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FAQ And Answers In Liability And Injury
1. What is product liability?
Product liability is a way of getting compensation for injuries caused by a product.
2. What is a product?
A product is anything man made. For example, an automobile, a home appliance, a drug, a machine, a chemical, a tool, really anything that is manufactured, changed, bottled or packaged.
3. When can an injured person recover injuries caused by a product?
Recovery for injuries caused by a product depends on whether the product was in some way defective; in other words that there was a defect in the product, a flaw or a failure in some manner.
4. If I think I’ve been injured by a defective product, what should I do?
Save the product, never throw it away. Try to locate and save all purchase documents, receipts, manuals. Speak with a qualified product liability attorney about your case.
5. What is a traumatic brain injury?
A traumatic brain injury (TBI) happens when a sudden traumatic event causes damage to the brain. A TBI can result when the head hits an object such as in a car accident or during contact sports, or when an object penetrates the skull and enters the brain tissue.
6. What are some of the symptoms caused by a TBI?
Symptoms of a TBI can be mild to severe. A person with a mild TBI does not have to lose consciousness. According to the Brain Injury Association Of Maryland, other TBI symptoms include the following:
- Blurred vision or tired eyes;
- Ringing in the ears;
- A bad taste in the mouth;
- Fatigue or lethargy;
- Sleep changes;
- Behavioral or mood changes;
- Memory, concentration and thinking problems.
If you have hit your head, first seek out medical attention. If the injury was caused by someone else’s negligence, consult a qualified personal injury attorney. The Brain Injury Association Of Maryland recommends that you look for a headache that gets worse or will not go away. Someone may also have convulsions or seizures or vomiting or nausea. It is important to make sure the person is seen before they go to sleep, as it is often difficult to wake someone who has had a TBI. A person’s eyes may be dilated in one or both pupils, their speech may be slurred and they may have weakness or numbness in the extremities. If someone experiences a loss of coordination, increased confusion or is otherwise “out of sorts” after a head injury, consult a medical professional.
7. What is a concussion?
The word concussion is used to describe any injury to the brain that is the result of an impact to the head. This can be mild or severe. Concussion and closed head injury mean the same thing.
8. What is a closed head injury?
A closed head injury often happens in a car accident. No object actually penetrates the brain but the brain has suffered a trauma from a violent shake or thrust or by hitting a hard object. The injury can be diffuse, meaning all over the brain, or focal, meaning that the damage is centralized to one area. These injuries range from mild to severe.
9. What is an open head injury?
An open head injury can also be called a penetrating head injury or skull fracture. This injury happens when something penetrates the skull and enters the brain. These injuries are typically focal, affecting only a specific area of brain tissue. These are very serious injuries that can cause permanent disability and can be fatal.
10. What is a diffuse axonal injury?
A diffuse axonal injury results from the brain moving back and forth in the skull as a result of acceleration or deceleration. In this injury nothing hits the head. This injury can be caused by a fall, in sports, in a car accident or by a violent act such as shaken baby syndrome.
11. What is bad faith insurance?
Generally it is when your own insurance company does not treat you as they are required to under the law that is, with good faith and fair dealing
12. Can an insurance company deny my claim for any reason they choose?
No. denials must be made after your claim has been properly investigated. Insurance companies do not have to pay every claim. If your claim is debatable or questionable, the company can deny the claim. An experienced bad faith attorney can advise you on whether your claim is bad faith or not, particularly in fire loss cases.
13. Can my insurance company ignore my requests for information or clarification?
No. Your insurance company must answer you in a timely manner.
14. Do I need to hire a lawyer in any accident case?
The short answer is no. Cases that involve a small amount of damage to the involved vehicles and relatively minor injuries that heal quickly do not justify the involvement of an attorney. We recognize that other firms maintain the position that you should have a lawyer on each and every automobile accident case. We simply do not agree with this philosophy.
If you have a relatively small accident case, the involvement of a lawyer is not going to improve the outcome enough to warrant paying that lawyer’s fees. We do not take those kinds of cases for this very reason. We are not a firm who signs up everyone who comes through the door. We only take on cases where our representation will provide meaningful help.
15. What should I do if I am in a serious accident?
If you are in a serious car accident and have been told that you could possibly have permanent injuries as a result, it is very important that you obtain competent and qualified counsel to handle your claim. Insurance companies are not in the business of paying large claims voluntarily, easily or without a fight. It is very important that you retain counsel who has a wealth of experience with the kind of accident and injuries that you have. It is also important that whoever you hire has a successful track record both in settling such claims and taking them to trial. Contact a reputable attorney as soon after the accident as possible. All three of the attorneys at our firm have attained a score of 10.0 or superb for personal injury by Avvo.