Frequently Asked Questions
Q: What is liability coverage?
A: Liability coverage is the portion of your automobile insurance that protects you if another driver or a pedestrian makes a claim against you as a result of a car accident.
Q: The adjuster for the other driver keeps calling me at home. What should I do?
A: Don’t talk to an adjuster until you speak to us. Keep in mind the adjuster works for the other driver’s insurance company. Their job is to pay you no money at all or as little as possible.
Q: Will I go to court?
A: Most personal injury cases are settled prior to going to court. A trial is needed when the insurance company refuses to settle for the true value of the claim.
Q: What should I do if I am in a car accident?
A:Call the police immediately so a report can be made at the scene of the car accident. Seek medical treatment. Keep in mind the shock of being in a car accident may hide any pain until hours or even days later. Do not speak to the at-fault driver’s insurance company about your injury or agree to a recorded statement. Call us immediately.
Q: What is premise liability?
A: Premise liability law puts responsibility on a property owner for some injuries suffered by other people on his property. It can include accidents that take place in the owner’s home, on the owner’s property, or while a person is at another’s place of business.
Q: I was injured on another’s property. Is there anything I can do?
A: You may be able to recover damages if the property owner’s negligence caused your injury. A property owner is responsible to maintain the property in a safe condition. If the owner violated the proper duty of care for the property, he or she could be held responsible. But duty of care is not the same in all situations. For instance, a business owner has a higher duty of care to his customers than a homeowner has to someone trespassing on his property. Contact us now so we can discuss your personal injury case.
Q: I was bitten by a neighbor’s dog while walking in front of his house? Can I sue for damages?
A: If you were legally on another person’s property or in a public place and were bitten by a dog, you may be able to file a lawsuit for your injuries. Contact us now so we can go over the details of your personal injury case.
Q: What does causation mean?
A: Causation is the connection between the property owner’s negligence and the injuries sustained. In this kind of case, it has to be proven the property owner’s negligence caused the damages or injuries.
Q: Are punitive damages available in a premises liability case?
A: Yes, but gross misconduct must be proven. In other words, evidence must prove the defendant’s behavior showed a reckless disregard of a known danger and that danger caused damages.
Q: Can a property owner be held responsible for criminal acts that happen on his property?
A: Yes. If the owner knew or had good reason to know a criminal act could happen on the property and failed to take the proper steps to prevent it, he or she could be held responsible. Proving negligence in this kind of case is more difficult than a slip and fall situation, but it can be done.
For further information on questions you have regarding pursing a lawsuit, contact our car accident, traumatic brain injury or personal injury attorneys for answers. The lawyers at Barron Peck Bennie & Schlemmer have knowledge in personal injury cases.