Q: What is a slip and fall injury claim? A:
A slip and fall injury is named this because the way the injury occurs: a slip and then a fall. This type of lawsuit is filed because the injured party is making claim that the defendant is at fault in whole or in part for the accident. Examples of these claims might be that a patron of a retail establishment slips on a liquid spill and looses balance causing a fall or crash resulting in an injury. If the worker in that establishment knew of this hazard, and did not take the corrective steps to remove the hazard then the owner of the establishment may be liable for damages, depending on the all the circumstances.
Q: Who can file a wrongful death claim? A: In a wrongful death claim, laws can vary from state to state with respect to who can bring forth this type of lawsuit. In California, the people who can make a wrongful death claim are the legal heirs of the deceased. This could be the husband, wife, children, parents, or brothers and sisters. These types of claims can be very involved and may require the assistance of an experienced Personal Injury Lawyer to sort out who has the legitimate right to make such a claim.
Q: What if a person dies before bringing a personal injury lawsuit? A: The first and most important question is to determine if death occurred as a result of the injuries from the accident, or was death caused from unrelated events. If a person should die from related injuries, the decease's heirs may make a wrongful death claim to recover money relating to the specific injury as governed by local and state law.
Q: What is "negligence?" A: Appling Negligence to hold someone liable for an injury is to say that someone failed to act or take the proper action that would normally be reasonable or ordinarily prudent under the same circumstance. If a person accused of negligence fails to act properly, in a normal responsible manner, and or fails to uphold a "normal" behavior in a professional or legal manner, which caused an injury or death, that person may be charged with negligence. Sometimes you may hear the term "medical negligence." This may apply to a medical professional who performs below acceptable standards or deviates from normal practice resulting in an injury to the patient.
Q: What if I can't prove negligence? Are there other intities liable beyond an indidual? A: There may be specific circumstances in which someone may be held liable for an injury or death that may not meet the standards of "negligence" yet hold a responsibility of some degree for the cause of the injury. Organizations, corporations, and individuals may be held liable for certain activities or events even if they had not acted negligently. If a person is injured because of a dangerous product, then perhaps there might be liability issues pointing to a company who distributed or manufactures this product.
Q: Is there prison or jail time for the person who caused the injury? A: In personal injury lawsuits, these are civil law. Fines and jail terms fall under criminal law. In some cases, the court can award punitive damages (which are usually economic in nature), if the person or entity acted in a reckless manner. Punitive damages are usually designed to modify the behavior and discourage anyone from repeating the act which was responsible for the injury.
Q: How should I prepare for the meeting with my attorney? A: First, contact your attorney and ask what is it that he or she would like for me to bring to our first meeting. Think about any documents that might be relevant to your case. Accident reports, doctor / medical treatment documentation, bills, and any police reports documenting a car or vehicle accident, photographs, and information about the other parties involved. The more you have the better chance you may have in facilitating your attorney to bring forth a strong argument in your favor.
Q: What can I expect at the first consultation? A: Again, contact your attorney and establish sense of what he or she is looking for in your first consultation. If you have clear and accurate information, your lawyer may be able to tell you if you have claim worth pursuing. If there seems to be merit in your claim, then you and the attorney will talk about the establishing a written agreement form him or her to represent your cause. It may be difficult for any attorney to establish what your case is worth, but he or she, based on what you bring forth, may be able to give you a range of you might expect to recover. An experienced Personal Injury attorney has a better "eye" for what is and can be possible. Ideally, you should want to have a conversation with someone who has a vast array of cases under his or her belt that are similar to the type of claim you're bringing forth. You should be able to get a bird's eye view of what and how the different options are and how long your case might take to settle.
Q: How do I know if I have a personal injury case? A: First, you must have been injured personally to make a personal injury claim in civil court. Second, the cause of your injury was the direct or indirect act of some other person or entity. You may also have a claim for non physical injuries if someone has acted in a way to harm your reputation and has caused you to have emotional distress.
Q: What does it mean to settle a case? A: Most Personal Injury cases settle outside of court. To settle means that both parties agree to mutual terms, financially and otherwise, and that the case will end. Documents will be signed. Settlement can take place at any point in the lawsuit. If you go to trial, this will usually take longer to reach the end. If the court decides the final settlement, then this is known as a verdict.
Contact a San Francisco Personal Injury Attorney Providing
personal injury legal representation in San Francisco and Northern
California since 1970. We provide free initial
consultations to all prospective clients. When you
work with the Law Offices of Michael and Michelle Mandel, you speak
to an experienced personal injury lawyer immediately. We want you
to understand your rights in a pedestrian injury case and your prospects
for a successful settlement. Spanish speaking staff - Se Habla Espaņol.
Take the first step in pursuing fair and just compensation for the
physical injuries and financial harm you've suffered by contacting
a San Francisco personal injury attorney today.
Attorneys Michael and Michelle Mandel proudly serve Northern
California and the San Francisco Bay Area, including San Francisco
County, Solano County, Napa County, Marin County, Contra Costa County,
Alameda County, San Mateo County, and Santa Clara County, including
the cities of San Francisco, Oakland, Berkeley, Redwood City, Richmond,
San Leandro, Alameda, Hayward, San Mateo, San Bruno, Daly City,
Union City, Fremont, San Jose, Sausalito, Corte Madera, San Rafael,
and Novato, CA.
