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Head Injuries - FAQ’s

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1. What is the most common cause of a head injury?  Motor vehicle accidents account for more than half of all head injuries that occur in the US. Other injuries are caused by falls, sporting accidents and violence.

2. Why do I need a lawyer?  Getting a competent legal opinion regarding your case assures that your legal rights are protected. It is in your best interest to at least have an attorney review your case before you decide what course of action to pursue.

3. How much will it cost to hire an attorney?  Normally a personal injury attorney is paid on a contingency fee basis, meaning that you pay the attorney only if he/she is successful in getting a settlement.

4. Is it necessary that I sue?  It is often necessary to sue to protect your rights and receive full and fair compensation for your injuries.

5. How much can I expect to receive from a settlement?  There is usually very little discussion between attorneys over compensation for things such as lost wages and hospital bills because this is an exact amount that you can prove with your receipts. On the other hand, the difficulty is putting a dollar amount on the injuries that you suffered. Your attorney may give you a general idea of what you can expect, but any amounts are subjective and vary widely from case to case.

6. What is negligence and how is it determined?  Negligence is the failure to act reasonably in any given situation. Negligence does not simply mean doing something wrong. All of the following elements must exist for an act to be considered negligent:

  • Lack of reasonable care
  • Breach of duty
  • Injury to the victim
  • Forseeability (knowing an act would occur based on the circumstances)
  • Damages

7. What does pain and suffering include?  This would generally be money awarded over and above medical costs and lost wages.

8. What is the statute of limitations in this type of case?  Generally 2 years from the date the incident occurred.
 


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