Personal Injury FAQs

What is a class action lawsuit?: 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, the asbestos cases and the suits against the drug manufacturers of the popular diet medications, such as Fen-Phen.
What is negligence?: A failure to act reasonably in a situation is considered negligence. This includes doing something carelessly or failing to do something that you should have done; i.e.driving without your headlights on.
What are punitive damages?: Damages awarded to punish the defendant, above those damages awarded for injuries or medical care.
What does pain and suffering damages include?: This would generally be money awarded over and above medical costs and lost wages, specifically for the emotional suffering and the physical pain a victim incurred.
What is contributory negligence?: It is a common defense to a negligence claim stating that the plaintiff's negligence contributed to their injuries.
What is a tort?: Conduct intended to harm another person or their property. Examples include fraud, misrepresentation and slander.
I fell in a puddle of water at the grocery store. I can sue and win a lot of money, right?: 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. If you have suffered a serious injury in a fall you should consult with an experienced personal injury attorney who can help you decide if your case should be pursued or not.
I didn't have any medical expenses or lost income when I fell in the store; can I still collect a settlement?: If you don't suffer an injury or incur financial losses, chances are slim that you'll collect any monetary award. Furthermore, the costs of pursuing a law suit may be more than you could hope to recover so it probably wouldn't make sense to pursue this claim.
How is negligence determined?: 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. Forseeability (knowing an act would occur based on the circumstances) and
e. Damages
What is the statute of limitation in a civil case?: In NY, it is generally 3 years from the date the incident occurred although there are many exceptions to this general rule so the best advice is to promptly consult with an experienced personal injury attorney.
I've heard the phrase "assumption of risk." What does it mean?: It is used as part of a defendant's defense in an attempt to say that your injury was your fault in assuming the risk of getting hurt as opposed to the defendant's fault in having injured you. A judge and/or jury will determine whether this defense has merit or not. Examples of assuming the risk are:

a. You've discovered the risk, but chose to disregard it,
b. You've failed to properly maintain an item and therefore you have assumed the risk of being hurt by it, or
c. You've failed to follow the enclosed directions and therefore you have assumed the risk of being hurt by it.

HOME ATTORNEY PROFILE PERSONAL INJURY MALPRACTICE FREQUENTLY ASKED QUESTIONS DIRECTIONS CONTACT US Did You Know? That you can receive large rewards for your personal injury? Learn More		Personal Injury FAQs What is a class action lawsuit? 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, the asbestos cases and the suits against the drug manufacturers of the popular diet medications, such as Fen-Phen. What is negligence? A failure to act reasonably in a situation is considered negligence. This includes doing something carelessly or failing to do something that you should have done; i.e.driving without your headlights on. What are punitive damages? Damages awarded to punish the defendant, above those damages awarded for injuries or medical care. What does pain and suffering damages include? This would generally be money awarded over and above medical costs and lost wages, specifically for the emotional suffering and the physical pain a victim incurred. What is contributory negligence? It is a common defense to a negligence claim stating that the plaintiff's negligence contributed to their injuries. What is a tort? Conduct intended to harm another person or their property. Examples include fraud, misrepresentation and slander. I fell in a puddle of water at the grocery store. I can sue and win a lot of money, right? 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. If you have suffered a serious injury in a fall you should consult with an experienced personal injury attorney who can help you decide if your case should be pursued or not. I didn't have any medical expenses or lost income when I fell in the store; can I still collect a settlement? If you don't suffer an injury or incur financial losses, chances are slim that you'll collect any monetary award. Furthermore, the costs of pursuing a law suit may be more than you could hope to recover so it probably wouldn't make sense to pursue this claim. How is negligence determined? 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. Forseeability (knowing an act would occur based on the circumstances) and e. Damages What is the statute of limitation in a civil case? In NY, it is generally 3 years from the date the incident occurred although there are many exceptions to this general rule so the best advice is to promptly consult with an experienced personal injury attorney. I've heard the phrase "assumption of risk." What does it mean? It is used as part of a defendant's defense in an attempt to say that your injury was your fault in assuming the risk of getting hurt as opposed to the defendant's fault in having injured you. A judge and/or jury will determine whether this defense has merit or not. Examples of assuming the risk are: a. You've discovered the risk, but chose to disregard it, b. You've failed to properly maintain an item and therefore you have assumed the risk of being hurt by it, or c. You've failed to follow the enclosed directions and therefore you have assumed the risk of being hurt by it.