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General Personal Injury Law Questions
FAQs
I fell down and injured myself on someone else's property. I don't feel well. Should I wait to see if I feel better before doing anything about my slip and fall accident?
If I pursue a lawsuit against a landowner for a slip and fall accident, what are some of the things that the landowner might argue against me?
What happens if I injured myself at my friend's house?
What is a "slip and fall" injury?
What is a ‘tort?’
What is ‘strict liability’?
What is ‘negligence’?
Can negligence depend on who was doing what?
What is ‘comparative negligence?’
What is ‘proximate cause?’
What is ‘intervening cause’
How is the amount of damages suffered determined?
Am I responsible for injuries to anyone who comes onto my property?
How effective is a ‘waiver of liability’?
So I am out of luck?
What if the product's defect was intentional as opposed to a negligent accident - can I still sue?
I was bitten by a dog at a rental unit where I was treating an invasion of ants. The landlord let me in without the tenant's permission. I ended up going to the hospital for treatment. Can I sue?
I was injured. What law governs my ability to recover damages?
Are movie, theater, and restaurant reviews protected from defamation suits?
Can libel suits be brought by a public figure?
How is the value of property damage determined?
Can a person be exempt from liability for property damage?
How does homeowner's insurance pay for property damage to my home in the event of a fire, theft, or other disaster?
While driving next to a golf course that had no fencing, my car’s window was cracked by a golf ball. The course manager claims no responsibility and told me the person who hit the ball is liable (but is impossible to find). Can I sue the owner of the golf course?
Suppose the other person’s insurance company offers to settle with me?
Basis Of Actions
FAQs
What is a ‘tort?’
What is ‘strict liability’?
What is ‘negligence’?
Can negligence depend on who was doing what?
What is ‘comparative negligence?’
What is ‘proximate cause?’
What is ‘intervening cause’
What if the product's defect was intentional as opposed to a negligent accident - can I still sue?
Amusement Park Accidents
FAQs
Amusement Park Accidents and Liability
How are amusement rides categorized?
Any data on amusement ride fatalities?
What are the latest statistics on amusement ride injuries?
What is the so-called “roller coaster loophole”?
If I am injured on a roller coaster ride at an amusement or theme park, is the park liable or is the ride’s manufacturer liable for the roller coaster accident?
The brain injuries suffered by my child at the local amusement park on one of those new coasters with breakneck speeds and high G turns will require significant treatment in the future that we don’t know the cost of right now. How will the court deal with this to make sure there is enough money?
My daughter was injured in an amusement park’s haunted house when one of the characters grabbed her. Can she be compensated for her injury?
The ticket we purchased from the amusement park had a disclaimer on it. Does this mean we can’t sue for any injuries suffered at the park?
After I was injured at the amusement park, the staff had me sign “routine documents” before they took me to the hospital. Now I find out that I signed something saying that the park was not liable for my injuries. Is this valid?
I scraped my arm on the slide at the water park. Now it is all red, painful and puffy, and my doctor says I have septicemia. Can I sue the water park for not sufficiently purifying the water?
My husband has a bad back. He has suffered significant, additional pain after going on the bumper cars. Is the amusement park liable for this?
My child became ill on the Scrambler when the ride broke and they couldn’t get it stopped for 10 minutes. Is the amusement park liable?
The Ferris wheel I was on with my child broke down, and we were stuck in the air at the top of an incline for everyone to see. The park had us climb down some scaffolding, and now my child is terrified of heights. Can we sue for emotional distress?
My son was a bystander and was injured by a set of keys that fell out of a man’s pocket while the man was on a ride at a theme park. Who is at fault?
My toddler was playing in the ball room at an amusement park and was buried under the balls for an unknown period of time, causing a brain injury. Who is liable?
My child drowned at the water park, even though there were lifeguards on duty. Can I hold the park or the individual lifeguards liable?
My family went to a paintball park. I was hit by a paintball in the face, and suffered a cracked cheekbone. Is the park liable?
The overhead seat belt that a theme park attendant strapped on for my Shockwave roller-coaster ride became unlatched midway through the ride. I have a history of high blood pressure and suffered a mild seizure because of the violent shaking, jolting and jouncing. Does the park have any liability?
My 10-year old ignored the warning signs at the coaster’s entrance that had age, height and weight criteria. He broke one arm and leg when he stuck out his arms and legs. Are we partially responsible? Will we recover any damages?
My 14-year old snuck into the theme park without paying the admission and, in going on a whirling ride with its twists and turns, suffered a whiplash. Does the fact that he did not pay for admission restrict his damage award?
How is a lawyer reimbursed in an amusement park accident?
Asbestos
FAQs
What is asbestos? What are some of the diseases or disorders that are related to asbestos exposure?
Hasn’t the use of asbestos been outlawed? How could I have been exposed to it, then?
I can’t figure out how or where I was exposed to asbestos. What are some possibilities?
If I was exposed to asbestos at work, is anyone besides my employer liable?
Am I eligible for workers’ compensation for asbestos exposure? Will my recovery in a civil lawsuit against the manufacturer of asbestos products affect my workers compensation claim for asbestos disease? Do I get to keep all the benefits?
My spouse is dying from asbestosis. What happens to our family after he dies?
I think I have been exposed to asbestos over the years from more than one employer. Who do I go after in an asbestos lawsuit? How can I get proof?
My employer says it provided me with state-of-the-art equipment to prevent my exposure to asbestos. As they still liable for my asbestosis, and if not, who is?
I can no longer manage the stairs in my house. Can I receive money to help me remodel or move?
My employer says it will take care of everything if I just sign a waiver of some sort. Should I do this?
My employer says that it was unaware of any asbestos exposure. Is my employer still liable?
I have rented the same apartment for 20 years. In doing some changes in the apartment as well as the building complex, the contractor released a large amount of asbestos in the air when he removed the floor tiles and I have become increasing sick. The owner and onsite landlord turn a deaf ear. Who is responsible for my asbestos exposure?
The manufacturer of the asbestos products I was exposed to was put out of business. And my employer was bought out by another firm 8 years ago. What happens now?
Can family members bring suit on behalf of asbestos victims? How are the damages calculated?
I have had multiple exposures to asbestos over my career. How can I prove this? What is the maximum in money damages that I can get?
Lots of asbestos lawsuits have been filed as class actions. Am I better off, for purposes of damages, to file individually rather than as a member of a class?
I am not sick but fear that eventually I will become ill from asbestos exposure. Do I have a case?
Can I sue for asbestosis on my own and avoid using a lawyer?
What about the out-of-pocket expenses of asbestos litigation? Who fronts those expenses?
How long does an asbestos lawsuit take to settle or go to trial?
How much is my asbestos lawsuit worth? Is there a limit on how much I can collect?
Calculation Of Personal Injury Damages
FAQs
When am I entitled to interest?
I was injured in an accident. How are damages computed?
How is the value of property damage determined?
How does homeowner's insurance pay for property damage to my home in the event of a fire, theft, or other disaster?
Birth Injury
Articles
Illinois Birth Injury Lawsuit Awards Mother $5.5M
FAQs
Birth Injuries: Conditions & Common Causes
At the end of a successful birth injury case, who receives the money, the parents or the injured child?
Other than the OB/GYN, who else may be liable for our child’s birth injury?
How does the death of a child affect the damages in a birth injury case? Are there limitations on how the money can be spent?
Are there any money damages that are unique to birth injuries?
Can I sue the HMO and its doctors for causing a birth injury to my child?
The attorney I interviewed wants to be paid on a contingency basis for our birth injury case and charges 20% to 40% of the settlement for his fee. How can I get the attorney to charge a lower percentage?
How quickly do I have to file a birth injury lawsuit?
What happens during a birth injury lawsuit?
What are the most common birth injuries?
What are some alternatives to filing a birth injury claim?
How can we tell if our child has a birth injury?
What kind of damages are available in a birth injury lawsuit and how much can we expect to recover?
Birth Injury Attorney Interview - The A to Z of Birth Injury Lawsuits
Mother Settles Horrific Birth Injury Case for $18.2M
Brain Injury
FAQs
Brain Injury: Conditions & Common Causes
Brain Injury Resources - Financial, Health, Housing, Employment, and Attorneys
What is a traumatic brain injury?
How do you assess the severity of a traumatic brain injury?
Are there any money damages that are unique to traumatic brain injury lawsuits? Is there a cap on damages?
How quickly must I file a lawsuit? If a minor is involved, does the time period change?
How long does it take to conclude a traumatic brain injury lawsuit?
Can I resolve the damages of a traumatic brain injury by dealing directly with the other party's insurer?
What happens during a lawsuit involving traumatic brain injury in a child?
We have been told that my child’s mild traumatic brain injury will probably resolve itself. Should we call a lawyer anyway?
My insurer will not pay for my child’s traumatic brain injury rehabilitation. What can I do?
My child suffered a brain injury while playing high school sports. Who is liable?
My husband was partially at fault for the accident that caused his brain injury. Can we still recover damages?
I sustained a brain injury on the job. Who is responsible?
How can I get the attorney to charge the lower percentage even if it goes to trial? The attorney wants 20% of any settlement or 40% if it goes to trial
Is there a limit to what I can collect for in a traumatic brain injury lawsuit?
Burn Injury
FAQs
Burn Injuries: Conditions & Common Causes
Bone Injury
FAQs
Types of Bone Injury
Back Injury
FAQs
What is a non-spinal cord back injury? What are the types of non-spinal back injuries?
What is my case worth? Is there a limit on how much money I can recover? Is there a limit on damages I can recover for “pain and suffering?”
Are there any money damages that I can receive that are unique to back injuries?
Is there anything difficult to prove in my back injury case when suing for damages?
Will my back injury lawsuit go to trial? If so, can I still get a settlement? How long will it take until I receive the settlement money? Is it taxable?
How long do I have to file a car accident-related back injury lawsuit?
Is it important to determine who was at fault in an auto accident that caused a back injury?
Does the type and severity of a back injury affect the amount of damages recoverable in a car accident case?
I suffered from back injury pain prior to getting in an auto accident. How will that affect the damages in my current lawsuit?
Why do I need a back injury lawyer when I am offered a back injury settlement for all my bills from the other driver’s insurer?
I suffered a back injury on the job. Is workers’ compensation the only remedy available for a work related back injury?
Because of my job-related back injury, I have to take a lower salary job. Can I recover the difference in my salary before and after the accident?
My own health insurance has paid my medical bills. Will my health benefits limit the compensation for a back injury accident?
Will my back injury prevent me from obtaining insurance coverage in the future?
Bicycle Accidents
FAQs
What rights do bicyclists have in traffic in general? Are young children held to the same standard of care for their safety as adults?
The bike chain on my child’s dirt bike stripped while riding, causing him to crash head-on into the ground. Is the manufacturer of the bike or the store where we bought the bike liable for damages?
Our 2-year old cousin riding in a child’s seat behind my husband got her leg caught into the spokes of the bike. Is the design of the bike or child’s seat unreasonably unsafe?
My child insists that his bike stopped steering correctly before he crashed into a legally parked car and suffered head, facial and dental injuries. How can we prove that the bike was broken?
My daughter was wearing the bike helmet that we bought for her, but she still suffered a brain injury. Is the bike helmet maker liable?
Do I have to file immediately in a product liability case?
Our state requires that children wear a bike helmet while bicycling. My son went out without his, and died when a car hit him. Can we still sue?
Will any damages awarded as a result of our child’s bicycle accident go to him or to us, his parents?
Our daughter was an outstanding, highly respected gymnast, an Olympic-medal contender, but since her bicycle accident, she no longer can participate in gymnastics. Can she receive damages for this loss?
My child suffered a serious head accident while on his bicycle in a bike lane when he was hit by a car that turned right in front of his path. Who, besides the car driver, can be held responsible?
I was riding at night without a light on my bike when I was hit by another vehicle. My state’s law doesn’t require lights on bikes after dark. Can I still sue?
I received a mild concussion and three broken ribs while riding my bike due to hazardous road conditions. Is my city liable for my damages?
We paid a store $25 to assemble our child’s bike. We believe our child’s bike accident was caused by faulty assembly. Can we sue the store? What do we need to prove our claim?
I participated in a dirt bike competition sponsored by local bike shops. During one competition on the track, I took a spill because of a rut in the course, resulting in a concussion and broken arm. Who has liability?
My son and his best friend were racing each other down a hill, lost control and collided. I think it was his friend’s fault, but his parents say it was both their faults. Who is liable?
My 14-year old son and his best friend, only one wearing a helmet, were riding double, going too fast, when a car unexpectedly turned into them, forcing them off the road, causing both to tumble, suffering cuts, bruises, and facial injuries. Are they partially responsible for the accident? How are damages to be calculated?
The owner and driver of the car that hit me has no insurance and was drunk at the time of the accident. Will my own medical coverage kick in to pay for my bills? Can I sue the driver for damages?
Can I recover even if the motorist never hit me?
I was in a bike accident with a car that pulled out into my path. In taking evasive action, I fell, suffering only minor injuries, but my bike was badly damaged. Is there something an attorney can do for me that I cannot just do on my own with the insurance adjustor?
How much is my case worth? Is there a limit on how much I can collect?
How quickly must I file a lawsuit if I’m injured in a bicycle accident? If a minor was also injured?
Is there anything unique about the issues of available damages in a bicycle accident compared to other kinds of accidents or injuries?
Bicycle Accidents Increase Nationwide
Defective Products
FAQs
What about ‘accidents’ resulting from defective products?
What is meant by the term ‘defective product’?
What is the basis for product liability?
Cerebral Palsy
FAQs
Cerebral Palsy: Conditions & Common Causes
Children And Injuries
FAQs
Kids & Recreational Injuries
Defamatory Comments
FAQs
Are movie, theater, and restaurant reviews protected from defamation suits?
Can I sue for defamatory statements made by a witness under oath in court?
What is ‘defamation’?
Can I sue someone who says or writes something defamatory about me?
Can libel suits be brought by a public figure?
Disfigurement
FAQs
Disfigurement
Dog Bite
Articles
Dog Bite Injuries: More Common than You Might Think
Dog Bite Laws Cover More Than Just ‘Bites’
Understanding Dog Bite Lawsuits: When Is The First Bite “Free”?
Dog Bites: How Breed and Temperament Relate To Injuries
Dog Bite Injuries: Do’s & Don’ts
California Dog Bites: What Laws Protect Victims?
Dog Bite Injuries: Who Can Be Held Accountable?
Dog Bite Victims: What Damages May Be Available For Your Injuries?
Dog Bite Injuries: How a Lawyer Can Help
Dog Bite Lawsuits: Use Every Resource Available To You
Dog Owners Often Pay Big Bucks in Bite Cases
FAQs
I was bitten by a dog at a rental unit where I was treating an invasion of ants. The landlord let me in without the tenant's permission. I ended up going to the hospital for treatment. Can I sue?
Florida Dog Bite Injuries
Homes
FAQs
What happens if I injured myself at my friend's house?
Am I responsible for injuries to anyone who comes onto my property?
Our next door neighbor’s kids like climbing trees and jumping from planter boxes in our yard with regularity. I worry about potential injuries and have asked their parents to keep them off our property. It’s not working. What now?
My son and his neighborhood buddy, joe, were playing at our home and my son accidentally hit joe with a stick, cutting his check that required a hospital visit and stitiches. Are we responsible for paying joe's hospital and medical bill?
Negligence
FAQs
What is ‘negligence’?
Can negligence depend on who was doing what?
What is ‘comparative negligence?’
Personal Injury: Proving Negligence is Key to Winning a Personal Injury Lawsuit
Liquor Liability
FAQs
Florida Liquor Liability Laws & Lawsuits
Personal Injury Lawsuits
FAQs
The Personal Injury Lawsuit: What They Are and How They Work
Post-Traumatic Stress
FAQs
Post-Traumatic Stress Disorder: Conditions & Common Causes
Paralysis
FAQs
Paralysis
Pain, Suffering, And Lost Wages
FAQs
How do insurance companies and juries assign values to pain and suffering? What factors do they take into account?
Is there a difference in the value of a case if it is settled without a lawsuit instead of with a lawsuit?
What is reasonable pain and suffering?
I heard the screech of the car brakes outside when my son was struck by a car while riding his bike. Am I entitled to damages for my pain and suffering?
The neighbor’s dog bit my son’s arm when he was trying to pet her. When my son came home with a very bloody wound, I passed out from the sight of all the blood. My son is fine now, but I have nightmares about the dog. Can I sue for my pain and suffering?
After witnessing my husband getting hit by a car as a pedestrian, I had many sleepless nights and I couldn’t eat. He was ultimately fine, but I couldn’t get the pictures of the accident out of my head. What kind of proof must I offer to show I suffered from emotional distress?
My mom died as a passenger in a commuter plane crash. Can we, or her estate, be compensated for her pain and suffering in the final seconds of her life as the plane was going down?
If my husband arrived on the scene after my son was hit by a car while riding his bike, and, as a result of my husband’s emotional distress, he is unable to have intimate relations with me, can I sue for loss of consortium?
Even though my injury was minor, the pain in my back has lasted for over a year. Will I be appropriately compensated for my true pain and suffering?
I never went to the doctor following my truck accident because I thought the pain in my neck and shoulders would just go away. It’s been six months. Is it too late to go to a doctor now? Will I still be compensated for the pain I’ve endured?
The injuries I suffered from a car accident, I’m told by the doctor, will be permanent, and I will be in increasing pain for the rest of my life. How do you quantify – put a figure on – that long-term pain and suffering?
I have terminal cancer and while I was in the hospital, I was given the wrong medication and suffered severe pain unnecessarily. Can I sue for pain and suffering in my medical malpractice lawsuit? How much is my malpractice suit worth?
I am a blue-collar worker in the lumber industry. How are my lost wages calculated if I am injured in an accident? Are my gross wages or my net wages used? What kind of documentation is required?
How do insurance companies calculate “lost wages,” especially loss of future earnings?
I took my two-week paid vacation plus some extra sick time to stay home and heal from my injuries. Now I have no vacation time left for the rest of the year. Am I entitled to be paid for this time by the responsible driver? Can I recover for lost earnings even though I did not lose any income? How can I prove I took this time off?
I am self-employed and I had to shut down my business for a couple of months after my accident due to my injuries. I missed important business meetings with current and potential clients. My business lost money while I was laid up. How will my losses be calculated? How can I prove lost income opportunities?
My doctor said I could go back to work two weeks after the accident, but I was still in pain, so I decided to stay home one more week. Will I be compensated for the additional week of lost pay? How do I substantiate my lost wages?
I’m a pharmaceutical salesman who works on commission. After I was injured, I probably lost a lot of money because I couldn’t make calls on my clients to deliver samples, take orders, or sign on any new clients for a few weeks. Am I entitled to compensation for the money I would probably have earned?
I am a 28-year-old auto mechanic and the sole support for my wife and two young children. I was hit by a drunk driver and permanently paralyzed from the waist down. How do you assess the settlement value of my case? Will the settlement reflect the fact that I will no longer be able to work in the same occupation and that I will probably have to take a pay cut in my next job?
My 60-year old father was in a serious rollover accident while driving his SUV, and had to be removed from the vehicle with the Jaws of Life. His leg was badly crushed and even with rehabilitation therapy, it will be years before he can walk again, says his doctor. How will the value of his case be assessed? Is age a factor?
My daughter, who was attending veterinary school, was severely injured when she was a passenger on a bus that swerved to miss a deer and broke through the guardrail and down an embankment. Her long-term memory is severely impaired. Her neurologist says the brain injuries will likely be permanent. How will her potential loss of earnings and loss of her career as a vet be calculated?
I lost all chances to make the NBA when I was hit head-on in a multiple car pile-up. Will I receive damages for the loss of my dream career?
I am a stay-at-home mom with three young children, recently confined to bed for three weeks due to injuries suffered in an automobile accident. My husband works full time. How do you calculate my lost earning capacity? How do I document it?
I am a 34-year-old single mom with two kids to support. I was unemployed when I was injured in a head-on car crash 3 months ago, but I was looking for a job as an office worker. This has delayed my finding a job. How do you calculate my lost/future earnings?
My sister drove across railroad tracks and was hit by a train. The gates had not come down and the lights were not flashing. Miraculously, she survived, but she is in a persistent vegetative state and the doctor doesn’t know if she will ever come out of the coma. How do you put a dollar figure on the value of her case?
Property Damages
FAQs
How is the value of property damage determined?
Can a person be exempt from liability for property damage?
What are the legal definitions of damage and damages? Do they mean different things?
If my property was damaged and it wasn't my fault, what can I get by way of compensation for expenses, including all of the little, incidental expenses? What types of damages are there?
What does "property" mean in the legal world?
Slip And Fall
FAQs
I fell down and injured myself on someone else's property. I don't feel well. Should I wait to see if I feel better before doing anything about my slip and fall accident?
If I pursue a lawsuit against a landowner for a slip and fall accident, what are some of the things that the landowner might argue against me?
What kinds of damages are available in a slip and fall injury, and is there a cap on damages, especially on pain and suffering?
What is a "slip and fall" injury?
What types of dangerous or hazardous conditions typically cause slip and fall accidents?
Is there anything unique about a slip and fall accident that affects the recovery of damages?
What kind of a case could be made against me to prevent me from collecting in a slip and fall case?
What should I do immediately or soon after a slip and fall accident?
What should I avoid doing after a slip and fall accident?
Suppose I don’t fully recover from my injuries, or I’m not sure if I might need future surgery. Do I have to settle within a certain amount of time?
Is it to my advantage to get a trial instead of settling my slip and fall accident case?
Do I need a lawyer for a slip and fall case?
Is it true that to hire a lawyer to handle my slip and fall case I have to give him or her a lot of money up front?
The injuries from my slip and fall accident appear to be minor. Why would I want to contact a lawyer rather than try to settle my case quickly with the insurance adjuster?
What if the insurance carrier is now offering a reasonable amount for my slip and fall accident. Should I see a lawyer anyhow?
I’ve injured myself in a slip and fall at my home. I don’t like the settlement offer made by my insurance carrier. Would I benefit from consulting with a lawyer?
What if my lawyer wants to settle my slip and fall case but I want to go to trial or vice versa?
What if my slip and fall injury was on my landlord’s property? Or at work? Or at the mall? How does that affect the process?
If I have a slip and fall accident on public property, such as a city street or in a public building, is there a different time limit by which I have to make a claim than if I am injured on private property?
My elderly aunt, who does not have all her mental faculties, slipped and toppled over on a wet floor in her nursing home. What can I do for her? Do I need to seek an attorney?
I slipped at a friend’s house and injured myself when I fell. Do I have a case?
I had a slip and fall accident at a friend's apartment. If I sue the landlord because the landlord ignored a loose step, can my friend be dragged in?
Suppose someone besides the landowner was responsible for the slip and fall accident?
I injured myself from a slip and fall on the job. Can I file a claim against my employer?
I tripped on some exposed cables in my office building and suffered injuries to my wrist. The building management says it is my fault; I disagree. Who do I look to in order to recover my expenses?
I am a property owner, and someone slipped and fell on my property. What should I do?
The roofer on my home fell off and injured himself. Am I (or my homeowners insurer) liable for his medical costs? Can the roofer apply to his own policy (or his employer's) for recovery of his expenses?
I am a small-business owner. What can I do to reduce my chances of becoming involved in a slip and fall lawsuit?
The person who caused my slip and fall injury has no money or insurance. What can I do as my medical and physical therapy bills are piling up?
My slip and fall injury was covered by my insurance carrier. Will my health insurance limit my compensation for a slip and fall accident?
I don't have medical insurance or any money. Can an attorney help me to get treatment for my slip and fall injuries from a doctor who will not charge me until my case is over?
How quickly must I file a lawsuit if I'm injured in a slip and fall accident? What if a minor is injured?
I am a property owner, and someone slipped and fell on my property. What should I do?
I was injured after a slip and fall, and I think it was the fault of the landowner. What will I need to prove my case?
Spinal Cord Injury
FAQs
Spinal Cord Injury: Conditions & Common Causes
What are spinal cord injuries?
How quickly must I file an accident-related spinal cord injury lawsuit? Are there any special filing periods when a minor suffers a spinal cord injury? Are there any special deadlines on claims against the state or federal government?
What is my case worth? Is there a limit on what I can collect for a spinal cord injury? Is there a limit on damages for “pain and suffering” in some states?
Are there any financial damages that I can receive that are unique to spinal cord injuries?
The person who caused my spinal cord injury has no insurance, no money and no likelihood of having any money in the future. Is there any way I can recover money for my injury?
How does the extent of spinal cord injury paralysis affect the damages in a lawsuit?
Are there any cures for the effects of spinal cord injuries?
What can a lawyer with spinal cord injury lawsuit experience do for me? What is it going to cost me? Can I negotiate?
What is the process once I hire a lawyer to handle my spinal cord injury case?
Should I contact a lawyer even if I think the settlement that the at-fault party’s insurance company offered me is fair?
My spinal cord injury occurred during an accident that I may have partially caused. How does that affect my compensation?
I suffered a spinal cord injury at work. What are my options?
I suffered a spinal cord injury while skiing. Who can I sue?
My spinal cord injury was due to a motorcycle accident. The other driver was at fault, but he cannot be found. What happens now?
My insurance carrier helped pay my medical bills for my spinal cord injury. Will I have to reimburse them from my settlement?
Soft Tissue Injury
FAQs
Soft Tissue Injury: Conditions & Common Causes
Nerve Injury: Conditions & Common Causes
Ligament and Cartilage Injury: Common Causes and Conditions
Strict Liability
FAQs
What is ‘strict liability’?
Treatment Center Abuse
FAQs
Alabama Treatment Center Abuse: Your Personal & Legal Rights
Waivers Of Liability
FAQs
How effective is a ‘waiver of liability’?
So I am out of luck?
Whiplash Injury
FAQs
Whiplash Injury: Causes, Symptoms and Treatment
I suffered a neck injury in a hit and run accident. What should I do if I can’t locate the person who hit me?
What can I do to pay for my neck injury treatment, short of filing a lawsuit?
What are my legal options when I suffered a neck injury at work. Does the fact that I received sick leave pay limit my recovery for the injury?
How do I prove a whiplash injury when it does not appear on x-ray?
Who is responsible for my whiplash injury in a multi-car pile up on the freeway?
I suffered from neck pain prior to getting in an auto accident. Will my pre-existing pain make a difference?
Are there any financial damages that I can receive that are unique to neck injuries?
I suffered a head and neck injury in a car accident. How can I tell how much my lawsuit is worth?
What are the symptoms of whiplash?
Is whiplash a neck injury?
I think I injured my neck in a car accident. Should I wait to see a doctor until after I see a lawyer?
I have developed Degenerative Disc Disease in my neck from a severe whiplash injury suffered in a car accident many years ago. Has time run out to to bring a lawsuit?
Is there a limit on how much I can collect for a neck injury? What if I was at fault?
Pedestrian Accidents
FAQs
My mother was run down in a marked crosswalk in broad daylight. Is the driver liable even if there wasn’t a signal?
I was hit by a car while out walking, but the driver stated that he couldn’t see me because the brush in the ditch had grown up so high. Is the owner of the land or the county liable for my injuries?
I was crossing against the light (jaywalking) and was hit by a car. Since the driver could see me and should have avoided, can I still sue?
I was roller-blading with my dog, which pulled me out into traffic. Is the car that hit me liable for my damages?
My spouse was hit by a car and needs complete, round-the-clock care. Can I receive damages for providing this care or for the fact that we no longer have the marriage we once enjoyed? What is my claim worth?
My husband and 10-year old daughter were out walking when he was hit and killed by a car. She has been in depression ever since, missing school. Can my daughter receive damages for her mental distress? What factors are taken into account in the calculation?
My son was killed when he was hit by a drunk driver on his way home from school. Is anyone besides the driver liable for my son’s death?
A traffic light in our town does not give a long enough “walk” signal to get across the street; there are also no pedestrian islands. Is the city liable for any accidents that occur as a result?
The concrete on the sidewalk was broken up and while trying to cross it, I fell and broke my arm. Is the city liable for not repairing it fast enough? Shouldn’t the city have had a warning sign?
The morning after a snowstorm, I was crossing the street and slipped on some ice. Is the city liable for not making sure the crossway wasn’t slippery?
My husband was killed while out walking in our residential neighborhood when a vehicle involved in a high speed police chase hit him. Is the police department or the police officer liable?
My son’s friend pushed him off the sidewalk into the path of an oncoming vehicle. Who is liable?
My 3-year old darted out in front of two illegally parked vehicles and was hit by a delivery truck that was driving a bit over the posted speed. My son remains in a coma. Who is liable?
My 76-year old aunt who has difficulty seeing and hearing clearly was hit by a skateboarder going across a pedestrian bridge. The skateboarder claims he yelled out a warning. Is there any liability on the part of the skateboarder for the injury to my aunt?
My nephew suffered from cerebral palsy and had difficulty walking. He began crossing a street with the light; however, due to his disability, he was not completely across the street when the light changed. A car hit and killed him. Is the driver liable even though my nephew was in the intersection against the light? Is the city liable for not providing a walk signal that was long enough?
I was walking back to my car in the parking ramp at the local mall when I was hit by a car. Is the mall liable for my injuries as well as the driver of the car?
Why should I hire an attorney to handle my case? Can’t I just settle it myself with the insurance company?
Accident & Injury
FAQs
What about "reckless" conduct?
Suppose the accident is "all my fault"?
As "accidents happen" why are lawyers involved?
While driving next to a golf course that had no fencing, my car’s window was cracked by a golf ball. The manager of the course claims no liability and told me that it is the person who hit the ball who is liable. This person is impossible to find. Can I sue?
If I go to a circus knowing that wild animals are there, or to a baseball game and get hit by a foul ball, do I "assume the risk"?
I injured somebody in an auto accident. The insurance company refused to settle within my policy limits. The jury awarded damages in excess of my policy limits. Must I pay the excess instead of the insurance company?
How do insurance adjusters operate?
What about "accidents" resulting from defective products?
What is the difference between "no-fault" and "at-fault"?
I loaned my car to a friend who was involved in an accident. Am I liable if my friend was at fault?
What is negligence?
Should I try to settle with the other person’s insurance company?
Are different types of accidents treated differently?
What if the ‘accident’ involves intentional wrongdoing?
Suppose the accident involves an inherently dangerous activity?
What about accidents occurring from plain old negligence or carelessness?
What about ‘accidents’ that result from an ‘act of god’?
Do people need a lawyer for all accidents?
Do I have to pay the lawyer in an accident case up front?
If I am in an accident do I have to speak to the other side’s insurance company?
Toxic Mold
FAQs
What is Mold?
Got mold? The new four letter word.
Since mold has been on the planet forever, why the sudden surge in mold claims in the past few years?
Can mold be toxic (Poisonous)?
What are the health effects of mold? A range of fungi--A range of health effects
Five years ago we purchased a 7-year old home. In the last 6 months, my health has been deteriating, I have been suffering burning eyes, headaches, skin rashes, repeated colds and insomnia. Could I have mold in my home even though other members living in the home are unaffected?
I have a standard homeowners insurance policy (HO-3). Surely it will cover my costs related to a mold problem?
Shouldn't the pollution exclusion clause in my property policy apply to my claim of indoor contamination?
I just purchased a 4-bedroom colonial style home and it is unlivable. I found I have a mold problem that has crept under my kitchen floorboards and spread to other areas. I want my agent strung up along with my building contractor--in front of my home would be fine. But I suspect my insurance carrier will not cover the repairs.
I just purchased a waterfront condo. It was suppose to be our dream. It's a nightmare. Within months of purchase, we found my floor joints and common wall rift with mold. My family has suffered unbearable headaches, joint pain, nosebleeds, and rashes. The seller did not disclose any mold problem. The condo association is mum. Who do I square off against?
Our new house had a terrible mold problem that we discovered soon after we moved in, and we had to get the problem fixed immediately. Can we recover money to compensate my family and I for the physical symptoms we suffered and for our costs to make our home livable?
I am a renter. I was forced to vacate because the mold had made me so sick that I needed a respirator to enter my apartment. My landlord turns a deaf ear to my complaints. Who is responsible for removing the mold?
I purchased a 20-year old home and remodeled shortly thereafter. Recently when I removed wallpaper I found underneath about a 4-foot area of mold. My insurance carrier tells me that the fungi and pollution exclusion on my policy does not apply. Both the contractor and wallpaper folks have gone out of business years ago. Am I looking to front the entire cost?
A co-op corporation owns the building I live in. Mold has built up my unit walls and my neighbors. Whose responsibility is it to clean up?
I informed my insurer that our home contained deadly mold and our health was damaged. So far our insurer has delayed in responding. Do we have a bad faith claim against the insurer?
I was so sick from the mold in my house that I missed a lot of work. I finally figured out that mold was the problem and got it fixed, but I lost out on income and paid for the remediation out of my pocket. Who can I sue?
My workplace is making me sick. I'm pretty sure that the medical problems (e.g., sinus infections, muscle pains, dizziness) I am experiencing stem from mold inhalation in my office. My employer refuses to investigate, writing me off as a pyschosomatic whiner. What should I do?
Can I get workers' compensation for toxic mold illness?
I feel like we really got taken when we bought our house. It is full of mold, and our neighbors say the previous owners knew it. What kind of money damages are available if my family and I file a lawsuit against the people who sold us a house with an undisclosed mold problem?
What are the liability issues involved in a mold case?
We have spent almost 2 years going back and forth with our insurance company about who is responsible for the mold problem in our house. Is it too late to file a lawsuit against all the possible responsible parties, including our own insurer?
Who is legally responsible for the mold problem in my house? My homeowners' insurance company says it's the builder, the builder says it's the architect, and the architect says it's our homeowners' insurance! Who do I believe, all of them, none of them, or soem of them?
Are the laws relating to mold lawsuits the same in every state? We have property in Texas and in California with dangerous levels of mold, and we keep hearing different opinions in each state.
Is it better for us to bring individual lawsuits against the people responsible or to join a class action lawsuit? What are the factors we should consider in deciding whether to join as a member of a class or file individually?
Playground Injury & Accidents
FAQs
My child was injured at the city playground on their equipment. Is the city liable for his injuries?
My son was injured playing on his school’s playground equipment on a Saturday. Is the school district liable?
My daughter was being chased by an older child at the city playground. She tried to climb the jungle gym to get away, and fell. Is the playground liable as well as the parents of the older child?
Our city’s playground has old equipment that hasn’t been kept up. If a child is injured on this equipment, is the city liable for not replacing it?
My child was injured at the school playground during recess, even though there was an adult playground monitor. Who is liable for his injuries?
My child was injured when another child was misusing the swings at our playground. Who is at fault?
Can we sue the school for our child’s injuries that he suffered at the playground when he climbed the fence to get into the playground at night?
Arsenic was found in the landscaping timbers used at the school playground. What should I have my child tested for to determine if she has suffered from exposure to this?
We just found out that our city built the playground on a contaminated site. How do we make sure that our children are compensated for any exposure-related injuries that show up later?
My kids were fooling around on the playground equipment at an abandoned school and one fell, hitting other equipment on the way down to the ground. Does the town have any liability even though the school has long closed?
Some of the trees at our city’s playground were dead, and a child was injured by a falling tree branch. Is the city liable for not taking those trees down?
The city has admitted that it knew it was unreasonably dangerous to have concrete under the jungle gym at the playground. Can I hold them accountable for this admission?
My 9-year old collided with another boy on some monkey bars at a fast food restaurant. He fell to the pea gravel surface, suffering fractures and internal injuries. Since there was fault at the start, will my damages be restricted? Does the owner of the fast food restaurant have any liability?
The untied drawstrings on my 7-year-old’s hooded sweatshirt got snagged near the top of the slide and tightened as she slid down, strangling her. The manufacturer of the equipment went out of business a decade ago. What are our options now? Can I go after the clothing manufacturer and the school district as well?
Welding Rods
FAQs
What is it about welding rods that causes medical problems?
How long do you have to be exposed before you suffer adverse health effects?
What is manganese?
What are the uses for manganese?
How does manganese affect health?
How long has it been known that welding rod exposure causes disease?
What is the problem with welding rod fumes?
What are some of the diseases or disorders that are related to welding rod exposure?
My father was a welding supply salesman, and now has Parkinson’s. How can I prove the connection?
My employer provided ventilators, but I never used one while I was welding. Does this mean I don’t have a case against my employer even though I now have Parkinson’s? What can I use to document my case?
My employer says that at the time I was welding, I had the proper safety equipment. Does this mean my employer isn’t liable for my damages?
Is my employer the only one who is liable for my welding rod exposure?
What other benefits might I be able to get from my employer?
I have used welding equipment in my hobbies but not at work. Who is liable for my injuries due to welding rod exposure?
I have Parkinson’s but I only remember a brief exposure period to welding gases. Can I prove that they are related?
What are the types of damages I can expect to receive in my welding rod case? How do you calculate what my case is worth?
I lost my spouse to complications from Parkinson’s disease. I have now heard that exposure to welding rods can cause Parkinson’s. Is it too late for me and my family to prove a case?
Am I limited to workers’ compensation for my welding rod exposure disease? I retired about 3 years ago. Will my recovery in a civil lawsuit against the manufacturer, distributor, etc. affect my workers compensation claim for welding rod injury? Do I get to keep all the benefits?
My spouse developed Parkinson’s which was linked to his job, but his company has gone out of business. Does he still have any recourse?
I have done welding in my home for over a decade. Won’t my standard homeowners insurance cover my medical problems?
What is the difference between a class action and multi-district litigation for welding rod cases?
Can I sue for manganese poisoning on my own and avoid using a lawyer? Or should I file as a member of a class? What are the pros and cons of each?
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