Frequently Asked Questions

Camp LeJeune Water Contamination
What questions should I ask my Camp LeJeune Water Contamination Attorney?
  1. What is your experience in handling Camp LeJeune water contamination cases?
  2. How do you plan to approach my particular case?
  3. What kind of compensation or damages can I expect to receive?
  4. How long do you think it will take for my case to be resolved?
  5. How will you communicate with me throughout the process?
  6. Will my case be settled out of court or go to trial?
  7. What expenses will I be responsible for during the case?
  8. Do you have a team of experts who can support my case?
  9. Have you handled cases against the government before?
  10. Can you provide references or testimonials from previous clients who had similar cases?
Class Actions
Defective Products/Products Liability Lawsuits Frequently Asked Questions

Q: What is a defective product? A: A defective product refers to a product that is flawed or unsafe due to design, manufacturing, or marketing defects. These defects can pose risks to consumers and may result in harm or injury.

Q: What is a product liability lawsuit? A: A product liability lawsuit is a legal claim brought by an individual or group of individuals who have suffered harm or injury as a result of using a defective product. The lawsuit seeks to hold the manufacturer, distributor, or seller of the product accountable for the damages caused.

Q: What are the common types of defects in product liability cases? A: There are three main types of defects that can form the basis of a product liability case:

  1. Design defects: These occur when a product's design is inherently flawed, making it dangerous or unsafe for its intended use.
  2. Manufacturing defects: These defects happen during the manufacturing or production process, resulting in a product that deviates from its intended design and becomes defective.
  3. Marketing defects: These defects involve inadequate warnings, improper instructions, or misleading advertising, which fail to inform or alert consumers about potential risks associated with the product's use.

Q: Who can be held responsible in a product liability lawsuit? A: Depending on the circumstances, various parties along the supply chain may be held responsible, including the product manufacturer, distributor, wholesaler, or retailer. The specific liability of each party will depend on factors such as their role in the product's production, distribution, or sale, as well as any negligence or failure to meet legal obligations.

Q: What compensation can be sought in a product liability lawsuit? A: The compensation sought in a product liability lawsuit can vary but typically includes:

  • Medical expenses related to injuries caused by the defective product
  • Lost wages or loss of earning capacity
  • Pain and suffering endured due to the injuries
  • Property damage or other economic losses resulting from the defect
  • In some cases, punitive damages may also be sought to punish the defendant for particularly egregious conduct.

Q: What is the statute of limitations for filing a product liability lawsuit? A: The statute of limitations for filing a product liability lawsuit varies by jurisdiction. It generally establishes a time limit within which a lawsuit must be filed after the discovery of the injury or damage caused by the defective product. It is essential to consult with a qualified attorney to understand the specific statute of limitations applicable to your case.

Please note that the information provided here is for general purposes only and should not be considered legal advice. If you are involved in a product liability issue, it's important to consult with an experienced attorney to understand your rights and options based on the specific circumstances of your case.

Family Law
10 Questions to Ask your Family Law Attorney.
  1. How long have you been practicing family law, and what is your experience in handling cases like mine?
  2. What are the potential outcomes of my case, and what can I expect throughout the process?
  3. How long do you think it will take to resolve my case, and what are the factors that could impact the timeline?
  4. How do you bill for your services, and what is your fee structure?
  5. Are there any alternatives to going to court, such as mediation or collaborative law, that could help resolve my case more efficiently?
  6. What information do you need from me to help build a strong case, and what can I do to support the process?
  7. How will you keep me updated throughout my case, and what is the best way to reach you if I have questions or concerns?
  8. How do you approach negotiations with the other party, and what are your strategies for achieving the best outcome for me?
  9. What are the potential risks and benefits of taking my case to trial, and how will you prepare me for this process if it becomes necessary?
  10. What can I do to help make the process go as smoothly as possible, and what are the most common mistakes that clients make during family law cases?
Personal Injury
What is Negligence in a Personal Injury Matter?

What Is Negligence?

Negligence is a legal concept that describes a person’s state of mind and potential liability for losses and injuries caused by their actions. Historically, the principle of negligence came into U.S. law from the English common law as set forth in legal opinions written by judges.

The legal theory of negligence starts with the expectation that all people in society should exercise a basic standard (or duty) of care in all their actions. Negligence occurs when a person’s behavior falls below that standard. The breach of the duty of care (i.e., failure to meet the expected standard) may result from either a person’s affirmative conduct or their failure to take some reasonable action.

What Are the Required Elements to Successfully Prove a Claim of Negligence?

To meet the requirements of a negligence claim, an injured party, also known as a “plaintiff,” must show all of the following:

  • The defendant (the person being sued) owed the plaintiff a certain duty of care. A store manager who sees a spill on the floor has a duty to either clean it up or place a warning sign there so that customers don’t get hurt.
  • The defendant’s conduct fell short of meeting that standard. If the store manager ignores the spill and does nothing, they breach the duty of care.
  • The failure to meet the standard of care actually caused an accident, i.e., the accident would not have occurred had the defendant met the duty of care.
  • The accident and injury were reasonably foreseeable as a consequence of the failure to meet the standard of care. This is known as “proximate cause” and generally means that the type of injury suffered by the plaintiff is the kind of thing that might be expected to happen when someone does what the defendant did, as opposed to some kind of freak accident.
  • The plaintiff suffered actual losses as a consequence of the breach of the duty of care.

Because personal injury claims are civil suits, the burden of proof is lower than that required in a criminal prosecution. Though the language used can vary from state to state, the typical burden of proof in a negligence claim is “the greater weight of the evidence,” essentially a requirement that the plaintiff’s version of the facts must be more believable than the defendant’s.

Different Types of Negligence

Though most negligence claims are based on allegations of ordinary negligence, with the required elements set forth above, there are other forms of negligence that can affect the outcome of a personal injury claim based on negligence:

  • Gross negligence—This refers to an aggravated or extreme form of carelessness, such that it “shocks the conscience.” Whereas failing to stop at a red light or stop sign may constitute ordinary negligence, driving a motor vehicle at 100 miles per hour in a school zone at the end of the school day may qualify as gross negligence. When a court finds that there has been gross negligence, the plaintiff may be entitled to additional compensation, known as “punitive damages,” which is intended to deter such behavior.
  • Contributory negligence—The principle of contributory negligence prevents a plaintiff from recovering anything if they engaged in any behavior that “contributed” to causing the accident. Currently, only four states still apply this principle to personal injury claims.
  • Comparative negligence—Most states have replaced the concept of contributory negligence with some form of comparative negligence. With comparative negligence, the jury first determines the total amount of the plaintiff’s losses. Next, the court decides the degree to which the plaintiff was at fault for causing their own injuries and states that amount as a percentage of liability. The jury’s damage award is then reduced by that percentage. In those states adhering to the pure comparative negligence approach, an injured party may still recover damages even if they bear most of the responsibility for causing the accident. In those states that have adopted a modified comparative negligence standard, a plaintiff can only recover compensation if their liability falls below a specific threshold, typically 50%.
  • Vicarious negligence—This principal applies to assign liability to a person who did not actually engage in the act that caused the harm:
    • An employer can be liable for the negligent conduct of their employee.
    • A parent can be vicariously liable for the carelessness of a minor child.

What Damages Are Available in a Negligence Claim?

The damages available in a personal injury claim based on negligence are generally identified as either economic or non-economic losses. Economic damages (also known as “special damages”) are those that are tangible and easily calculated, whereas non-economic damages (also known as “general damages)” are subjective.

The common economic damages available in a negligence claim include:

  • Lost wages or income—The plaintiff may recover any wages or other compensation they would have earned but were not able to because their injuries prevented them from working. Recoverable wages and income include both past and projected future income lost because of the injury.
  • Unreimbursed medical expenses—A plaintiff may not recover for any medical costs covered by insurance but is entitled to reimbursement for any out-of-pocket medical expenses required because of the accident.
  • Property loss or damage—A plaintiff may recover the fair market value of any property destroyed because of another person’s negligence, any reduction in the value of property caused by an accident, or repair costs required because of an accident.

Noneconomic damages include:

  • Pain and suffering—Recovery may include compensation for discomfort or trauma suffered as a result of the accident. Many states prohibit or limit recovery for emotional pain and suffering.
  • Loss of enjoyment of life—You may be compensated for your inability to engage in activities that brought meaning or fulfillment to your life before the accident, or for your inability to engage in the simple acts of daily life, such as sitting, standing, and walking.
  • Loss of companionship or consortium—Damages may include an amount for the loss of the ability to be in intimate or close relationships with family members because of your injuries.
  • Punitive damages—If you prove the defendant was grossly negligent, you may be entitled to punitive damages, which are intended to deter reckless behavior.

What Is the Difference Between Medical Malpractice and Ordinary Negligence?

Medical malpractice is a form of negligence but differs from ordinary negligence based on the expected standard of care. In ordinary negligence claims, a person must act as a reasonable person would under the circumstances. In a medical malpractice claim, the standard of care element asks whether the defendant provided the level of care that a competent medical professional with similar training and experience would have provided in the same medical community.

Who Determines Liability in a Negligence Claim?

The jury makes the determination as to whether the defendant’s actions met or breached the standard of care and whether those actions caused the plaintiff’s injuries. In its deliberations, juries must give weight to how prior courts have ruled in cases with similar facts.


Most injury lawsuits allege negligence as a basis for liability. To prove negligence, you must show that the defendant failed to act as a reasonable person would, causing an accident and resulting in actual losses. In a personal injury lawsuit alleging negligence, you can seek damages for lost wages and income, loss of consortium or companionship, loss of enjoyment of life, unreimbursed medical expenses, physical pain and suffering, and any damage or loss of value to property. To find a local attorney that can assist with your personal injury case visit the directory at

Questions to Ask my Personal Injury Lawyer


  1. How long do I have to file a personal injury claim?
  2. What damages can I recover in a personal injury lawsuit?
  3. What is the process for resolving a personal injury case?
  4. What is the likelihood of my case going to trial?
  5. How much is my case worth?
  6. How long will it take to resolve my case?
  7. Will I have to go to court?
  8. Will I have to pay for any expenses upfront?
  9. How much will it cost to hire a personal injury lawyer?
  10. What is your experience handling cases like mine?
Criminal Law
10 Questions to Ask a Criminal Law Attorney.

As a criminal law attorney, here are some questions that clients commonly ask:

  1. What are my rights during an arrest?
  2. What charges do I face and what are the potential consequences?
  3. What are the possible defenses in my case?
  4. How strong is the evidence against me?
  5. Will my case go to trial or is a plea bargain an option?
  6. How long will my case take to resolve?
  7. What are the possible sentences if I am convicted?
  8. How can I improve my chances of getting a favorable outcome in my case?
  9. What are the potential collateral consequences of a criminal conviction?
  10. How much will it cost to hire you as my attorney, and what is your fee structure?

It is important to remember that every case is unique, and your criminal defense attorney will tailor their advice and strategy to your specific situation.

Drunk Driving
10 Questions for a DWI/DUI Lawyer
  1. What are the potential consequences of a DUI conviction?
  2. How can a DWI attorney help me in my case?
  3. What factors can affect the outcome of a DUI case?
  4. Can a DWI conviction be expunged from my record?
  5. What is the process for defending against a DUI charge?
  6. How can I prepare for my court appearance?
  7. What are some common defenses used in DWI cases?
  8. Will I have to go to trial for my DUI case?
  9. What are the costs associated with hiring a DUI attorney?
  10. What should I do if I have been charged with a DUI?
Traffic Violations
10 Questions for a Traffic Violation Lawyer
  1. What types of traffic violations do you handle?
  2. Can you explain the potential consequences of a traffic violation conviction?
  3. How do you typically defend clients in traffic violation cases?
  4. How often do you go to trial for traffic violations?
  5. What kind of evidence do you typically need to build a strong defense?
  6. Can you walk me through the traffic court process?
  7. How much experience do you have in handling traffic cases?
  8. Can you explain the potential impact of a traffic violation on my driving record and insurance rates?
  9. Do you have experience with cases similar to mine?
  10. How much do you charge for your services, and what is included in your fee?
Workers Compensation
10 Questions for a Workers Compensation Attorney
  1. What is workers' compensation, and how does it work?
  2. Can you explain the types of benefits available to workers under workers' compensation?
  3. How long does an injured worker have to file a workers' compensation claim?
  4. What types of injuries or illnesses are typically covered by workers' compensation?
  5. What steps should an injured worker take immediately after a workplace injury?
  6. Can an injured worker choose their own doctor, or are they required to use a company-selected physician?
  7. What happens if an employer disputes a workers' compensation claim?
  8. What role does the workers' compensation board or commission play in the claims process?
  9. How long does it typically take to resolve a workers' compensation claim?
  10. Are there any circumstances under which an injured worker might be able to pursue a personal injury lawsuit against their employer?