Are there different kinds of torts?

How do I know if I have a personal injury case?

What are the most common personal injury lawsuits?

What is Liability?

What is Negligence?

What can I do if I think I have a case?

How do insurance companies decide how much to pay in damages?

I think I am being offered a pretty good settlement by the insurance company. Do I really need a lawyer?

How much money can I sue for?

Is medical malpractice considered a personal injury?

What is a "Wrongful Death" claim?

I'm not sure that I want to go to court over this, but I would like to reserve my right to do so. Is this possible?

What is personal injury law?

Personal injury law is sometimes known as tort law. Torts are civil wrongs that are recognized as legal causes for lawsuits. Injury or harm received by the victims of such wrongs provides the basis for a claim for damages incurred by the injured party.

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Are there different kinds of torts?

Yes, they are generally grouped as to the severity of the consequences. They are as follows:

• Intentional tort - the defendant knew, or should have known, injury could occur as a result of his or her actions or inactions.
• Negligent tort - the defendant didn't know that an injury could occur as a result of his or her actions and was acting in a reasonably safe manner.
• Strict liability tort - a specific action caused the damages rather the a lack of care on the defendant’s part.

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How do I know if I have a personal injury case?

To have a personal injury case, you must be able to show that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that the someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are.

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What are the most common personal injury lawsuits?

The most common court cases are automobile accidents and vehicular wrecks; however dog bites and slips and fall are a close second. Sexual abuse and wrongful death may be some of the most heartbreaking cases to be heard in the court system. Denial of civil rights and unfair employment practices, medical malpractice, professional malpractice, product liability, slander and damage to property are just a few of the categories under this giant umbrella of personal injury law. When you have received an injury to yourself or your property, it may be time to seek advice from a personal injury attorney.

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What is Liability?

Liability generally means that an individual, company or some other entity may be obligated to pay damages or compensation to another. Any negligent Massachusetts driver, manufacturer or seller of a product may be responsible or liable to pay for damages.

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What is Negligence?

Negligence is the “commission of a civil wrong, a tort, that accidentally causes injury to somebody by reason of failure to perform an expected duty with the care that a reasonably prudent person would use with regard to the safety of other in a particular circumstance.”

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What can I do if I think I have a case?

If your injury is minor, you may want to contact the person that you believe is responsible and ask for compensation. If this does not work, you should consult an attorney. If your injury is not minor, you should consult an attorney as soon as possible.

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How do insurance companies decide how much to pay in damages?

Insurance companies consider the actual monetary costs that you are facing. These costs may include medical bills and lost wages. Insurance companies also consider your pain and suffering and whether you have become disabled or disfigured.

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I think I am being offered a pretty good settlement by the insurance company. Do I really need a lawyer?

It is in your best interest to see a personal injury attorney before signing any papers or accepting any settlement amount from the insurance company. Ask yourself, "Does the insurance company have an attorney?" Then ask yourself if they have your best interests in mind.

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How much money can I sue for?

Money awards in a litigation case are called damages. Damages usually include medical and therapy expenses, lost wages and pain and suffering. A court can also award punitive damages which are not based on specific losses of the victim, but instead serve to “punish” the defendant.

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Is medical malpractice considered a personal injury?

Yes. Medical malpractice means that a health care provider caused injury or death to a patient by failing to act within the applicable standard of care. In other words, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to act reasonably under the circumstances and the unreasonable conduct causes harm.

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What is a "Wrongful Death" claim?

A "Wrongful Death" claim typically refers to an action by a negligent party whose wrongful conduct resulted in the death of another. The "wrongful" act that resulted in death may have been intentional, reckless, or negligent. In cases where a dangerous product caused the death, it may not be necessary to show "wrongful" conduct in order to recover. If you feel that your loved one died because of someone else’s reckless or careless behavior, call Munley, Munley & Cartwright at 1-800-318-LAW1 for advice on your claim. We are committed to compassionately and effectively managing your wrongful death suit.

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I'm not sure that I want to go to court over this, but I would like to reserve my right to do so. Is this possible?

It is advisable to see an attorney experienced with personal injury claims as soon as possible. Although you may not want to file suit right away, be aware that there is a ”statute of limitations” for filing a personal injury claim, so your time to file is limited by the law.

Also make certain that, even though you are not sure if you want to file suit at this time, you document your injuries and the circumstances surrounding your case while it is still fresh in your mind. If you should decide against a lawsuit at a later date, this measure will make it easier to recall the important details.

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