Frequently Asked Questions
General questions about how personal injury claims work. For questions specific to a particular type of accident or injury, visit the relevant practice area guide.
General Questions
What is the difference between a settlement and a verdict?
A settlement is an agreement reached between the parties to resolve a claim without going to trial, while a verdict is a decision issued by a judge or jury after a trial. The vast majority of personal injury claims are resolved through settlement.
Will my personal injury case go to trial?
Most personal injury cases settle before trial. Litigation is often a lengthy and uncertain process, and both sides frequently have incentives to negotiate a resolution. However, some cases do proceed to trial, particularly when liability or damages are heavily disputed.
What does 'contingency fee' mean?
A contingency fee arrangement means an attorney's fee is a percentage of the amount recovered, and is only owed if the case results in a settlement or favorable verdict. If there's no recovery, the client typically owes no attorney fee under this arrangement, though they may still be responsible for certain case costs depending on the agreement.
Can I handle a personal injury claim without a lawyer?
It's possible to handle a claim on your own, particularly for very minor incidents with clear liability and limited damages. However, insurance companies generally have far more experience negotiating claims, and an attorney may be able to identify damages or legal theories that aren't obvious to someone unfamiliar with the process.
What happens if the at-fault party doesn't have enough insurance to cover my damages?
If a claim's value exceeds the at-fault party's insurance limits, options may include pursuing the at-fault party's personal assets (which can be difficult if they have limited assets), or looking to your own insurance policy if you have applicable coverage, such as underinsured motorist coverage.
How is fault determined when both parties dispute what happened?
Disputed liability is often resolved through evidence such as police reports, witness statements, photos and video, accident reconstruction analysis, and any available electronic data (such as vehicle event data recorders). In litigation, a judge or jury may ultimately decide how to apportion fault based on the evidence presented.
Car Accident Injury Claims
How long do I have to file a car accident injury claim?
The deadline, known as the statute of limitations, varies by state and typically ranges from one to six years from the date of the accident. Missing this deadline generally means losing the right to sue, so it's important to understand the specific time limits that apply in your location.
What if the other driver doesn't have insurance?
If you have uninsured or underinsured motorist coverage as part of your own policy, that coverage may help pay for your medical bills and other losses. Without such coverage, recovering compensation can be more difficult and may require pursuing the at-fault driver directly for any personal assets they may have.
Can I still recover compensation if I was partially at fault?
In many states, you can still recover compensation even if you share some responsibility for the accident, though your total recovery may be reduced by your percentage of fault. A small number of states bar recovery entirely if you are found even slightly at fault, so the rules in your jurisdiction matter significantly.
Do I need to go to a doctor if I don't feel injured?
Yes. Some injuries, particularly soft tissue injuries and concussions, can take hours or days to produce noticeable symptoms. A prompt medical evaluation both protects your health and creates documentation that connects any injuries to the accident, which can be important for any future claim.
Truck Accident Injury Claims
Are truck accident settlements larger than car accident settlements?
Because truck accidents often cause more severe injuries and involve larger insurance policies (commercial carriers are typically required to carry significantly higher minimum coverage than private drivers), settlements and verdicts in truck accident cases can be substantially higher — though every case depends on the specific facts and damages involved.
What evidence is important in a truck accident case?
Important evidence often includes the driver's logbook and electronic logging device data, the truck's maintenance records, dashcam or event data recorder ('black box') footage, the driver's qualification file, and any drug or alcohol testing results following the crash.
How quickly should evidence be preserved after a truck accident?
As soon as possible. Trucking companies may have policies for routinely overwriting or deleting electronic data after a set period, so prompt legal action — sometimes including a formal request to preserve evidence — can be important to ensure key records aren't lost.
Motorcycle Accident Injury Claims
Does not wearing a helmet affect my ability to file a claim?
In most cases, you can still file a claim against an at-fault driver even if you weren't wearing a helmet. However, depending on your state's helmet laws, the lack of a helmet could potentially be used to argue that some head injuries were avoidable, which may affect the value of that portion of your claim.
Why do motorcycle accident claims often face more scrutiny?
Some insurers and jurors hold preconceived notions about motorcyclists being inherently riskier or more reckless than other drivers. Overcoming this bias often requires clear, objective evidence — such as traffic camera footage, cell phone records of the other driver, or accident reconstruction analysis — to establish exactly what happened.
Slip and Fall Accident Claims
What should I do immediately after a slip and fall accident?
Report the incident to the property owner or manager and request a written incident report. Take photos of the hazard that caused your fall (such as a wet floor, broken step, or debris) before it can be cleaned up or repaired, and try to identify any witnesses. Seek medical attention even if injuries seem minor.
What if there was no warning sign for a wet floor?
The absence of a warning sign can support a claim that the property owner failed to take reasonable steps to protect visitors from a known hazard. However, you'll still need to show the owner knew or should have known about the wet floor in time to act.
Can I file a claim if I fell on government property?
Claims against government entities (such as a fall on a public sidewalk or in a government building) are possible but often involve special procedural rules, including shorter notice deadlines and specific filing requirements that differ from claims against private property owners.
Medical Malpractice Claims
How do I know if I have a valid medical malpractice claim?
A valid claim generally requires showing that a provider owed you a duty of care, breached that duty by failing to meet the accepted standard of care, and that this breach directly caused you harm resulting in damages. Because this analysis requires medical expertise, an early case review with a qualified attorney and medical expert is typically the best way to evaluate a potential claim.
What is 'informed consent' and how does it relate to malpractice?
Informed consent requires healthcare providers to explain the risks, benefits, and alternatives of a proposed treatment so a patient can make an educated decision. If a provider fails to adequately inform a patient and the patient is injured by a risk they were never told about, this can form the basis of a malpractice claim — even if the procedure itself was performed correctly.
Is there a deadline for filing a medical malpractice claim?
Yes, and these deadlines are often shorter and more strictly enforced than in other injury cases. Many states also have an overall 'statute of repose' that bars claims after a certain number of years regardless of when the injury was discovered, making prompt legal consultation especially important.
Wrongful Death Claims
How long do surviving family members have to file a wrongful death claim?
Most states impose a statute of limitations for wrongful death claims, often around two years from the date of death, though this varies by jurisdiction and the underlying cause of the death (for example, claims involving medical malpractice may have different deadlines).
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family members for their own losses resulting from the death (such as lost financial support and loss of companionship). A survival action, by contrast, allows the deceased's estate to recover damages the deceased personally suffered before death, such as medical expenses and pain and suffering experienced prior to passing.
Can a wrongful death claim proceed if no criminal charges were filed?
Yes. A wrongful death claim is a civil matter that is entirely separate from the criminal justice system. Civil claims can proceed regardless of whether criminal charges are filed, dropped, or result in an acquittal, because civil cases use a different standard of proof.
Dog Bite & Animal Attack Claims
What should I do after being bitten by a dog?
Seek medical attention promptly, as dog bites carry a risk of infection and may require treatment such as stitches or a rabies assessment. Try to identify the dog's owner and obtain information about the dog's vaccination history, photograph your injuries and the location of the attack, and report the incident to local animal control or law enforcement.
Can I file a claim if the dog has never bitten anyone before?
In states with strict liability laws, a dog's prior history generally doesn't matter — the owner can still be held liable for a first-time bite. In 'one bite rule' states, a lack of prior incidents may make the claim more challenging, though other theories like general negligence may still apply.
Does homeowner's insurance cover dog bite claims?
Many homeowner's and renter's insurance policies include liability coverage for dog bites, which is often the source of compensation in these cases. However, some policies exclude certain breeds or may be canceled if an insurer learns of a dangerous dog, so the specifics of the owner's policy can matter significantly.
Workplace Injury Claims
Can I be fired for filing a workers' compensation claim?
Most states prohibit employers from retaliating against employees for filing a workers' compensation claim in good faith. If you believe you were terminated or otherwise punished for filing a claim, this may give rise to a separate legal claim against your employer.
What if my employer says my injury doesn't qualify for workers' comp?
Workers' compensation claims can be denied for various reasons, including disputes over whether the injury actually occurred at work, whether it was reported in time, or whether it falls under an exception (such as intoxication). Denied claims can often be appealed through an administrative process specific to your state's workers' compensation system.
Is it worth pursuing a third-party claim in addition to workers' comp?
If a third party's negligence contributed to your injury, a separate claim could provide compensation for losses that workers' compensation doesn't cover, such as full pain and suffering damages. Evaluating whether a viable third-party claim exists typically requires a detailed review of how the accident happened and who was involved.
Defective Product Injury Claims
Do I need to prove the manufacturer was careless to win a product liability case?
Not necessarily. Many product liability claims are based on 'strict liability,' which focuses on whether the product itself was defective and unreasonably dangerous — rather than on whether the manufacturer acted carelessly. This can make these claims somewhat different from traditional negligence-based personal injury cases.
What should I do with a defective product after an injury?
If possible, preserve the product in the condition it was in at the time of the injury, including any packaging, instructions, and receipts. Avoid attempting to repair or alter the product, as its condition may serve as critical evidence in evaluating what went wrong.
Can I file a claim even if I wasn't the one who purchased the product?
Generally, yes. Product liability law typically protects anyone who is injured by a defective product while using it as intended or in a reasonably foreseeable manner — not just the original purchaser. This can include family members, bystanders, or other users of the product.
Nursing Home Abuse & Neglect Claims
What is a long-term care ombudsman?
A long-term care ombudsman is an advocate, typically appointed through a state program, who investigates complaints made by or on behalf of residents of nursing homes and other care facilities, and who can help resolve issues related to care and resident rights.
Are bedsores always a sign of neglect?
Not necessarily — some residents are at higher risk for pressure ulcers due to their medical conditions. However, advanced or worsening bedsores can be a sign that a facility failed to follow appropriate prevention protocols, such as regular repositioning, proper nutrition, and timely treatment.
Can a family member file a claim if the resident has since passed away?
Yes, in many cases. If neglect or abuse contributed to a resident's death, surviving family members or the estate's representative may be able to pursue a wrongful death claim, in addition to any claims related to injuries the resident suffered before passing.