May 09, 2008
Frequently Asked Questions
Below are some initial questions many clients have when they first contact The Law Offices of Jeremy Flachs. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.
Wrongful Death
Q: What is "wrongful death?"
Q: Who can sue for wrongful death?
Medical Malpractice
Q: What is an “Expert Witness” and why do I need one?
Car Accidents
Q: What is contributory negligence and how will it affect my case?
Q: I was injured in a car accident, how do I know what my case is worth?
Q: I was in an auto accident and the insurance company is offering to settle. Should I accept?
Q: I was rear-ended and the other driver is blaming me! How can this possibly be my fault?
Q: What is the minimum insurance coverage I'm allowed to carry in Virginia or D.C.?
General
Q: Do I have a good case?
Q: What type of investigation is required?
Q: What is a statute of limitations?
Q: How much will my case cost me?
Q: How long will my case take?
Wrongful Death
A: The idea behind a wrongful death lawsuit is that the wrongful death, in addition to injuring the person who died, also injured people who depended upon the deceased for financial or emotional support. The wrongful act may be:
A negligent or careless act such as careless driving
A reckless act
An intentional act such as a deliberate murder
Almost every state has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act.
Q: Who can sue for wrongful death?
A: The representative allowed to bring a wrongful death suit is defined by the state. In some states, it may be only a spouse and children. In other states, grandparents or other relatives may also be allowed to bring a lawsuit. Some states have enacted restrictions on filing when one family member would be suing another family member for the wrongful death of a third family member.
Medical Malpractice
Q: What is an “Expert Witness” and why do I need one?
A:
Expert witnesses are called to help the judge and jury understand the case. In the vast majority of medical malpractice case, the plaintiff will need an expert to prove that their physician acted negligently. Expert testimony is offered regarding the “standard of care” required of the physician. The “standard of care” is what the reasonable physician would have done in the defendant’s case.
Often, the expert also will testify about the extent of damages caused by the defendant’s negligence.
There are some cases that are so obvious that expert testimony is not necessary, however. These cases are rare, but include instances where the surgeon leaves a sponge or other item inside the patient. This case might not require the use of an expert because the negligence in leaving the item in the patient is so obvious that the jury can easily understand the issues.
Expert witnesses can be expensive, but are required to prove the vast majority of medical malpractice cases.
Car Accidents
Q: What is contributory negligence and how will it affect my case?
A:
Contributory negligence is a common law doctrine that is still alive in both D.C. and Virginia. It operates as an "affirmative defense" to any negligence claim, including auto accidents. The doctrine states that, even if the accident was mainly, mostly, or almost completely, the fault of the other driver, the plaintiff loses if he was negligent at all.
Most states have abandoned this doctrine for a rule of "comparative negligence," which compares the negligence of the plaintiff and the defendant to allow for fairer verdicts.
An example will help to explain. Let's assume you have sustained $100,000 worth of injuries in a car crash that is 75% the other drivers fault and 25% your fault. In a "contributory negligence" state, the jury will be instructed to find that you recieve nothing. In a "comparative negligence," the jury will be instructed that you should recieve $100,000 discounted by your 25% negligence, and you will recieve $75,000.
Q: I was injured in a car accident, how do I know what my case is worth?
A:
This question is inevitable in every case. It is also impossible to answer without a thorough review of the record, your injuries, the apparent negligence of the other driver, and the amount of insurance carried by the other driver.
The value of a case also depends on how much it will cost to litigate. In order to pursue your claim, it may be necessary to hire expert witnesses to testify about your past and future injuries or recreate the car crash.
Finally, in all cases that go to trial, the value of your case will ultimately be determined by a jury.
Therefore, it is impossible to say at the outset of litigation how much your case may be worth. In order to begin an evaluation of your case, please give us a call today.
Q: I was in an auto accident and the insurance company is offering to settle. Should I accept?
A: Not without talking to an attorney first. Many insurance companies will contact you shortly after the accident to try to settle quickly. But a quick settlement will often prevent you from being able to recover for injuries that develop further down the line. What seems like a minor back pain today might develop into a huge problem in a few months or a year. This is why states like Virginia and Maryland set the statute of limitations for two years after the injury.
Before you sign anything from the insurance company, you should contact an attorney and make sure you’re not waiving any right you might have to a future claim.
Q: I was rear-ended and the other driver is blaming me! How can this possibly be my fault?
A: It almost certainly isn't your fault. When someone hits you from behind, it is virtually always the other driver’s fault. The basic rules of the road require drivers to stay far enough behind you to safely stop their cars if you stop, even if you stop quickly. If the driver behind you cannot stop his car, he is not driving as safely as he needs to be.
Sometimes both you and the car behind you will be hit by a third car. In that case, it is almost always the fault of the third driver for pushing the second car into you. Your attorney would be in touch with the third driver's insurance company if that happened.
Q: What is the minimum insurance coverage I'm allowed to carry in Virginia or D.C.?
A: Insurance coverage is typically measure by three numbers. The first is the maximum you will be able to recover for a single bodily injury in a single accident. The second is the total recovery you can get for all injuries in a single accident. The third is the maximum recovery you can get for all property damage caused by the accident.
District of Columbia: $25,000/$40,000/$10,000
Virginia: $25,000/$50,000/$20,000
These statutory minimums protect you from other driver’s negligence. It is always a good idea to carry more coverage than the minimum in case you are injured in a crash that is someone else’s fault.
In Virginia, it is also mandatory to carry an uninsured/underinsured motorists policy to protect yourself against injury from those drivers who do not carry the proper amount of coverage.
General
A: This frequently asked question is difficult to answer without an in depth interview. A “good case” usually requires the injured person to establish that someone else was at fault, and that such fault was the cause of the injury. The determination of “fault” can be difficult and complex. A common defense in Virginia, Washington DC and Maryland is that “the claimant is also at fault for the accident”. To have a “good case” means you did not contribute to the accident causing you injury. A “good case” usually requires more than a “minimal injury.” That means that in a car accident case, you must need medical treatment. Other claims, such as medical malpractice claims are usually very complex and expensive. Most attorneys will not accept a medical malpractice claim unless it results in a serious and permanent injury.
Q: What type of investigation is required?
A: The extent of investigation depends on the type of claim. For example, auto accidents usually need some investigation, but not as much as medical malpractice or products liability claims. Product and medical malpractice claims usually require review by highly paid experts. Medical malpractice and products liability experts usually need to review documents and other materials before they can give their opinions. The attorney gathers the paperwork or other materials to be reviewed by the expert. This investigation takes time and money. Investigations in medical malpractice and products liability cases can take weeks or months.
Q: What is a statute of limitations?
A: Every claim must be settled or filed in court within a particular period of time from the date of the injury. This period of time is called the “statute of limitations.” Statutes of limitations vary from state to state, and from claim to claim. Car accident claims are the most common claims presented to personal injury lawyers. Generally, you must settle or file accident claims in Virginia within two (2) years of the collision, and in the District of Columbia and Maryland, within three (3) years of the accident. The statute of limitations in medical malpractice cases, intentional harm cases, or any case in which the injured person is a minor, are more complicated. It is always advisable to seek the advice of a lawyer if you think you have a claim.
Q: How much will my case cost me?
A: We accept most, but not all, claims on a contingent fee. That means we get our fee from your eventual settlement. (See: Fees and Expenses) Expenses, such as costs of securing records, experts, depositions, filing fees, and the cost of serving subpoenas, also come out of the settlement or judgment. Sometimes, depending on the financial situation of the client, we do not require our clients to pay their expenses out of pocket. We will discuss these matters with you in detail when you come into the office.
Q: How long will my case take?
A: This is a difficult question to answer, and it depends on the type of claim, the degree of injury, and the position of the insurance company/defense lawyer. Claimants and the insurance companies usually disagree about the value of a claim. Therefore, sometimes we have to file lawsuits to get the attention of the insurance company and force it to seriously consider your claim. We must file before the statute of limitations expires and depending on the court, your claim could take from eight months to two years to get to trial. Remember, if you want to settle quickly, it gives the insurance company the upper hand. Insurance companies are reluctant to settle claims for what they consider to be minor car accidents. They are especially reluctant to settle claims for medical malpractice and products liability, and those cases almost always end up in court.
This web site is not intended to provide its reader with legal advice.
The information contained in this web site should not be used to determine how to proceed with a particular case. It is essential to contact an attorney to seek specific legal advise before proceeding with most cases.