Frequently Asked Questions
Q: What is personal injury?
A: The term “personal injury” (sometimes referred to as bodily injury) is defined as any physical or mental injury to a person as a result of someone’s negligence or harmful act.
Personal injury law is an area of law that seeks to compensate the victims of personal injury and punish the offenders through monetary awards, known as compensatory and punitive damages.
Q: How do I know if I have a claim?
A: If you have been hurt through the fault of someone else, you may have a personal injury claim. Whether it was a reckless driver, a drug or medical device manufacturer, a builder, or a storeowner, that person or entity can be held legally responsible for your injuries. When a person or entity is responsible for causing the death of a person, there may be a claim for “wrongful death.” Laws concerning the requirements for bringing a claim against another person or entity vary from state to state and it is important to consult with attorneys who have experience handling personal injury cases to ensure that your claim is properly evaluated. The attorneys at Freese & Goss, PLLC have vast experience handling personal injury and wrongful cases throughout the country, and are available to review your potential claim.
Q: Can I get financial compensation for my claim?
A: A successful personal injury claim can result in a monetary award known as “damages.” Damages are intended to compensate the victim of negligence for their physical and mental pain and suffering, physical impairment, financial and other losses, including:
-
Medical bills
-
Lost wages
-
Disfigurement
-
Permanent scars
-
Emotional trauma
-
Mental anguish
-
Out of pocket expenses
Q: What determines how much money I can recover in a personal injury action?
A: In every personal injury case three issues determine the value of the claim: (1) the extent of liability or fault of another, (2) the extent of the damages suffered by the injured party, and (3) the financial ability of the negligent party to pay damages.
Q: What is a mass tort?
A: A mass tort is when numerous people injured by a single product join forces in their litigation against one or more defendants. Personal injury claims against drug manufacturers or medical device manufacturers are often litigated as mass torts because of the large number of people injured by those products. A mass tort is not a class action. Class actions are usually not permitted for personal injury claims because every person’s injuries are unique. Unlike a class action, each person in a mass tort has their own case, and must prove their own case in order to recover damages.
Q: How much does it cost for you to handle my case?
A: At Freese & Goss, PLLC, we represent our personal injury clients on a contingency fee basis. Contingency fee agreements allow injured people to bring claims against large, corporate defendants without the cost of paying an hourly rate to an attorney. This means that it costs you NOTHING to hire us to pursue your claim. If we are successful, we will receive a percentage of the money we collect for you.
Q: Are there expenses involved in bringing a legal claim?
A: There are certain expenses involved in pursuing a legal action on behalf of a personal injury client, such as court costs, medical records, and expert witness fees. If Freese & Goss, PLLC has determined that it will handle your case, it will advance those expenses and if successful, be reimbursed at the end of the case. If there is no recovery, you are not responsible for paying any of those costs.
Q: How much time do I have to file my claim?
A: In every personal injury or wrongful death action there is a certain amount of time within which a claim must be brought. This is called a “statute of limitations.” Essentially this is a deadline for filing a claim against another person or entity, and it varies from state to state.
It is very important to contact a personal injury attorney when you know you have been injured in order to preserve your rights to compensation for your injuries. If you have any other questions about a legal issue, please contact Freese & Goss today.