LAWVA | Frequently Asked Questions

Car Accident Questions

After a car accident, your safety and well-being should be the top priority—move to a safe location, check for injuries, and call emergency services.

What should I do immediately after a car accident?

Immediately after a car accident, check yourself and others for injuries, and call 911 if anyone needs medical attention or if the accident is serious. If possible, move your vehicle to a safe location to prevent further incidents, and turn on your hazard lights to alert other drivers

Should I call the police, even for a minor accident?

Yes. Calling the police is essential to document the incident, especially if there’s property damage or injuries. A police report can be critical for insurance claims or legal disputes.

What information should I exchange with the other driver?

When involved in a car accident, it’s important to exchange specific information with the other driver. Start by asking for their full name, phone number, and address. Make sure to get their insurance company name, policy number, and the contact information for claims.

You should also note their driver’s license number and the state where it was issued. Additionally, record the make, model, year, and color of their vehicle, as well as the license plate number. Finally, document the time, date, and location of the accident accurately.

Do I need to take photos or videos at the scene?

Yes, it is very important to take photos or videos at the scene of a car accident. Visual evidence can be critical for insurance claims and legal purposes. Capture images of the damage to all vehicles involved, the accident scene, and any relevant details such as skid marks, debris, or road conditions.

Should I contact my insurance company immediately?

Yes. Notify your insurance company as soon as possible to start the claims process. Provide them with all the necessary details and documents, including photos and a copy of the police report.

Commercial Vehicle Accident Questions

Commercial vehicle accidents involve collisions with vehicles used for business purposes, often resulting in complex legal and insurance claims due to the involvement of companies, drivers, and large vehicles.

What should I do immediately after a commercial vehicle accident?

After ensuring your safety, call 911 to report the accident and seek medical attention if necessary. Document the scene by taking photos, gathering contact details of witnesses, and exchanging information with the commercial vehicle driver. Avoid discussing fault and consult a personal injury attorney to protect your rights.

Who can be held liable in a commercial vehicle accident?

Liability in commercial vehicle accidents can involve multiple parties, including the driver, the employer, the vehicle manufacturer, or a maintenance company. Determining fault often requires an investigation into driver behavior, employer policies, and vehicle conditions, making legal expertise essential.

How is a commercial vehicle accident different from a regular car accident?

Commercial vehicle accidents often involve larger vehicles, which can cause more severe damage and injuries. Additionally, these cases are more complex due to regulations, insurance policies, and the potential involvement of corporate entities, necessitating specialized legal representation.

What compensation can I seek after a commercial vehicle accident?

Victims may pursue compensation for medical expenses, lost wages, property damage, pain and suffering, and, in some cases, punitive damages. An attorney can help assess your case to ensure all eligible damages are accounted for in your claim.

Why is it important to act quickly after a commercial vehicle accident?

Evidence such as surveillance footage, driver logs, and vehicle maintenance records can disappear over time. Prompt action allows your attorney to preserve critical evidence, meet filing deadlines, and build a strong case to secure fair compensation.

Dog Bite Injury Questions

Dog bite injuries occur when a dog attacks or nips a person, often resulting in physical harm, emotional trauma, and potential legal claims for medical expenses, pain, and suffering

What should I do immediately after a dog bite incident?

If you’re bitten by a dog, seek medical attention immediately, even if the injury seems minor, to prevent infection or complications. Wash the wound with soap and water, apply antiseptic, and document the injury with photos.

Collect the dog owner’s contact information and any witnesses’ details. Report the incident to local animal control or law enforcement to create an official record.

Who is legally responsible for a dog bite injury?

The legal responsibility for a dog bite injury typically lies with the dog’s owner, especially in states with strict liability laws, where owners are liable regardless of the dog’s history.

In other states, you may need to prove the owner’s negligence or that they knew the dog was dangerous. Exceptions may apply if the injured person provoked the dog or trespassed on the owner’s property. Consulting a lawyer can help clarify liability in your specific case.

Can I file a claim if the dog's owner is a friend or family member?

Yes, you can file a claim if the dog's owner is a friend or family member, and it’s often handled through their homeowner’s or renter’s insurance policy. This allows you to seek compensation for medical bills and other damages without directly impacting your relationship.

It’s important to focus on recovering your losses while letting the insurance process handle the financial aspects. A lawyer can guide you through this sensitive situation.

What damages can I recover in a dog bite injury claim?

In a dog bite injury claim, you may recover damages for medical expenses, including emergency care, surgeries, and follow-up treatments. You can also seek compensation for lost wages if the injury affects your ability to work, as well as pain and suffering for physical and emotional distress.

Additionally, future treatment costs, such as therapy or reconstructive surgeries, can be included in your claim. An experienced attorney can help evaluate the full extent of your damages.

How long do I have to file a dog bite lawsuit?

The time you have to file a dog bite lawsuit depends on the statute of limitations in your state, which is typically 1 to 3 years from the date of the injury. Acting quickly is crucial to preserving evidence, gathering witness statements, and building a strong case.

Missing this deadline could prevent you from recovering compensation, so it’s important to consult an attorney as soon as possible to ensure your claim is filed on time.

Slip & Fall Accident Questions

A slip and fall injury occurs when an individual loses balance and falls due to hazardous conditions on someone else's property, potentially leading to serious injuries and legal claims for compensation.

What should I do after a slip and fall accident?

After a slip and fall accident, seek medical attention immediately, even if you don’t feel injured, as some injuries can appear later. Report the incident to the property owner or manager and request a written report if possible.

Document the scene by taking photos of the hazard, your injuries, and any contributing factors. Collect contact information from witnesses and keep records of medical visits and expenses. These steps are essential for protecting your health and building a strong case.

How do I prove liability in a slip and fall case?

To prove liability in a slip and fall case, you must show that the property owner or manager was negligent in maintaining safe conditions.

This involves demonstrating that a dangerous condition, like a wet floor or uneven surface, existed and that the responsible party knew or should have known about it but failed to address it. Evidence such as photos, witness statements, and maintenance records can help establish negligence and strengthen your claim.

Can I still file a claim if I was partially at fault for the accident?

Yes, you can still file a claim if you were partially at fault for a slip and fall accident, thanks to comparative negligence laws in many states. Your compensation may be reduced by your percentage of fault.

For example, if you were 20% at fault, your award would be reduced by that amount. An attorney can help evaluate your case and argue for a fair determination of fault to maximize your recovery.

What types of damages can I recover in a slip and fall lawsuit?

In a slip and fall lawsuit, you can recover damages for medical expenses, including emergency care, therapy, and future treatment. Lost wages and loss of earning capacity may also be compensated if your injury affects your ability to work.

Additionally, you can seek non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life. An attorney can help assess the full extent of your losses to ensure you receive fair compensation.

How long do I have to file a slip and fall lawsuit?

Medical Malpractice Questions

Medical malpractice occurs when a healthcare professional fails to provide the standard of care expected, leading to patient harm, injury, or death, often resulting in legal action for compensation.

What is medical malpractice, and how is it proven?

Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected in their field, resulting in harm to a patient.

To prove malpractice, you must establish that the provider had a duty of care, breached that duty through negligence or error, and caused your injury or worsening condition as a result. Evidence like medical records, expert testimony, and detailed timelines are crucial in building a successful claim.

What are common examples of medical malpractice?

Common examples of medical malpractice include misdiagnosis or delayed diagnosis, leading to improper or delayed treatment. Surgical errors, such as performing the wrong procedure or leaving instruments inside a patient, are also frequent.

Medication mistakes, like prescribing the wrong drug or dosage, and birth injuries caused by negligent prenatal or delivery care are other typical cases. Each situation requires evidence to prove the provider’s failure to meet the standard of care.

How long do I have to file a medical malpractice lawsuit?

The time you have to file a medical malpractice lawsuit is determined by your state’s statute of limitations, which typically ranges from 1 to 3 years from the date of the malpractice or when the injury was discovered.

Some states also have a statute of repose, which sets an absolute deadline regardless of when the injury is discovered. Because these timelines are strict, it’s important to consult an attorney promptly to avoid losing your right to compensation.

What compensation can I receive in a medical malpractice case?

In a medical malpractice case, you can recover compensation for economic damages like medical expenses for corrective treatments, lost wages, and future care costs. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, may also be awarded.

In some cases, punitive damages are possible if the malpractice involved egregious misconduct. An attorney can help calculate the full value of your claim to ensure fair compensation.

Do I need expert testimony to pursue a medical malpractice claim?

Yes, expert testimony is almost always required in a medical malpractice claim. Medical experts evaluate your case and testify about how the healthcare provider’s actions deviated from the standard of care and how that negligence caused your injury.

Their testimony helps establish credibility and provides the technical details needed to prove your claim. An experienced attorney can help identify and work with the right experts for your case.

What is considered a wrongful death, and who can file a claim?

A wrongful death occurs when a person’s death is caused by the negligence, recklessness, or intentional actions of another party. Family members, such as a spouse, children, or parents, or a representative of the deceased’s estate can typically file a claim.

The purpose of a wrongful death lawsuit is to seek compensation for the financial and emotional losses resulting from the untimely death. Laws governing eligibility vary by state, so consulting an attorney is essential.

What damages can be recovered in a wrongful death lawsuit?

In a wrongful death lawsuit, you may recover damages for both economic and non-economic losses. Economic damages include funeral and burial expenses, medical bills incurred before death, and the loss of the deceased’s income and benefits.

Non-economic damages compensate for emotional suffering, loss of companionship, and the guidance or support the deceased provided. In some cases, punitive damages may also be awarded to punish egregious misconduct. An attorney can help evaluate your losses to pursue fair compensation.

How long do I have to file a wrongful death claim?

The time limit to file a wrongful death claim, known as the statute of limitations, varies by state but is typically between 1 and 3 years from the date of death. Certain circumstances, like when the cause of death is discovered later, may extend or modify this timeline.

Failing to file within the specified period can prevent you from pursuing compensation, so it’s important to consult an attorney promptly to protect your rights.

What types of incidents commonly result in wrongful death claims?

Wrongful death claims commonly arise from incidents such as car accidents caused by negligent drivers, medical malpractice resulting in fatal errors, workplace accidents due to unsafe conditions, or defective products that lead to deadly injuries. Other examples include fatalities from criminal actions, such as assaults, or accidents involving hazardous property conditions.

Each case requires proving that negligence or wrongful actions directly caused the death. Consulting an attorney can help determine if a claim is viable.

How can an attorney help with a wrongful death lawsuit?

An attorney plays a crucial role in a wrongful death lawsuit by guiding you through the legal process, gathering evidence, and building a strong case. They can help identify liable parties, calculate damages to ensure all financial and emotional losses are accounted for, and negotiate with insurance companies or opposing counsel.

If necessary, they will represent you in court to seek fair compensation. Having experienced legal support ensures your rights are protected and increases the likelihood of a successful outcome.

Frequently Asked Questions

Car Accident Questions

What should I do immediately after a car accident?

Should I call the police, even for a minor accident?

What information should I exchange with the other driver?

Do I need to take photos or videos at the scene?

Should I contact my insurance company immediately?

Commercial Vehicle Accident Questions

What should I do immediately after a commercial vehicle accident?

Who can be held liable in a commercial vehicle accident?

How is a commercial vehicle accident different from a regular car accident?

What compensation can I seek after a commercial vehicle accident?

Why is it important to act quickly after a commercial vehicle accident?

Dog Bite Injury Questions

What should I do immediately after a dog bite incident?

Who is legally responsible for a dog bite injury?

Can I file a claim if the dog's owner is a friend or family member?

What damages can I recover in a dog bite injury claim?

How long do I have to file a dog bite lawsuit?

Slip & Fall Accident Questions

What should I do after a slip and fall accident?

How do I prove liability in a slip and fall case?

Can I still file a claim if I was partially at fault for the accident?

What types of damages can I recover in a slip and fall lawsuit?

How long do I have to file a slip and fall lawsuit?

Medical Malpractice Questions

What is medical malpractice, and how is it proven?

What are common examples of medical malpractice?

How long do I have to file a medical malpractice lawsuit?

What compensation can I receive in a medical malpractice case?

Do I need expert testimony to pursue a medical malpractice claim?

Wrongful Death Questions

What is considered a wrongful death, and who can file a claim?

What damages can be recovered in a wrongful death lawsuit?

How long do I have to file a wrongful death claim?

What types of incidents commonly result in wrongful death claims?

How can an attorney help with a wrongful death lawsuit?