Personal Injury Law Information - Some Frequently Asked Questions (FAQs)

Personal injury law is simply that which allows a court to provide solutions for wrongdoings that did not result from contractual obligations. Personal injury law would include if a person was hit by a drunk driver, falls from a faulty ladder, is bitten by an enraged dog, or cannot stop a kitchen blaze because of a faulty fire extinguisher. Below are some of the most frequently asked questions about personal injury law.

What is negligence?

This is the cause of harm to another person or property. It means that one person did not take proper care and consideration in their actions to prevent others from being harmed.

Does negligence depend upon the person responsible?

Yes. Although anyone has the potential to be deemed negligent in the event that someone is harmed, some people will face harsher consequences in these situations. For instance, doctors, nurses, or other medical professionals have an ethical duty to take action if they encounter an injured person; whereas non-medical people are not required to respond.

What is comparative negligence?

This is how responsibility is divided up after an accident. This term is one that is frequently used in cases that involve two parties arguing that each had a part in the outcome (i.e., he was speeding, but she failed to yield the right of way). When it comes time to assess damages for a case, comparative negligence will be used to determine how much, if any, damages will be rewarded and to whom. Depending on the state’s regulations, one, both, or neither party may be entitled to compensation.

What is proximate cause?

Proximate cause is very simply the event that resulted in an injury, or a sequence of events that caused that injury.

What is intervening cause?

This is when the initial act does not cause the harm, but instead an interruption or an intervening cause comes into play. This can be someone acting in a way that stops the flow of events, or fails to act and thus causes negligence to be removed from the first party.

How are personal injury lawyers paid?

Most lawyers that feel confident with a case will work on a "contingency fee" basis. That is to say that the lawyer is paid approximately 20 to 40 percent of the settlement or damages rewarded, instead of a flat fee.

What is a written retainer?

A written retainer is a contract between attorney and client, along with a fee paid by the client to assure that the services will be rendered in a fair and just manner for both parties.

Once a victim is determined, how are damages calculated?

Depending on the case, the medical bills, lost wages, extent of injury, future problems from your injury (i.e., temporary, permanent, full, or partial disability), and in some instances, even pain and suffering, are assessed. From this, the compensation will be determined, up to the amount limitations legally allowed by the state.