Frequently Asked Personal Injury Questions

The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances that must be taken into consideration by competent legal counsel.By contacting the California wrongful death lawyers of Mittleman & Pritel, you can receive a personal consultation regarding your specific legal claim.

What is Personal Injury?
Personal injury is any physical or mental injury to a person that results from another person’s negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of California. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:

• Auto Accidents
• Other Vehicle Accidents (Aviation, Bicycle, Boat, Motorcycle, Railroad, Truck)
• Burn Accidents
• Construction/On the job Accidents
• Dangerous or Defective Products
• Dog/Animal Bites
• Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
• Nursing Home Abuse and Neglect
• Slip and Fall Accidents/Premises Liability
• Spinal Cord Injury
• Toxic Exposure
• Traumatic Brain Injury

What financial compensation can I recover in a personal injury claim?
Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

• Medical bills
• Lost income, including overtime wages
• Pain & Suffering
• Physical Disability
• Disfigurement
• Emotional Trauma
• Mental Disability
• Property Damage

What is Contributory Negligence?
The term contributory negligence is used to describe the actions of an injured person that may have also caused that person's own injuries. For example, a person who ignores a "Wet Floor" sign and slips and falls in the supermarket may be found to have been careless and at fault for any injuries sustained. Contributory negligence can prevent a person from collecting any monies to compensate for injuries suffered, even if that person's carelessness was minor. Some states have done away with the concept of contributory negligence and instead use the concept of "comparative negligence."

What is Comparative Negligence?
Comparative negligence works on a percentage basis to assign a degree of fault for the injuries sustained. For example, a plaintiff in a products liability case cannot be found more than fifty percent at fault in order to be compensated for their injuries. If a plaintiff is found to be fifty-one percent at fault, he or she will not receive any damages for said injuries. Plaintiffs who are found to be less than fifty-percent at fault, however, are awarded compensation in accordance to their percentage of fault.

For example, a person slips and falls on a wet supermarket floor and is awarded $100,000. The supermarket is found to be eighty-percent responsible for the accident because of dangerous floor conditions. However, the injured plaintiff is found twenty percent responsible for not exercising caution, so the award is reduced to $80,000.

What is premises liability?
Premises liability generally refers to accidents that occur due to the negligent maintenance, or unsafe conditions upon property owned by someone other than the injured victim. The State of California requires landowners to maintain their property in a manner that does not cause injury to those that, for various reasons, visit the property. This law pertains to both business owners and homeowners. Crucial to a premises liability settlement is being able to show how long the defect or injury inflicting element was there, how visible it was and how much notice the owner had of the dangerous condition before the accident.

What should I do if I've been injured in a slip & fall accident?
Most businesses and homeowners carry liability insurance to protect them in the event that someone is injured while on their property. The owner or possessor of a residence, land or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises; i.e. individuals visiting for business or pleasure. In such cases, the owner, company or person must inspect the premises to discover any dangerous conditions and warn the invitee of dangers upon said premises. Those injured by a negligent owner or possessor of a premise may recover damages for their injuries, including loss of income, medical expenses, pain and suffering, etc.

What is Assumption of Risk?
If you have knowingly and voluntarily assumed the risk inherent in a particular action that caused an accident, you cannot sue another person for negligence. For example, if you went to a friend’s house and they told you not to go out the back door because the deck was being repaired and after being told you still went out the back door, you assume the risk. If you become injured in most jurisdictions, under the doctrine of the assumption of risk, you would most likely not be able to collect damages.

Another example of assumption of risk is participation in a sport in which certain risks are inherent to the game. For example, if you are playing football and you get tackled and break an arm, you may not sue the person who tackled you. On the other hand, if you are playing tennis and a fight breaks out and you are injured as a result of the altercation, you may be able to sue the person who injured you, since the assumption of risk does not cover any injury that was intentionally inflicted and not an inherent part of the game.

What is the Statute of Limitations?
Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore.

Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident. For more information regarding the limitations for your specific case, please contact Sonoma wrongful death lawyers of Mittleman & Pritel.

How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case the longer it may take to settle. Many cases can take anywhere from 3 to 18 months to settle depending on its complexity.

What is Wrongful Death?
Wrongful death occurs when a person's death was caused by the negligent, willful, or wrongful act, neglect, omission, or default of another, such as careless driving or a deliberate murder. In addition to injuring the person who died, people who depended upon the deceased for financial or emotional support may be entitled to compensation for the wrongful death. The State of California has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act.

If you or someone you know in Sonoma, California, or within the surrounding cities and counties of California needs the assistance or trusted legal advice of an experienced personal injury lawyer, please contact the attorneys of Mittleman & Pritel today at 1-866-338-3669 or complete the contact form provided on this site to begin your free consultation with a skilled California accident attorney.