Personal Injury

1. What is a class action lawsuit?

2. What is negligence?

3. What are punitive damages?

4. What does pain and suffering include?

5. What is contributory negligence?

6. What is a tort?

7. I fell in a puddle of water at the grocery store. Can I sue and win a lot of money?

8. I didn’t have any medical expenses or lost income when I fell in the store; can I still collect a settlement?

9. How is negligence determined?

10. I’ve heard the phrase “assumption of risk.” What does it mean?

1. What is a class action lawsuit?
A class action is when a large group of plaintiffs sue a large group of defendants naming a representative in place of the entire group. Examples would be the tobacco industry suits and the suits against the drug manufactures of the popular diet medications, such as fen-phen.

2. What is negligence?
It is a failure to act reasonably in a situation. Doing something carelessly or failing to do something; i.e. driving without your headlights on.

3. What are punitive damages?
Damages awarded to punish the defendant.

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

5. What is contributory negligence?
It is a defense to negligence, stating that the plaintiff’s negligence contributed to their injuries.

6. What is a tort?
Conduct intended to harm another person or their property. Examples include fraud, misrepresentation and slander.

7. I fell in a puddle of water at the grocery store. Can I sue and win a lot of money?
Not necessarily. You must first prove the grocery store either created the hazardous situation or had previous knowledge of it. If you can prove both these things, the amount of your "award" will be directly related to your injury, medical costs and loss of income.

8. I didn’t have any medical expenses or lost income when I fell in the store; can I still collect a settlement?
This is a big misconception. If you don’t suffer an injury or incur financial losses, chances are slim that you’ll collect any monetary award.

9. How is negligence determined?
Negligence does not simple mean doing something wrong. All of the following elements must exist for an act to be considered negligent:
a. Lack of reasonable care 
b. Breach of duty 
c. Injury to the victim 
d. Forseeability (knowing an act would occur based on the circumstances) 
e. Damages

10. I’ve heard the phrase “assumption of risk.” What does it mean?
It is used as part of a defendant’s defense. It states that a user assumes risk in the following ways:
a. If you’ve discovered the risk, but disregard it 
b. If you’ve failed to properly maintain an item 
c. If you’ve failed to follow the enclosed directions