Frequently Asked Questions
It is often a confusing and stressful time after you have been injured in a slip & fall or a car accident. Firstly, you should look after your health and seek medical attention immediately. When you are ready, you can begin the process of seeking a personal injury claim for your injuries. Here are some frequently asked questions about the initial steps in settling a personal injury.
1. How do I know if I have a personal injury case?
First, you must have suffered an injury as a person or property. Second, you should consider whether your injury was someone else's fault. It is not always necessary to have a physical injury to pursue a personal injury lawsuit. Some personal injury claims could be based on a variety of nonphysical losses and harms, such as mental distress, depression, or loss of valuable time. In the case of an assault, for example, you do not need to show that a person's action caused you actual physical harm, but only that you expected some harm or danger. You may have a case if someone has invaded your privacy, attacked your reputation, or inflicted emotional distress upon you.
2. How soon after I am injured do I have to file a lawsuit?
Settling a personal injury claim can be time consuming, and if you fail to file your claim in a timely manner, you may be unable to collect any sort of compensation due to a "statutes of limitations." The statute of limitations gives you the maximum time you have to litigate for certain types of lawsuits. If this time period passes you up, you may be barred from ever bringing suit to recover for your injuries. In California the laws regarding statute of limitations has in the past been changed by the legislature. It is very important to contact the attorneys at Mathew & George for more thorough and current information regarding the statute of limitations relevant to your case.
3. What should I bring with me for my meeting with a lawyer?
Provide your attorney with any documents that might be related to your case. This can include police reports, which contains eyewitness information and details about the conditions of auto accidents, fires, and assaults. Copies of medical reports and bills from doctors and hospitals will help demonstrate the size and nature of your injuries. It is also helpful to provide information about the insurer of the person who caused your injury, as well as any photographs you have of the accident scene, property damage, and your injury. Don't worry if you haven't collected any documents at the time of your first meeting with your attorney, because they will be able to obtain them in their investigation. Please visit our Do's and Dont's page for more information.
4. What if a person dies before pursuing a personal injury lawsuit?
If a person injured subsequently dies as a result of an accident, slip & fall, or medical malpractice, then that person's heirs may recover a settlement through a lawsuit known as a "wrongful death" action. Even if the person with a personal injury claim dies from unrelated causes, the personal injury claim will remain in most cases and may be brought to court by the executor or representative of the deceased person's estate.
5. How soon do I have to file a claim against the government for my personal injury?
If you need to file a claim against the government or a government agency/employee, you have a limited amount of time in which you must file a claim. Depending upon your type of case and the state you live in, the time period usually ranges between 30 days to one year. If you do not abide by these timelines, you may lose your right to recover any sort of compensation for your injuries or property damage. It is very important to contact the attorneys at Mathew & George for more thorough and current information regarding the filing of your government claim.
6. What is "Negligence"?
Negligence is the carelessness that causes personal injury to someone else. It can be an action, like recklessly knocking a brick off a rooftop, or a failure to act, like a property owner who fails to repair a broken step. Negligence often forms the basis for personal injury lawsuits. To support a legal claim for negligence, the claim must have four elements:
-The defendant's breach of duty caused the plaintiff's injury or accident
-The defendant failed to exercise due care towards the plaintiff (breached the duty)
-The defendant (the person/entity being sued) owed the plaintiff a duty of care under the circumstances
-The plaintiff was harmed, injured, or suffered damages as a result
6. What if I can't prove that negligence caused my injury? Is there any other reasoning for personal injury liability besides negligence?
Yes. If negligence cannot be shown, there are other options. These include, among others:
-Strict Liability: Holds designers and manufacturers strictly liable for injuries from defective products. In these cases, the injured person does not have to establish negligence of the manufacturer, but need to prove that the product was unreasonably dangerous when used as intended.
-Intentional Wrongs: can also be the basis of personal injury claims, though they are rarer. If someone hits you, for example, even as a practical joke, you may be able to win a suit for battery. Or if a store wrongly detains you for shoplifting, you may be able to win a suit for false imprisonment.
7. Will the person who caused my injury be punished?
No, since punishment comes from criminal cases, not civil cases. People who have committed actions for personal injury do not receive jail terms or enormous fines as punishment. Those are criminal sentences and personal injury cases are civil disputes. But courts can award punitive damages when a person's intentional acts have injured you. The goal of payment for punitive damages is to discourage such defendants and others from engaging in the same kind of harmful behavior in the future.
8. I was hurt in an accident. What do I do first?
Please view our Accident Checklist. These steps are valid in most situations and should be completed before visiting your lawyer (note: if you need to file a claim against the government or a government agency, there are other specific steps that should be taken, please see #5). It only takes seconds for an accident to happen. Afterwards, you need to act quickly to protect yourself and others involved.
9. What do I do if I’ve been in a Hit & Run Accident?
A hit-and-run accident is when a vehicle collides with another vehicle, a pedestrian or an object, and the driver doesn't stop and take responsibility for the accident. This is a crime. If you're the driver, contact the police as soon as possible. You'll be in a better position if the police don't have to come looking for you. You might want to contact your lawyer first. If you're the victim of a hit-and-run accident, call the police as soon as possible. It's best if you can call from the scene.
In some circumstances where there are hit and run accidents, you must establish if your insurance provides UIM and/or UM coverage. For more information on this topic, please visit or UIM & UM Coverage page.
10. How can I establish that my doctor acted negligently in a medical malpractice case?
Before you show that your doctor failed to provide adequate medical care, you need to use a medical expert witness in your case. This person must be someone who is qualified in the same specialty as your doctor, as they will need to show that your doctor acted differently than he should have. Our lawyers can help you find a witness qualified to fill this role. You you will need to prove that a doctor/patient relationship did indeed exist between you and the doctor that is being accused of negligence. You will then need to give an example of what the expected standard of care was, which your medical witness may help with. It is then the responsibility of you, your lawyer, and witness to show that the standard of care was not given, thus establishing negligence.
Next Steps:
Continue your research with a qualified personal injury law expert. Contact Mathew & George at (888)278-7878 or email jacob@mathewandgeorge.com for a free case analysis.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
