workers in these industries have concerns about their health and the risks they are exposed to at work.

Covid-19 & Workers’ Compensation in Arizona

During these uncertain times, the ICA (Industrial Commission of Arizona has noted that workers who contract the Covid-19 may be able to establish that they contracted the illness at their place of work and thus qualify for a work injury compensation.

With this possibility, employers will be further motivated to minimize the presence of employees at the workplace who display symptoms of Covid-19 or that have been diagnosed with the illness.

Response to workers’ compensation claim is possible. If an employer wants to challenge the claim’s validity, he can do that through the employer report of injury and needs to provide the insurance carrier the necessary information and document which will support the challenge.

Who’s eligible for Workers’ Compensation?

In time of this crisis, when the cause for concern is a quick-spreading virus, the workers that contract the virus are having a very hard time to establish how they contracted the virus and with that uncertainty, they might not qualify for workers’ compensation benefits.

But in cases of public safety workers, it’s presumable that they contract the Coronavirus, or any other serious disease while doing their job and responding to a situation like this epidemic. So naturally, it’s highly likely that their illness is related to their employment. And as such, they are entitled to the workers’ compensation benefits.

But what happens to those workers that aren’t in the public safety profession? Well, at the moment, there’s no presumption for compensability. This is mainly because it would be very hard and difficult to prove the connection between their work and their illness. So they might need to explore other possibilities for compensation.

If you fall into a category of employment which is not related to public safety, and you need legal counsel on what type of compensation benefits you’re eligible for, contact us today and let us help you.

Auto insurance is not just a legal formality and requirement. It’s also a very important aspect in protecting your financial stability and health.Questions you need to ask your auto insurance policy

Before picking an auto insurance company, you need to know what type of insurance is there, what coverage they offer and what will happen to your premium if you get into a car accident. And in case you were in an auto accident, it’s important to know what to say and not to say to your auto insurance company. These things can have a big effect on your insurance claim.

What auto insurance coverage do you need?

There are a number of auto insurance forms and not all of them are mandatory. Some are even voluntary. For example, auto insurance in Arizona includes:

  • A minimum of $15,000 per person OR a $30,000 per accident in bodily injury
  • A minimum of $10,000 in property damage coverage

This sounds pretty generous and reasonable. Except when you find yourself in an accident where the damages are much higher. This can impact your financial health, because you will have to pay for the extra costs out of your own pocket. So that’s why we highly recommend that you maintain higher level of protection with your auto insurance so that you are sure that you have sufficient coverage. These voluntary coverages include:

UIM or Uninsured or Underinsured Motorist coverage – If you’re in a car accident and the person responsible flees the scene, or is underinsured or uninsured, you will be left without any recourse unless you have an UIM.

Comprehensive coverage – This type of coverage is great if you want to protect yourself against damages from vandalism or car theft, basically from things that are out of your control.

In order to make sure that both you and your loved ones are insured, locate your auto insurance policy, look it over and if necessary, increase your coverage.

Speaking with an insurance agency after the accident

When you get into an accident, you need to contact your auto insurance company in order to report it. The other driver’s insurance company might also contact you. Communicating with both insurance companies is crucial, because one misstatement can make your insurance claim invalid and will dramatically reduce the amount of coverage you can receive. That’s why it’s important that you limit your communication with the auto insurance companies in very specific ways:

Communicate only about facts – You need to understand that the goal of every auto insurance company is to settle the case for as little as possible. That’s the job of the insurance adjuster. Insurance adjuster are representing the insurance company, so no matter how pleasant they sound, keep in mind that they are not representing your best interest. So when you communicate with an insurance adjuster, speak only about facts, without providing ANY opinion, evaluation or to admit anything.

Admitting fault – Often will insurance companies claim that you were the person at fault. If they try do to that, just say nothing. You can’t really know whether you were the one at fault or not, without being fully aware of all the aspects of the accident. For example, you don’t know if the other driver was under any influence, distracted, violating some other law etc. These are all important things required to determine who is at fault.

Calls with insurance companies – When you’re on the phone with an insurance adjuster, keep in mind that the entire phone conversation is being recorded and noted down. This information can be useful in further minimizing your insurance claim. So make sure that you pay extra attention to what you tell the adjuster. Choose your words carefully.

Hiring a lawyer – Since the insurance claim can be a bit complex and complicated, the safest bet would be to hire an attorney who will advocate on your behalf. And if you sustained some type of injury due to the accident, we recommend using a personal injury lawyer as the best option. Lawyers are well-versed in these cases, they know the procedure in and out and will be able to navigate more efficiently in order to get you the highest claim possible.

If you were in an auto accident and you need help filing an insurance claim with your auto insurance company, contact us today and let us help you out!

 

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Sometimes, we lose someone we love due to someone else’s carelessness or reckless behavior. Wrongful Death – 10 most common questionsIn those situations, it’s important to know a few things about filling a wrongful death lawsuit. There are a lot of questions about this and the process might not be simple. So we decided to share with you the 10 most common questions about wrongful death lawsuits to help you better understand the process.

What’s exactly a wrongful death claim?

Personal injury lawsuits and wrongful death claims are very closely related. They both allow you to seek compensations when someone is injured due to someone else’s negligence.

With a personal injury lawsuit, the law allows the injured victim to file a claim and seek compensation from the responsible party. This compensation is to cover the injured person’s losses.

But with a wrongful death claim, the injured person is not alive anymore so he/she cannot file a claim. So in this instance, another person steps into the place of the injured person and files a claim in his/her name to seek compensation.

Who can file a wrongful death claim?

This question depends on a specific state and its legal system. In general, most states allow the personal representative to file a wrongful death claim and this mostly refers to a close family member. In Arizona, wrongful death claims can be filed by:

  • The spouse of the deceased person
  • Children of the deceased person
  • Parent or legal guardian of the deceased person
  • Personal representative of the deceased person’s estate

Wrongful death claim – Do I have a case?

Determining if someone has a wrongful death case or not isn’t so easy to determine. Each case has a unique set of circumstances and facts. So in order to determine if you have a case, you will definitely need to speak to a lawyer. A personal injury or wrongful death lawyer should be able to help you.

How to file a wrongful death claim?

As before, this also depends on the state you wish to file a lawsuit. Usually, you first need to determine if you’re eligible to file such lawsuit. Then you need to work closely with your wrongful death or personal injury lawyer so you could file the claim before statute of limitation expires.

How to prove wrongful death?

Each US state has its own set of laws when proving wrongful death, but in general, the plaintiff must prove:

  • The defendant owed a duty of care to the deceased
  • The defendant breached said duty
  • Breaching duty of care resulted the death of the deceased and
  • Damages that resulted

How long do you have to file the claim?

The time you have to file a wrongful death claim (or any type of claim basically) is called the statute of limitations. This is not the same for all states, so you should definitely check with your personal injury lawyer. For example, in Arizona, the statute of limitation for a wrongful death lawsuit is two years from the date of death. Same applies for New York, California, Florida, New Jersey and many other states.

How much can you sue for in a wrongful death claim?

Usually, wrongful death claims allow you to seek compensation for both economic and non-economic damages. These compensatory damages should compensate the party for loses and the usually include

  • Medical bills
  • Lost wages for the time the deceased was in the hospital
  • Future wages
  • Pain and suffering of the deceased before death
  • Burial and funeral expenses and
  • Loss of companionship

Average settlement for wrongful death

Since every wrongful death case is unique, with its own unique facts, it’s really difficult to determine what’s the average settlement. But when you consult your personal injury lawyer or wrongful death lawyer, he will be able to give you a rough estimate of the settlement.

Attorney fees

When hiring a personal injury or wrongful death attorney, you can discuss that he takes your case on a contingency fee basis. This means that he/she will only be paid if you will the lawsuit and you get compensated.

Is a lawyer really necessary?

Since wrongful death cases can be pretty complicated, we highly recommend that you hire a wrongful death lawyer. He/she will advocate for your best interest and if you have additional questions you can always ask him/her.

The Covid-19 outbreak, caused by the novel coronavirus, is something we never faced before. In the US alone, there are over 300 thousand confirmed cases. People are advised to isolate, keep the social distancing measures and to work from home if possible.

In order to keep their homes safe too, many people rely on the information and guidelines released by the CDC on how exactly to use EPA-registered disinfectant products. These products are sued to safeguard your homes from the contagious outbreak.

If you want to learn which disinfectant products have been approved by EPA, visit their official website here.

Since disinfectant are strong chemicals, they need to be handled properly

Disinfectant products are efficient in killing germs, but they can be pretty hazardous to people’s health and that’s why they need to be handled with care. This is by no means an attempt to discourage people to use these products during the Covid-19 outbreak, but consumers should make sure that they handle disinfectants properly and with caution.

The majority of disinfectant products contain ethanol, formaldehyde, chlorine or ammonia. There chemicals can seriously harm humans or their pets if they touch them, if they are ingested or inhaled.  Some of them might even be flammable or corrosive.

In order to minimize the exposure to these harmful effects, consumers can follow tips from HSH (U.S. Department of Health and Human Services). What you need to focus on?

Labels – make sure that you read the label carefully before using the product. Only use it in the manner how it is described and in ways that it was intended

Packaging – cleaning products should be kept in their original packaging. Don’t transfer them in other alternative containers like bottles, jars etc.

Mixing – Under NO circumstance should you attempt to mix disinfectant products.

Inhaling – You should NEVER attempt to inhale or sniff containers in order to determine what’s inside. By doing so, you might cause injuries to yourself.

Air circulation – When using chemicals, make sure that your windows are open and your house fans are turned on. This will help air circulation and will clear your home of any residual chemicals left in the air.

Kids – You should ALWAYS keep dangerous chemicals away from your kids. Put them somewhere on a tall shelf where they can be out of their sight and reach.

Protective gear – When handling disinfectant chemicals, make sure that you’re wearing protective gear (gloves).

Conclusion

These disinfectant products are the most effective way in our fight against Covid-19. But we need to keep certain safety measures when we handle these chemicals and disinfect our homes.

When it comes to personal injury claims, they all require you to have an experienced attorney who is well familiar with the process and knows the differences from cases involving auto accidents, nursing home abuse or neglect. But what are the main burning questions when it comes to personal injury law?Important questions about personal injury law

Is your personal injury claim valid?

If you want to pursue a successful personal injury claim, you need to be able to prove that your injuries are caused by someone else’s negligence. Extensive medical treatments are usually part of every personal injury case. However, not all personal injury claims have physical injuries. Some have non-physical harms or losses. A good example is if someone attacks your professional reputation or invade your privacy. These can all be good grounds for a personal injury claim.

How soon can you file a lawsuit?

This depends from one state to another. To be more precise, on the states ‘statute of limitations’. This statute basically determines how much time you have to file a personal injury claim. Of course the statute of limitation differs from case to case. Some states have a statute of limitation of 4 years for a personal injury lawsuit, but for medical malpractice this statute is only two years.

The best thing you can do is to pursue the lawsuit as soon as possible after your injury. This is because preservation of evidence is very important in these cases. Furthermore, a standard procedure involved in a personal injury case is investigation done by your personal injury attorney, which can take some time.

What is negligence exactly?

Negligence concerns actions taken in a specific situation by a ‘reasonable person’. For example, you would expect a truck driver (or basically any driver) to obey the traffic rules and to drive at full attention in order to avoid putting themselves and others at risk. In the event that they cause a car accident because they didn’t pay enough attention while driving, they can be liable for the accident.

So basically, someone is negligent if he/she fails to act in a way an ‘ordinary reasonable person would’ in a specific situation. Personal injury cases are generally found on negligence.

Will the person at fault be punished?

Personal injury cases are NOT criminal actions. They are civil actions. Jail terms cannot be sentenced to defendants in personal injury cases. The same goes for criminal fines. This is because there was no real malicious intent that caused the injury. The cause of the injury is negligence.

Nonetheless, in some rare cases, there can be punitive damages. Punitive damages have a goal to punish the defendants that were reckless OR didn’t act in the best interest of the public. The end result of punitive damages is to discourage defendants to behave in such way.

If you think that you have a valid personal injury case, because someone else’s negligence caused you harm, contact us today and let’s review your case together!