Common Personal Injury Questions
Other Personal Injury FAQs
I've been hurt in an accident and I want to file a claim for my injuries.
What's the first thing I should do?
The first few hours can be critical to the eventual outcome of a personal
injury case, because it may be your only opportunity to gather important
visual evidence. If possible, if you have a digital camera or a cell phone
with a built-in camera, use it to take photographs of everything connected
with the accident and your injury. Then, contact Simeone & Miller, LLP
immediately so we can arrange to meet with you and get to work on your case.
Prior to meeting with us, take the following steps (the more of these suggestions
you can follow, the more smoothly your claim process is likely to flow):
- Seek immediate medical care, if necessary
- Write down as much as you can about the accident itself, including any
- Document your injuries, including all relevant details.
- Note any losses (such as wages) you've suffered or will suffer as a result
of the accident.
- Make notes of conversations you may have had with anyone relating to the
accident, including police officers, insurance companies, any representatives,
witnesses and other drivers
Should I notify people myself about my intention to file a claim for my
It is best practice to keep your intention to file a claim between you
and your attorney. It is wise to keep the case between yourself and your
lawyer in order to preserve your rights and prevent others from declaring
that your claim is unfair. By notifying a slip and fall accident attorney
about your case immediately, the chances of receiving a fast and fair
resolution will increase. In addition, your lawyer can begin forming a
strong and effective claim for your injury.
What is the difference between a claim and a lawsuit?
A claim is generally made with an insurance company for reasonable compensation
for injuries sustained as a result of an insured's negligence. A lawsuit
is a legal action filed in court against an individual, an insurance company,
a corporation, or a government entity to recover compensation for injuries.
Your attorneys will help you determine the best course of action to take
in your case.
Is there a deadline for filing a lawsuit to recover compensation for my injuries?
Yes. Each state, as well as the federal government, has their own limitations
regarding deadlines for those who wish to file premises liability lawsuits.
If you miss the deadline, your case may be dismissed, and you may be unable
to recover compensation for your injury. However, if you contact a slip
and fall injury lawyer immediately, you may be eligible for financial
compensation to cover medical expenses, lost wages, emotion distresses and more.
I was injured while traveling, what should I do?
If an accident occurred somewhere other than in your home, be sure to locate
and photograph any evidence or conditions you believe may have caused
or contributed to the accident. You may be surprised to discover something
you were not aware of when the accident occurred, but which may help explain
what happened: a defect on the spot where you fell, a traffic light that
isn't working, or a pertinent object that you previously did not see.
Do not break any laws by removing things that do not belong to you, but
remember to take photographs before and after removing any physical evidence.
Can I make an accident injury claim against a government entity?
Yes. If your accident might have been wholly or partially caused by a government
entity or employee of a city, county, state, or federal government, or
any public agency or division (a city bus or a school district, for example),
your attorneys must file a formal claim within a short time after your
accident. This period of time usually ranges between 30 days and one year,
depending on the government involved.
Note that failure to file a claim within the time limit or failure to include
required information in your claim may result in losing your right to
collect compensation. Do not delay - contact Simeone & Miller, LLP today.
I was sexually assaulted but was not physically injured, do I have a case?
Absolutely. Sexual assault is a horrific act and whether or not you were
physically injured or whether the perpetrator has been legally prosecuted
is irrelevant to your right to file a lawsuit for damages. Your civil
rights have been violated and you need help seeking recompense.
Many women feel intimidated after a sexual assault and are reluctant to
act, especially if the perpetrator is a friend or coworker. However, we
are sensitive to potentially embarrassing circumstances, and also aware
that an aggressive, forthright legal action is not only in your best interests,
but in the best interests of justice as well.
Your attorneys can help you overcome your reluctance by presenting you
with a clear strategy, one calculated to help preserve your privacy to
the furthest possible extent and gaining compensation for the wrong that
was done to you. Again, taking notes ahead of time and documenting any
physical evidence will only help to strengthen your case. Simeone &
Miller has had success in several assault cases - rely on our success.
I was bitten by a dog, can I be compensated for my injury?
An owner is responsible for an attack by his dog if the dog has demonstrated
"vicious propensities" in the past or if the owner fails to exercise control
over the dog. It is a myth that "a dog gets one free bite." The so called
"one bite rule" arises from the mistaken belief that in order to demonstrate
that an owner had knowledge of his dog's "vicious propensities" you must
demonstrate that the dog had previously bitten someone. This isn't the
case. "Vicious propensities" can be demonstrated by previously chasing
people, bearing teeth, or other attacks without biting. In addition, even
if a dog has never exhibited "vicious propensities," if it bares its teeth
and/or chases after someone, the owner cannot stand idly by when a tug
on a leash or call to the dog could prevent the attack.