Personal Injury FAQ

1. How do I know if I have a personal injury case?

First, you must have suffered an injury to your person, your property,  or your reputation. You may also have a case if someone has inflicted emotional distress upon you. Next, you should consider whether your injury was someone else’s fault.

2. How soon after I am injured do I have to file a lawsuit?

Every state has certain time limits which govern the amount of time you have to file a personal injury lawsuit. If you miss the deadline for filing your case, you may lose your legal right to damages for your injury. Consequently, it is important to talk with a lawyer as soon as you suffer or discover an injury.

3. What should I bring with me for my meeting with a lawyer?

You should provide a lawyer with any documents relevant to your case. Police reports and copies of medical reports and bills will help demonstrate the extent and nature of your injuries. Obtain photographs of the accident scene, your property damage, and your injury.

4. What if a person dies before bringing a personal injury lawsuit?

If a person injured in an accident subsequently dies because of those injuries, that person’s heirs may recover money through a lawsuit known as a wrongful death action. Also, even if a person with a personal injury claim dies from unrelated causes, the personal injury claim survives in most cases and may be brought by the executor or personal representative of the deceased person’s estate.

5. What is “negligence?”

A person is negligent when he or she fails to act like an “ordinary reasonable person” would have acted. The critical issue in many personal injury cases is just how a “reasonable person” was expected to act in the particular situation that caused the injury. The “ordinary reasonable person” standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.

6. What if I can’t prove someone’s negligence caused my injury? Is there any other basis for personal injury liability besides negligence?

Yes. Some persons or companies may be held “strictly liable” for certain activities that harm others, even if they have not acted negligently or with wrongful intent. Under this theory, a person injured by a defective or dangerous product, for instance, may recover compensation from the maker or seller of the product without showing that the manufacturer or seller was actually negligent. Persons or companies engaged in using explosives, storing dangerous substances, or keeping dangerous animals can be strictly liable for harm caused to others as a result of such activities.


The information contained on this site is for informational purposes only, and is not legal advice. You should consult an attorney regarding your individual situation. Every case is different. We are happy to receive your calls or emails to discuss your unique situation. Just remember, no attorney client relationship exists just because you’ve reached out to us.