Accident & Injury FAQ

How do you prove negligence in a personal injury lawsuit? The answer is not so simple. Negligence, as it applies in the common law setting, can be defined as conduct that is culpable because it falls short of what a reasonable person would do to protect another individual from foreseeable risks of harm. Proving negligence can be difficult. It differs from plain “carelessness”, and requires a person to meet the standard of “reasonable behavior”.

If you’re coming up with a strategy ...

Securing the right medical malpractice attorney should be the first step you take if you're considering filing a medical malpractice lawsuit. Medical malpractice attorneys have experience with medical law and can tell you if you have a case.

Cost should not be a deterrent to securing an attorney. Many medical malpractice attorneys work on contingency and will only collect a fee if your lawsuit results in a cash settlement. Any attorney you contact will discuss their rates with you ...

There are lots of personal injury claim settlement calculators available on the Internet, but how are personal injury settlements really determined?

The judge or jury will consider the following:

Injury of the claimant

• The
  severity of the injury

• The effect the injury has had or will have on the claimant’s physical or mental health

• Disfigurement (and the pain/humiliation related to such)

Claimant’s expenses

• Medical expenses

• Other expenses

...

A class action lawsuit, or a representative action, is a form of lawsuit where a large group of people collectively bring a claim to court and/or where classes of defendants are being sued. It is common to see class action lawsuits filed by members of a company when hiring or salary practices have been illegal. Another common class action lawsuit is one that is filed against companies that make illegal claims about their product, or cause the death or injury of individuals that use their product. ...

Personal injury settlement payouts occur after a plaintiff has settled or won a tort suit against a defendant. The amount of damages awarded to a winning plaintiff can vary depending on the details surrounding the negligence claim. Typically, the courts look at the severity of injury caused, and the reasonable projection of future monetary claims to determine the appropriate claim.

Most personal injury settlements occur from incidents such as traffic accidents, workplace accidents ...