Personal Injury FAQs
The Hazleton personal injury lawyers of Munley, Munley & Cartwright know that when you’ve been harmed in an accident or by somebody else’s negligence, you have numerous questions about your legal options. We’re here to help you. Call our Hazleton injury attorneys at 1-800-318-LAW1 or contact us online for advice on your claim.
What is a personal injury?
The legal definition of personal injury is harm done to someone's body, mind or emotions, as opposed to damage to property.
What is personal injury law?
Personal injury law is a body of law that covers claims that a person's injuries are the result of negligence by another party. It is sometimes known as “tort law,” or civil wrongs that are recognized as legal causes for lawsuits.
In what kinds of accidents can I file a personal injury case?
Automobile accidents, slips and falls, and dog bites are the leading incidents that result in personal injury lawsuits. However, cases can range from car accidents and truck accidents, to prescription drug injury and medical malpractice to sexual abuse, denial of civil rights and wrongful death.
What are the grounds for filing a personal injury claim?
Torts are divided into three broad types:
- Intentional tort: The wrongdoers knew, or should have known, injury could occur as a result of his or her actions or inactions.
- Negligent tort: The wrongdoer's conduct fell short of what a reasonable person would do to protect another person from the foreseeable risk of harm.
- Strict liability tort: A specific action caused the damages rather than a lack of care on the wrongdoer's part.
What is negligence?
Negligence is the failure to use reasonable care to prevent injury. For example, a speeding motorist who collides with another car, causing an injury, may be found to be negligent.
What is liability?
In general, liability is a legal concept that makes a person responsible for harm that occurs because of his or her actions, or failure to act. Strict liability is a legal concept used primarily in defective product cases, where the manufacturer of that product is responsible for the harm that occurs from its defects even if the manufacturer was not negligent.
How do I know whether I have a personal case?
You must demonstrate that you have been harmed -- physically, mentally, or emotionally -- and that another party was at fault either through intent, negligence, or under the strict liability standard. An experienced Hazleton personal injury attorney will be able to give you a better idea of whether you can expect to win a settlement or a court judgment. Contact our injury lawyers to discuss your case.
What should I do if I think I have a case?
If your injury was minor, you may want to contact the person responsible and ask for compensation. If they do not agree, you may want to contact a Hazleton injury attorney. If your injuries are serious, you may want to contact an attorney as soon as possible.
What kinds of damages am I entitled to?
You may be able to recover money for medical expenses, lost income, property damage, reduction in future income, domestic aid, permanent disfigurement or disability, emotional distress and other costs associated with your injury. Money awards in a litigation case are called damages. Damages usually include medical and therapy expenses, lost wages and pain and suffering. When the wrongdoers' conduct was particularly egregious, the court may award punitive damages that are not based on specific losses of the victim, but instead intended to “punish” the defendant.
How do I demonstrate my injuries and other damages?
To prove the extent of your injuries and the dollar amount of your injuries, you'll need medical documents, witnesses and others involved in the accident, medical bills, work-absence records, insurance correspondence, police accident reports, receipts for items you need to buy because of your injury, and receipts for property, such as your car, that you have to fix because of the accident. You'll also need to record the dates that you went to the emergency room, when you were admitted to the hospital or were otherwise treated by medical personnel, the names and business addresses of the ambulance service, the doctors and the other medical personnel who treated you. You'll also have to submit copies of your automobile, homeowner’s and medical insurance and other insurance policies that may pertain to the accident.
An insurance company has offered me a pretty good settlement. Do I really need a lawyer?
Insurance companies that pay out too much to victims can’t earn profits and pay dividends to their shareholders. Therefore, their incentive is to pay out as little as possible to claimants. They employ lawyers to advise them on how they can legally pay you less than you deserve. Shouldn’t you also have the advantage of a lawyer who is looking out for your best interests?
Is medical malpractice considered a personal injury?
Yes. Medical malpractice means that a health care provider caused injury or death to a patient by failing to act within the applicable standard of care. In other words, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to reasonably act as another similarly situated doctor or provider would act under the circumstances, and the unreasonable conduct causes harm.
What is a "Wrongful Death" claim?
A "wrongful death" claim typically refers to an action by a negligent party whose wrongful conduct resulted in the death of another. The "wrongful" act that resulted in death may have been intentional, reckless or negligent. In cases where a dangerous product caused the death, it may not be necessary to show wrongful conduct in order to recover damages.
I’m not sure that I want to go to court, but I don’t want to rule out a lawsuit. Can I reserve my right to sue?
Although the thought of going through a lawsuit may seem daunting right now, it is advisable to see an attorney as soon as possible. There is a statute of limitations that sets a deadline on any legal action. But even if you are unsure, take care to document the circumstances of your accident, along with your injuries, expenditures, doctors’ appointments and other matters that will be necessary to submit as evidence in your case.
