Injury Law Frequently
Asked Questions

Written questions by one party to the other, which are answered under oath.

A formal interview under oath in the presence of a court reporter. The answers in a deposition are oral.

Only about 25% of all personal injury cases end in a court; most will settle.

Usually it will include attorney, clerk, witness, and docket fees.

When a large group of plaintiffs sue a large group of defendants naming a representative in place of the entire group. Examples would be the tobacco industry suits and the suits against the drug manufactures of the popular diet medications, such as fen-phen.

A failure to act reasonably in a situation. Doing something carelessly or failing to do something; i.e. driving without your headlights on.

Damages awarded to punish the defendant.

This would generally be money awarded over and above medical costs and lost wages.

A loss of companionship and care for the victim’s marital partner.

A defense to negligence stating that the plaintiff’s negligence contributed to their injuries.

Conduct intended to harm another person or their property. Examples include fraud, misrepresentation and slander.

Not necessarily. You must first prove the grocery store either created the hazardous situation or had previous knowledge of it. If you can prove both these things, the amount of your “award” will be directly related to your injury, medical costs and loss of income.

This is a big misconception. If you don’t suffer an injury or incur financial losses, chances are slim that you’ll collect any monetary award.

Negligence does not simple mean doing something wrong. All of the following elements must exist for an act to be considered negligent:
a. Lack of reasonable care
b. Breach of duty
c. Injury to the victim
d. Foreseeabiliy (knowing an act would occur based on the circumstances)
e. Damages

Generally 2 years from the date the incident occurred.

This would be a products liability case and you may be able to sue but know that although the manufacture is responsible for defective products, the following will be considered in your case:
a. Was the defect unreasonably dangerous?
b. The seller, where you bought the iron from, must be in the business of selling that particular product
c. The item must not have been substantially changed between the time it left the seller to the time the user had it
d. The defect directly caused the injury
e. The product was used properly.

It is used as part of a defendant’s defense. It states that a user assumes risk in the following ways:
a. If you’ve discovered the risk, but disregard it
b. If you’ve failed to properly maintain an item
c. If you’ve failed to follow the enclosed directions

Laws that give survivors a cause of action against someone who’s negligence resulted in the victim’s death.

The party who lost at trial is called an appellant on appeal.

Mental anguish.

Court orders for defendant’s to stop them from doing something (i.e. temporary restraining orders).

A lawsuit.

It is a Latin phrase meaning, “the thing speaks for itself.”