- Frequently Asked Questions -

- PERSONAL INJURY -

Question

Can someone still get damages if he or she had a pre-existing condition?

Answer

Yes, he or she can still get damages, but the damages amount might be reduced. The opposing party could be held responsible for aggravating a person’s pre-existing condition.

Question

How does someone prove negligence?

Answer

There are four elements that must be shown in order to prove negligence: (1) There must have been a duty to do (or not do) something; (2) That duty must have been breached; (3) That breach of duty caused damages; and (4) the claimant must have suffered from those damages.

Question

When is a car considered “totaled?”

Answer

Contrary to popular belief, totaling a car has nothing to do with the actual usability of the vehicle. Totaling a car simply means that the cost of repairs exceed the "fair market value” of the car.

Question

Are photos of a car after an accident useful?

Answer

Yes, photos of a car from multiple angles after an accident can help insurance companies see the severity of someone’s injury.

Question

What if someone dies before they are able to bring a personal injury lawsuit?

Answer

If someone dies before they are able to bring a claim forward, another person with a relationship to him or her may bring forth a lawsuit.