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frequently asked questions


Personal Injury FAQS

What is a class action lawsuit?
What is negligence?
What is contributory negligence?
How is negligence determined?
What damages can I collect as a result of my personal injury?
What are punitive damages?
What does pain and suffering damages include?
Do I need a lawyer to represent me in my personal injury case?
What should I do if I am involved in a car accident?
What issues will I face in making a personal injury claim for injuries sustained in an automobile accident?
Who pays if I incur an injury due to an auto accident or my car is damaged?
If I slip and fall at a grocery store, is the owner of the store legally responsible for my injuries?
I was injured in an accident. My insurance company is offering me a nice settlement. Should I take it?
How long does a personal injury claim take to resolve?

What is a class action lawsuit?
A class action lawsuit involves a large group of plaintiffs who sue a defendant, naming a person or few persons to represent a large group. Examples would be the tobacco industry lawsuits and the lawsuits against the drug manufactures of popular diet medications, such as fen-phen.

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What is negligence?
Negligence is the failure to act with reasonable due care in breach of a duty owed to another.

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What is contributory negligence?
It is a common law defense to a negligence claim stating that the plaintiff’s own negligence contributed to his injuries.

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How is negligence determined?
Negligence does not simply mean doing something wrong. All of the following elements must exist for an act to be considered negligent:

  • A duty of care is owed to the plaintiff.
  • The defendant breaches his duty of care.
  • The defendant's breach of the duty of care causes the plaintiff injuries.
  • The injuries caused by the breach were reasonably forseeable.

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What damages can I collect as a result of my personal injury?
Compensation, or damages, awarded in personal injury claims varies based upon the type of injury and cause. The most commons forms of compensation include payment for:

  • Medical Bills
  • Property Damage
  • Lost Wages
  • Emotional Trauma
  • Physical Disability
  • Mental Disability
  • Pain & Suffering

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What are punitive damages?
Damages awarded to punish the defendant for their negligence or deliberate act, above those damages awarded specifically for injuries or medical care.

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What does pain and suffering damages include?
This would generally be money awarded over and above medical costs and lost wages, specifically for the emotional suffering and the physical pain a victim incurred.

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Do I need a lawyer to represent me in my personal injury case?
Yes. Your lawyer will work to protect your interests. Your lawyer’s focus is obtaining the maximum damages for you, consistent with the nature of your injuries and losses. Additionally, a lawyer can investigate all sources of recovery and ensure that your medical expenses are submitted to the proper source for payment.

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What should I do if I am involved in a car accident?
You should do the following:

  • Seek proper medical attention.
  • If you are conscious at the scene, collect all pertinent information from the other driver, including name, driver’s license number, address, phone number, and insurance card information.
  • Keep a daily journal, beginning with the date of the accident, to document all of your physical and mental injuries, as well as document your view of the accident.
  • Contact an attorney at Joe Griffith Law Firm, LLC to represent you. We will be your advocate if a traffic charge or civil suit is brought against you. We can also assist you in bringing a civil suit against another party if they are responsible for the accident.

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What issues will I face in making a personal injury claim for injuries sustained in an automobile accident?
A claim for injuries sustained in an automobile accident is usually based upon carelessness or negligence. In worse case scenarios, it is based on an intentional or reckless act. The issues that typically arise in a personal injury claim after an automobile accident are the following:

  • Liability – who is at fault and to what degree
  • Damages – injuries or losses that were caused by the accident
  • Insurance Coverage – what the insurance company will pay for after an accident

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Who pays if I incur an injury due to an auto accident or my car is damaged?
If you are to blame for an accident, your liability insurance will pay the other driver for property damage and personal injuries up to your policy's limits. If you are not at fault, the other driver’s liability insurance pays for your car damage and personal injuries.

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If I slip and fall at a grocery store, is the owner of the store legally responsible for my injuries?
Typically, it is the duty of an owner to exercise reasonable care in the maintenance of the premises and to warn a visitor of any known dangerous conditions. To discuss the specifics of your case and to determine if you may have a claim, please contact Joe Griffith Law Firm, LLC.

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I was injured in an accident. My insurance company is offering me a nice settlement. Should I take it?
No. Contact an attorney at Joe Griffith Law Firm, LLC immediately. An insurance company will offer a minimal amount of money in return for your signature stating that you will not sue them for additional coverage or damages. Do not take an insurance check without first consulting an attorney to determine if it is in your best interest.

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How long does a personal injury claim take to resolve?
Personal injury claims can be resolved in a matter of a few weeks or months. However, they make take up to several years depending on the complexity of the case. It is best to speak with an experienced personal injury attorney about your specific case. Contact an attorney at Joe Griffith Law Firm, LLC.

For more information, please see our page on Personal Injury.

If you have additional questions, please contact us to discuss your case.

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Joe Griffith Co-Authors Book On Health Care Fraud Joe Griffith Co-Authors Book On Securities Fraud
 
DOWNTOWN CHARLESTON
7 STATE STREET
Charleston, SC 29401
MT. PLEASANT
946 JOHNNIE DODDS BLVD
Mt. Pleasant, SC 29464