Personal Injury FAQ

What is a deposition?
A deposition involves questioning under oath with all of the attorneys and the parties being present. The answers in a deposition are oral. Under some circumstances, deposition testimony may be used in trial.

What is a class action lawsuit?
A class action lawsuit occurs when a large group of plaintiffs group together to sue. Examples would be the tobacco industry suits and the suits against the drug manufacturers of the popular diet medications such as fen-phen.

What is negligence?
Negligence is a failure to act reasonably in a situation. Negligence does not simply mean doing something wrong. All of the following elements must exist for an act to be considered negligent:

  • Lack of reasonable care
  • Breach of duty
  • Injury to the victim
  • Foreseeability (knowing an act would occur based on the circumstances)
  • Damages

What are punitive damages?
Damages awarded to punish the defendant or to serve as an example to deter malicious or intentional misconduct.

What should I do if I'm involved in a car accident?
Document the entire situation, including making daily notes of the effects of your injuries after the accident. Also, report the accident to the proper authorities. Take care in giving any statements to insurance companies and consider consulting an attorney to ensure that you have a balanced investigation of the facts.

Do I need an attorney in a personal injury case?
It may be in your best interest to consult with an attorney. Insurance companies have full-time adjusters and attorneys who investigate and present their side in the light most favorable to their insureds. You need to make sure your case is properly investigated and presented.