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FAQs About Personal Injury Claims in US Law
1. Question: What are personal injury claims?
Answer: Often used in civil cases, personal injury claims provide remedies (in the form of cash) to people who sustained injuries due to the recklessness of another individual.
2. Q: What are the common accidents that involve personal injury lawsuit?
A: Most people who file this kind of lawsuits were involved in car accidents, dog bites, and slip and fall accidents.
3. Q: How much is the amount of monetary compensation?
A: This will depend on the severity of the injury, hospital bills, and other economic damages. Usually, the involved parties will hire experts who will determine the amount of damages needed to be compensated.
4. Q: What damages the personal injury settlement will cover?
A: This settlement will cover economic damages such as hospital expenses, loss of wages, disabilities (which might diminish the earning capacity of victims), and non-economic damages including pain and suffering.
5. Q: Is it ok to demand excessive amount of compensation?
A: No. If a person demands more than the real damages,[link widoczny dla zalogowanych], the courts might perceive that he/she is just making a profit out of the legal system.
6. When is the best time to file for a personal injury case?
Every state has its own statute of limitation that prohibits people from filing a case against another individual after a certain period of time has lapsed. In California, this limitation is within two years after the accident. However, courts usually extend the deadline in some special cases or when the victims did not immediately discover that the injury they sustained was caused by someone else.
7. What are punitive damages?
While it is not advisable to demand excessive amount of compensation, some courts award people with punitive damages, which are more than the amount of the real damages. This penalty is to deter negligent individuals and other people from committing the same mistake.
8. Q: Does the law allow people to file personal injury claims against another family member?
A: No. Any court will not allow people to file personal injury claims against another family member to protect the relations of individuals with their kin.
9. Can an injured victim, who was also partly at-fault, recover personal injury claims from the defendants?
Yes. Most courts use the system called comparative negligence to determine who is more reckless and the exact amount of compensation. For example,[link widoczny dla zalogowanych], a person, who sustained injury is 25 percent at fault,[link widoczny dla zalogowanych], receives a $20, 000 award from the court. Because he also contributed for his injury,[link widoczny dla zalogowanych], the amount will be reduced to $15, 000.
10. Can people, who are considering filing personal injury claims, hire private lawyers even without paying for the legal service?
Yes. In contingency fee agreement, people can hire lawyers without paying for the legal service unless they have won their case. In layman��s term, this is also called as ��No win, no pay�� arrangement.
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