John J. Pisano Esq.

Maybe, but not initially. Acceptance of a settlement offer from an insurance company typically is not appropriate until negotiations have occurred. More often than not, insurance companies offer an initial settlement that is far lower than what the victim deserves. These offers often come before it is even clear how injured a person might be and how much his or her medical care could ultimately cost. While most personal injury claims do settle out of court, this rarely occurs before negotiations and multiple offers have occurred.

This is common in personal injury lawsuits and is one of the reasons it is so important to work with an attorney. An experienced personal injury attorney will be able to prove negligence and show that you were not at fault for the incident that caused your injury. Even if you were partially at fault, an attorney can prove that you were not wholly at fault and therefore deserve at least partial compensation for your injuries.

Yes, it is possible for someone filing a wrongful death lawsuit to request compensation for his or her loved one’s pain and suffering. In a case such as this, the estate of the deceased would be awarded damages based on what the deceased incurred from the moment of the injury until the time of death, which includes pain and suffering. It is also possible that damages related to lost earnings until the time of death would be included, as well.

Yes. It is not as common as other types of damages, but if it can be shown that the defendant’s actions rose above and beyond mere negligence and was willful or reckless, it is possible. Punitive damages are assessed to punish the defendant for his or her conduct and are intended to reform or deter other people from engaging in similar conduct. These damages are not meant for compensation, but they are awarded to the plaintiff.

Criminal cases are the result of the government seeking to punish an individual for an act that violated the law. So in the case of a wrongful death lawsuit the crime could be murder. In a civil case, legal action is brought as a result of a dispute over the legal rights and duties of individuals and organizations. For instance, a lawsuit filed by the deceased’s family after a person dies due to negligence by a doctor would be an example of a civil case.

If a person dies before he or she is able to file a personal injury claim, the deceased’s loved ones have a right to file a wrongful death claim. This means any damages that would be awarded as a result of the lawsuit would be paid to the family member or members filing the claim. Wrongful death claims might have different stipulations or statutes of limitations depending on the circumstances, so it is important to speak to an attorney as soon as possible.

Yes, you can be found liable if your car is rear-ended, but in most cases, collisions such as this are usually the fault of the rear driver. Negligence is used to prove liability in rear-end collisions, which means you can be held liable if you were not driving in a reasonably safe manner for the road conditions. For example, if you slammed on your brakes because of something a passenger in your vehicle did causing the driver behind you following at a safe distance and speed to hit your vehicle, you could be held at least partially liable for the damages.

Negligence occurs when someone has a duty of care and failed to fulfill that duty and acted in a manner that caused harm to someone else. If it is proven that a person acted negligently and it resulted in harm to another, the victim could be eligible for compensation and the negligent party held responsible for his or her actions or inaction. In order to win a personal injury claim, a victim will need to prove at least partial negligence.

Determining fault in an auto collision can vary from case to case. Ideally, you will have tangible evidence of a violation of a traffic law or there will have been an obvious case of negligence. For instance, if a person ran through a stop sign and hit you, he or she has violated a traffic law. The more concise and obvious fault can be shown the better because insurance companies tend to find fault with all claims of negligence and do their best to reduce how much an accident victim will receive.

There are several types of damages that might be recovered by someone who was involved in a car accident. They might receive compensation for the cost of their medical care. This includes immediate emergency care, as well as the long-term expenses related to treating their injuries. They could also receive compensation for the wages they lost as a result of their injuries. And they might be entitled to compensation for pain and suffering.

There is a limited amount of time a victim has to file a personal injury claim after a car accident. This time period is known as the statute of limitations. Typically, the statute of limitations on personal injury claims related to vehicle accidents is one to two years from the date of the injuries occurred. Each state has its own statute of limitations that restricts the length of time between the date of your injury and the date by which your claim must be filed.

You can still receive compensation if you are partially at fault for an accident. You should never make any statements or share any information about your role in an accident with the insurance company or others at the scene of the accident. In most cases, you will be entitled to partial compensation based on the percentage of fault you had in the accident. For instance, if you were 30% at fault your damages would be reduced by 30%.

Following an accident you should seek medical attention. If your medical needs are not urgent, you will want to remain at the location of the accident, take photos, record all relevant details of the event, and exchange insurance information. 911 should be contacted even if nobody was seriously injured. Avoid sharing information beyond your contact information and insurance information and do not admit fault. If you did not require immediate medical attention, you should see a doctor as soon as possible after the event.

Hi Mya, I'm not an employee of this attorney's office. I don't work for this office. I think you should call them with any concerns you might have. I'm sorry about your plight, but again, I think you should call that office