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FAQ

Transportation Injuries

My airbags didn’t deploy during a car crash. Can I sue the car manufacturer?

There are several factors that dictate whether or not an airbag will or should deploy. These factors include, but are not limited to, how the vehicle was hit, where the vehicle was hit, which direction the vehicle was hit, and what amount of force the vehicle was hit with. It is best to consult with an attorney to properly assess and investigate these factors. If the facts uncover that there was an error in airbag deployment, or a misalignment with standard industry practices, the car manufacturer may be liable for injuries you sustained as a result of the airbag’s failure to deploy.

What if I may be at fault in an auto accident?

After any accident, it is important that you refrain from taking any part of the blame or fault. At this time, you may not be in any mental or physical position to assess how the accident happened. Other contributory and/or controlling factors to an accident could include defective equipment, malfunctioning signal lights, another driver’s intoxication, or a third-party interaction with the accident. The best thing for you to do at this point is to gather any and all information in regards to the accident and seek legal advice to assess your liability and your options.

Do I have to go to court if I file a personal injury claim?

If the at-fault driver’s insurance company agrees to pay what our attorneys believe is a fair and reasonable settlement amount, then you do not have to go to court. However, in some cases where liability or the amount of damages is contested, you might be required to attend formal trial proceedings. Keep in mind, however, that as your legal counsel, an attorney should use his or her knowledge, skills, and expertise to guide you to the goals that you, as the client, have set. Therefore, if you find that it is not in your best interest to go to court, you should express this to your attorney so that he or she can attempt to resolve your claim in an alternate manner.

The person who hit me doesn’t have insurance; what can I do?

If the at-fault driver is uninsured, you might not be able to collect any monetary damages from them. However, if you purchased “uninsured motorist” protection from your own insurance company, you may be able to recover damages for your injuries from your own insurance policy.

 
 

Malpractice

I don’t think my doctor explained “informed consent” prior to a procedure. Is this medical malpractice?

Every health care provider has a legal obligation to thoroughly disclose all possible consequences of any medical procedure to the recipient prior to performing this procedure on the individual. The disclosure can include the procedure’s standing and reputation in the medical community, expectations, steps of the procedure, statistical probability of success, and the possible negative outcomes. Once the health care provider has given the patient all of this information, the patient then gives “informed consent” to the health care provider to perform the procedure. This ensures that when the patient grants the health care provider permission to perform, he is fully informed and aware of all the possible risks and benefits of the procedure he or she is about to receive. If your health care provider did not receive your informed consent by disclosing all of the risks and benefits involved in a procedure to you prior to performing, he may be liable for negligence.

I am not happy with my surgery. Can I file a medical malpractice lawsuit?

Because there is no guarantee with any surgery, results can be unexpected; however,this does not necessarily mean there hasn’t been a negligible offense by the health care provider. All malpractice lawsuits must show damage as a result of the medical provider’s deviation from standard operating procedures, or the standard of care for that particular procedure.

What is medical malpractice?

Medical malpractice arises when a doctor’s professional duties fall below the accepted medical standard of care, which amounts to “medical negligence” in the language of the law. When, as a result of this negligence, the patient is harmed in some quantifiable way, the doctor may be held liable for injuries sustained.

 
 

General Personal Injury

How much does a personal injury attorney cost?

For personal injury cases, JT Legal Group aligns itself with most other law firms and charges an apportioned percentage of the total recovery based on contingency. This means we only collect attorney’s fees if we win your case.

What kind of settlement/compensation should I expect?

Every case is dependent on the nature of the injuries you suffered. When you speak to our law firm, an attorney will evaluate your situation, let you know what the best course of action will be for you to take, and what the possible outcomes will be. In assessing the outcome of this course of action, the attorney will probably factor in your past, present, and future medical costs, pain and suffering, emotional distress, any loss of income, and property damage that you suffered as a result of the accident.

How soon should I seek an attorney after an accident?

The sooner you speak with an attorney and gain representation after an accident, the better. If you directly speak with the person at fault for the accident, the insurance company representing the person at fault, or an attorney representing the person at fault, you may say something that can make you liable for a portion, if not all of the damages that arose from the accident. Being represented by a licensed and experienced attorney will help you avoid these pitfalls, and will increase your chances of negotiating for a higher settlement amount. If you have been in an accident, contact our attorneys at your earliest convenience to facilitate the best possible outcome for your best interest.

 
 

Premise Liability

Are building owners required to have safety precautions?

Building owners who have not exercised reasonable care in maintaining safe premises and common areas may be liable to their tenants and guests for any personal injuries that could have been prevented if safety measures were taken. Injuries that were sustained due to improper fire escape routes, sprinklers, carbon monoxide detectors, and safety rails could lead to a successful premise liability lawsuit against the building owner. Contact our firm for more information if you think you may have a case against a building owner.

Can a school be liable in a premise liability lawsuit?

Yes. In some situations, a school may be held responsible for an injury that has taken place on school grounds. For instance, if a physical fight breaks out among students, and the school did not take reasonable measures to secure the safety of those students by having security guards present, the school may be held liable.

What is premise liability negligence?

Premise liability is the liability of a landowner or landlord for certain torts that occur on real property that results in harming others. Typically, this makes the person who is in possession and/or control of the land or premises responsible for certain personal injuries suffered by individuals who are present on the premises. These injuries could arise from intentional wrongdoings, such as purposefully doing something to harm others, or they could arise from unintentional (or negligent) wrongdoings, such as failing to take reasonable steps of avoid harming others.

If I slipped and fell at a casino, hotel, grocery store, retail store, or other business, do I have a lawsuit?

If the place where you slipped or tripped and fell was was not maintained properly, the owner of the facility may be liable for your injuries. Evidence of improperly maintained premises include spilled food, water, ice, or any other substance that poses an unreasonable risk to people who walk onto or into the premises. This can happen in retail stores, grocery stores, casinos, hotels, and other businesses. If you slipped or tripped and fell in a public place, contact an attorney as soon as possible to assess and evaluate your potential claim.

 
 

Catastrophic Injuries

What is a catastrophic injury?

Any injury that results in a shortened life expectancy, permanent disfigurement, or permanent injury is considered a catastrophic injury. The victim may have been required to receive extensive medical care, such as long, costly,  and painful procedures, with ample recovery time.