|
1. What
is a major accident?
2. What
causes most major vehicular accidents? 3. What are the
leading causes of commercial aviation accidents? 4. What is wrongful
death and who can file a claim?
5.
What compensation will I get for my
injuries?
6. I was
injured in a railroad accident. How do I collect
damages? 7. Is my case any
different if a truck as opposed to any other vehicle driver
injures me?
8.
What is classified as a major accident or disaster?
9. Is
insurance coverage important? 10. How long do I
have to file a serious personal injury case?
1. What is
personal injury?
In most states, legal cases can be brought for personal injury
whether serious or not. However, practitioners generally
consider major accidents as those in which numerous
individuals are injured or suffer wrongful death. BACK TO TOP
2. What
causes most major vehicular accidents?
Accidents and collisions are often caused by:
-
overused highways
-
dangerous intersections
-
badly lit, poorly designed
and maintained roads and crossing traffic lanes
-
vehicles making improper
turns
-
impaired, unlicensed or
drunken drivers
-
obscured vision due to
weather conditions or improper highway design
-
faulty automobile equipment
such as tires or airbags
-
worn or damaged roadway
markings or other unsafe driving conditions
BACK TO TOP
3.
What are the leading causes of commercial aviation accidents?
-
uncontained engine
failures
-
controlled flight into
terrain
-
approach and landing
-
loss of control
-
runway incursions
-
weather (including
turbulence)
BACK TO TOP
4. What is wrongful death and who can file
a claim?
Laws that give survivors a cause of action against someone
who’s negligence resulted in the victim’s death is considered
wrongful death. Generally, only immediate family members (i.e.
spouses, children and parents) can pursue a wrongful death
claim. Minors under 18 may require a "guardian ad litem" to
represent their interests in court. BACK TO TOP
5. What compensation will I get for my
injuries?
You are entitled to be fully compensated for your injuries.
The amount necessary to compensate you fully obviously causes
the most problems in arriving at a settlement figure
acceptable to both sides. There is usually little argument
over the compensation for time missed from work and lost
wages, doctor and hospital bills, rehabilitation costs,
transportation to and from the doctor and therapists. You will
have receipts for these expenses. The controversy arises when
you attempt to put a dollar value on the more intangible
injuries you have suffered, such as loss of consortium, loss
of sexual capacity or desire, emotional distress, pain and
suffering, loss of future earnings and loss of future
enjoyment of life. BACK TO TOP
6. I was injured in a railroad accident.
How do I collect damages?
The way you go about collecting damages from a railroad
accident will depend on whether you are an employee or
customer of the railroad. Railroad workers are not usually
eligible to collect under state workers’ compensation laws.
Injuries to railroad workers are covered by the Federal
Employers’ Liability Act (“FELA”). To collect under FELA, a
railroad worker must prove that his or her injury was caused
by the railroad not providing a reasonable safe workplace or
proper equipment. This is a difficult thing to prove, and
requires a good lawyer as soon as possible after the accident. BACK TO TOP
7. Is my case any different if a truck as
opposed to any other vehicle driver injures me?
Yes. Although the same laws of negligence will apply, there
are special Vehicle Code sections which apply only to
commercial truck drivers and trucking companies and there are
special licensing and training requirements of truck drivers
which generally make truck accidents harder to defend and
easier to win for plaintiffs. BACK TO TOP
8. What is classified as a major accident
or disaster?
A major accident or disaster is an unexpected event that
causes injury and/or death to many people and may include
major property damage as well. Examples would be:
-
chain reaction car
accidents
-
commercial airline crashes
-
train derailments
-
bus wrecks
-
fires and explosions
-
toxic spills
-
or other events similar is
scope
BACK TO TOP
9. Is insurance coverage important?
Insurance
coverage is critical in any serious personal injury case.
Serious personal injuries, almost by definition, will result
in a potential damage award of hundreds of thousands of
dollars or perhaps millions of dollars. For plaintiff to
receive their full compensation it is critical that the
defendant is either an individual or a large corporation with
considerable assets or that there is sufficient insurance
coverage. BACK TO TOP
10. How long do I have to file a serious
personal injury case?
Generally speaking, a serious personal injury victim has one
year from the date of the accident to bring a lawsuit. If the
case is against a public entity, a claim must be filed within
six months whether the plaintiff is a minor or adult. In the
case of minors, generally, a case can be brought on behalf of
a minor up until their nineteenth (19) birthday. BACK TO TOP
|
