Frequently Asked Questions
General
- Should I provide a statement to an insurance company without a lawyer’s help?
- Will I have to go to trial to recover damages?
- What is considered “pain and suffering?”
- What determines the amount I might recover?
- Is there a minimum or maximum amount that can be recovered in a personal injury settlement?
- What is a typical settlement amount?
Criminal defense
- Frequently asked questions about criminal defense in California
- Frequently asked questions about criminal defense in Maryland
- Where can I find more information about criminal defense in Washington, D.C.?
Workers compensation
- What should I do if I get injured on the job?
- How can I jeopardize my benefits?
- Under what circumstances could I be denied workers compensation benefits as a result of an on-the-job injury?
- Am I barred from recovery if I was at fault?
- Can I sue anyone else for a work-related injury?
- What is no-fault workers compensation?
- What if my workers compensation claim is denied?
Auto accidents
Wrongful death
- What is wrongful death?
- What is the statute of limitations for filing a wrongful death claim?
- What is the difference between wrongful death and medical malpractice?
- Who can sue for wrongful death?
Product liability
Dog bites
- A dog bit me. Who do I tell?
- What is the “one free bite” rule?
- Which jurisdiction covers dog bites—state or local?
- What do leash laws cover?
- Can posting a “Beware of Dog” sign help get me out of trouble if my dog bites someone?
Contact the law firm that cares
If you have other legal questions, speak with a DuBoff & Associates, Chtd. attorney. Call 301-495-3131 or contact us online.
General
Should I provide a statement to an insurance company without a lawyer’s help?
It is in your best interests to only provide your contact information to an insurance company until you consult with a lawyer. The more significant your injuries, the more imperative it becomes to seek legal counsel before providing any statement.
Will I have to go to trial to recover damages?
About 95 percent of personal injury cases filed settle prior to trial.
What is considered “pain and suffering?”
Pain and suffering includes harm caused by physical injury and mental anguish experienced through avoiding activities you engaged in prior to your accident and the potential of surgery.
What determines the amount I might recover?
Every case addresses three issues:
- Liability—establishing someone’s negligence
- Damages—the amount that will fairly and adequately compensate you for your injuries
- Source of collection—insurance or other assets from which damages can be recovered
Is there a minimum or maximum amount that can be recovered in a personal injury settlement?
No.
What is a typical settlement amount?
An experienced personal injury lawyer reviews and interprets your case information to determine the appropriate value for your claim:
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The goal is fair and adequate compensation for your injury and an experienced attorney will know what a reasonable jury would award. The strength of lay and expert witness testimony will likely influence the amount.
Workers compensation
What should I do if I get injured on the job?
You must notify your employer of the injury. You should also tell your employer if you need medical attention. You may also have to notify the state’s industrial commission. An experienced workers compensation lawyer can help you understand the process and your rights and file your claim.
How can I jeopardize my benefits?
Your claim may be denied if you fail to report injuries promptly or fail to cooperate with your employer and authorized treating physician regarding medical evaluations, treatment, rehabilitation services and claim investigation. Your claim can also be denied if you refuse to return to suitable employment. Some other reasons for denial of claims include submittal of fraudulent information, refusal to take a drug test, and refusal to submit to a medical examination by the authorized treating physician, at reasonable times.
Under what circumstances could I be denied workers compensation benefits as a result of an on-the-job injury?
Benefits are not payable if you are injured while engaged in willful misconduct or if your injury is due to the use of alcohol, drugs, or the misuse of controlled substances
Am I barred from recovery if I was at fault?
No.
Can I sue anyone else for a work-related injury?
This is called a third party suit. If your injury was caused by the negligence of a third party other than another person who is also an employee of the company for which you work, you may have a right to sue that party.
What is no-fault workers compensation?
Some states have no-fault insurance programs that give benefits to employees who suffer job-related injury or illness. In such a program, if you are injured on the job, you receive benefits in exchange for agreeing not to pursue civil action against your employer, unless the injury was intentional.
What if my workers compensation claim is denied?
If your employer and its insurance company deny coverage on the claim, you may file a claim with your state agency. There is a time limitation—all workers compensation statutes restrict the amount of time you or your dependent has to file a workers compensation claim, usually between one to three years from the date of injury, depending on the state. If your claim is for a job-related disease, the time limitation period begins when you learn you have the disease.
Auto accidents
Can the insurance company refuse to pay my medical bills if my car was not damaged?
No. While the insurance company might try to draw a direct correlation between damage done to your car and the severity of your personal injury, it is possible that the body sustains damage even if the car did not. The reverse may also be true—a car might experience major impact but the people might only suffer minor cuts and bruises.
Wrongful death
What is wrongful death?
The idea behind a wrongful death lawsuit is the wrongful death, in addition to injuring the person who died, also brought harm to the people who depended on that individual for financial and/or emotional support. The wrongful act might be:
- A negligent or careless act (e.g., careless driving)
- A reckless act
- An intentional act such as deliberate murder
What is the statute of limitations for filing a wrongful death claim?
State law sets the timeframe for filing. Time begins with the time of the incident/the party became aware of or discovered the injury. The state will not honor a wrongful death claim filed after the legislated timeframe and the opportunity to recover damages for the family will be forever lost.
What is the difference between wrongful death and medical malpractice?
Wrongful death is a type of damage and malpractice is a type of negligence. Not every wrongful death case involves medical malpractice and not every medical malpractice case involves wrongful death.
Who can sue for wrongful death?
State law defines the person(s) allowed to bring a wrongful death suit. Contact DuBoff & Associates, Chtd. to find out if you can bring a wrongful death lawsuit on behalf of your loved one.
Product liability
What if I know that a defective product harmed other people besides me?
When the same defective product injures a large number of people, they may join together in a class action lawsuit to hold manufacturers and sellers liable for the injuries caused by their product.
Dog bites
A dog bit me. Who do I tell?
Contact your local animal control agency or the police.
What is the “one free bite” rule?
In Maryland, the owner is not held liable for the first bite the dog inflicts. Once an animal has demonstrated vicious behavior—biting or otherwise displaying a “vicious propensity”—the owner can be held liable. The one free bite rule does not apply in Washington D.C. or in California, where a dog owner is liable for any injury caused by the dog.
Which jurisdiction covers dog bites—state or local?
Both. In addition to state laws, your local communities might also have animal laws covering bites, leashing, and vaccinations. Your local laws might ban ownership of certain breeds, too.
What do leash laws cover?
Most communities require dogs to be leashed unless they are confined to a house or fenced yard, even on the owner’s property. Failing to adhere to the leash laws combined with dog biting may increase potential penalties.
Can posting a “Beware of Dog” sign help get me out of trouble if my dog bites someone?
While the sign may help to alert others to any potential hazard, specific facts surrounding the dog bite determine any liability.
