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Frequently Asked Questions of Minnesota Personal Injury Attorneys Harper & PetersonThe 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 which must be taken into consideration by competent legal counsel. By contacting Woodbury, Minnesota wrongful death Attorneys William D. Harper and Paul D. Peterson of Harper & Peterson , you can receive a personal consultation regarding your specific legal claim.
Personal injury is any physical injury to a person that results from another person’s negligence or harmful act. Personal injury falls under civil law as opposed to criminal law (in which charges are brought by the State of Minnesota against a defendant). Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
What financial compensation can I recover in a personal injury claim? Accident victims are entitled to recover monetary damages for all losses and expenses suffered from the accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
Liability is a legal responsibility, duty or obligation.Generally, liability means that an individual, company or some other entity may be obligated to pay damages or compensation to another. For instance, a negligent driver, manufacturer, or seller of a product may be responsible or liable to pay for damages, including pain and suffering and financial losses, if the damages are caused by their carelessness. What is strict or absolute liability? Strict liability is a legal doctrine that imposes liability for harm suffered without requiring proof of negligence. Strict liability may apply in the case of certain manufactured products. In strict products liability, typically anyone who is engaged in the stream of commerce of the product (from the manufacturer to the wholesaler to the retailer, or all of them) can be held responsible if the product was defective and someone was injured. There is no need to prove negligence but the injured party must prove that the product was defective. Strict liability may also be applied in animal attacks and cases involving ultra-hazardous materials or activities. Under what circumstances can a wrongful death occur? Wrongful Death Law provides for financial compensation to the family of a person whose death was caused by the negligent, willful, or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:
Who can file a wrongful death lawsuit? A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents. Wrongful death damages are primarily calculated on pecuniary (financial) loss. Pecuniary injuries include the loss of support and services that would have been provided by the decedent, the decedent’s medical and funeral expenses, and the distributees’ lost prospect of inheritance. In cases where the defendant engages in serious or malicious wrongdoing, punitive damages may also be awarded to punish the wrongdoer, and/or deter others from behaving similarly. A tort is a civil wrong recognized by law as grounds for a lawsuit. Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products). These wrongs result in an injury or harm constituting the basis for a claim by the injured party (tort litigation). Toxic torts are caused by exposure to toxic or dangerous substances, chemicals, dangerous forms of energy, and medical products or devices. Toxic tort cases are usually brought as class action lawsuits, because usually the same toxin affects large numbers of people. Plaintiffs who win toxic tort lawsuits can recover monetary damages for past and future medical expenses, past and future pain and suffering, lost wages, loss of future earning capacity, loss of enjoyment of life, emotional distress and sometimes punitive damages. Because the effects of toxic substance exposure may take years to manifest, it may be months or years before the toxic tort case is actually litigated. Examples of toxic tort cases include, but are not limited to:
There are many different ways to establish liability in a toxic tort case including negligence, premises liability, breach of warranty, misrepresentation and products liability. In litigating a toxic tort case, the plaintiff must prove that:
How do I know if I need an attorney? If you have been seriously injured in Woodbury, Minnesota, or within the surrounding areas of Minnesota , and are unsure about the outcome of your injury, consult with an experienced personal injury attorney as soon as possible. Make sure this is done before you give any official statements or sign papers of any kind. State laws require lawsuit filing within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries if you delay. Woodbury, Minnesota medical malpractice lawyers William D. Harper and Paul D. Peterson of Harper & Peterson can advise you on the applicable statute of limitations for your injury case. How much does Harper & Peterson charge for personal injury counsel? Harper & Peterson gives every case individual attention and will work with you to find the best rate plan. There will be no hidden costs. You will be informed of the fees for your case during your first meeting with Minnesota personal injury Attorneys William D. Harper and Paul D. Peterson. If you or someone you know in Woodbury, Minnesota or within the surrounding cities and counties of Minnesota, needs the assistance or trusted legal advice of an experienced personal injury lawyer, please call Harper & Peterson, today at 888-274-4514, or complete the contact form provided on this site to begin your free consultation with a skilled Minnesota serious injury attorney. |