General Personal Injury FAQs
A claim that the defendant in a suit has against the plaintiff from the same transaction.
Discovery allows both parties to “discover” information in the case. The purpose is to narrow the basis of the complaint and to eliminate surprises to both parties.
Written questions by one party to the other, which are answered under oath.
A formal interview under oath in the presence of a court reporter. The answers in a deposition are oral.
Only about 25% of all personal injury cases end in a court; most will settle.
Usually it will include attorney, clerk, witness, and docket fees.
Principles that govern relationships between people, where no crime has been committed.
When a large group of plaintiffs sue a large group of defendants naming a representative in place of the entire group. Examples would be the tobacco industry suits and the suits against the drug manufactures of the popular diet medications, such as fen-phen.
A failure to act reasonably in a situation. Doing something carelessly or failing to do something; i.e. driving without your headlights on.
Damages awarded to punish the defendant.
This would generally be money awarded over and above medical costs and lost wages.
Not necessarily. You must first prove the grocery store either created the hazardous situation or had previous knowledge of it. If you can prove both these things, the amount of your "award" will be directly related to your injury, medical costs and loss of income.
This is a big misconception. If you don’t suffer an injury or incur financial losses, chances are slim that you’ll collect any monetary award.
Negligence does not simple mean doing something wrong. All of the following elements must exist for an act to be considered negligent:
a. Lack of reasonable care
b. Breach of duty
c. Injury to the victim
d. Forseeability (knowing an act would occur based on the circumstances)
Call us on 305 534-3460 with all your questions. Or contact us here