FAQ
These frequently asked questions are not meant to apply to every personal injury situation. They are general in nature and each case we deal with at the Francis Law Firm is different and treated accordingly.
If you have questions about your personal injury case, please feel free to contact the Francis Law Office. We’d be happy to answer your questions.
What is Personal Injury?
This is one question I get all the time. Personal injury (usually to your body) is a physical or mental injury to a person that happens because of another person’s negligence or a harmful act. This is NOT criminal law; it’s called civil law.
- Personal injury may happen after some of the following examples:
- Car Accidents/Drunk Driving
- Vehicular accidents involving trucks, boats, bicycles, plans, motorcycles and trains
- Construction/Jobsite Accidents
- Slip and Fall Accidents/Premise Liability
- Spinal Cord Injury
- Traumatic Brain Injury
- Wrongful Death
Will I get damages from my personal injury claim?
You’re entitled to recover damages for all losses and expenses as the result of an accident. Depending upon the circumstances, damages may include recovery for:
- Medical bills
- Lost income, including overtime wages
- Pain & Suffering
- Physical Disability
- Disfigurement
- Emotional Trauma
- Mental Disability
- Property Damage
What is Comparative Negligence?
This is when damages awarded for negligence may be reduced if there was some type of contributory/comparative negligence. There are some circumstances where people doing something one “assumes” carries a risk, the case may be dropped or the award reduced.
Comparative negligence works on a percentage basis to assign a degree of fault for the injuries sustained. The awards are usually adjusted according to the percentage of fault assessed to each party.
How do I prove negligence?
You only need to prove that a majority of the evidence shows that an injury was caused by another person’s negligent actions. This is called “the preponderance of the evidence.”
What is premises liability?
This means accidents that happen due to negligent maintenance, or unsafe conditions on the property owned by someone other than the person injured. You must show how long the defect was there, how noticeable it was, and how much notice the owners had about the dangerous condition before the accident.
What do I do if I’ve been injured in a slip & fall accident?
The owner, company or person who has the premises where the accident happened must inspect the area to find any dangerous conditions and warn people of any dangers. If the owner is negligent you may recover damages for your injuries, including loss of income, medical expenses, pain and suffering, etc.
What do I do if I’ve been hurt in an automobile accident?
You must get the name, address, insurance information and license plate numbers of the all the drivers of any vehicles involved in an accident. Don’t forget to get the phone numbers of any eyewitnesses.
If injuries are involved the police must be called. The officer will write a traffic report including details of damages and injuries. You’ll need that report for your insurance company before any benefits are paid.
What is the Statute of Limitations?
In some states you might only have one year to file a lawsuit from an automobile accident. When the statute of limitations expires, you don’t have a case any longer.
Statutes of limitations also differ depending on the kinds of lawsuits involved. E.g. medical malpractice, suits against government agencies, and wrongful death actions have shorter periods of time than other types of personal injury cases.
Generally speaking, the statute of limitations for personal injury cases is from one to three years, from the time you had the accident.
How long will it take to settle my claim?
The length of time depends on the circumstances of your case. If your case is complex it may take longer to settle. Generally speaking it may take anywhere from 3 to 18 months.
What is Wrongful Death?
Wrongful death is caused by the negligent, willful, or wrongful act, neglect, omission, or default of another, such as careless driving or a deliberate murder.
People who depended on the deceased for financial or emotional support may be entitled to compensation for the wrongful death.