Personal Injury FAQs

What is a personal injury case?

Personal Injury refers to any situation wherein one person is injured because of another's actions or negligence. Personal Injury is a very broad area of law and encompasses many types of cases, which can include slips, falls, motor vehicle accidents, construction accidents, wrongful death, medical malpractice, spinal cord injury, and brain injury. This area of law is designed to protect citizens against negligence and the damaging actions of others. Each personal injury case is unique, and a consultation is recommended to review your case's specific details.

What is negligence and how is it determined?

In short, negligence is the failure to act reasonably in a given situation. Negligence can include doing something that should not have been done or failing to do something reasonably called for in a given situation. Negligence does not simply mean doing something wrong.

How much is my injury claim worth?

There is no easy method to determine how to place a price tag on injury, pain, and suffering. Because each personal injury case is so unique, there are no hard and fast rules, and a magical mathematical equation does not exist from which to derive an exact dollar amount. However, it is vital that the worth of your case be accurately determined before a jury decides your case or before a settlement can be reached.

To accurately determine the worth of a case, one's lost wages, medical expenses, and property damage must be ascertained. In addition, a claim can be made for pain and suffering, mental anguish or emotional distress, loss of enjoyment of life, loss of consortium, and lost opportunities.

Using this information as a base, attorneys use general formulas that have been developed to calculate a monetary figure for damages in personal injury lawsuits. In general, the total damages are calculated by considering a number of factors, including the degree of the defendant's liability, the nature of the injury, the plaintiff's credibility, the defendant's credibility, the plaintiff's age, the strength of the evidence, and whether there are any witnesses. The formulas merely serve as guidelines. Every case is different, thus every outcome is different.

The New Jersey and Pennsylvania personal injury attorneys at Winegar, Wilhelm, Glynn & Roemersma use their vast years of experience to carefully assess your damages based on your specific injury, pain, and suffering. Our dedicated attorneys vow to provide you with the most effective legal representation possible in order to ensure you receive the results you deserve.

What is product liability? What do I need to prove in a product liability case?

Manufacturers and retailers are responsible for ensuring that the products they make or sell are safe for consumer use. State and federal laws provide remedies for victims of product defects. Defective products do not perform as can be reasonably expected or may simply be unreasonably dangerous as designed.

In cases where the victim was injured while using a product for a foreseeable intended purpose, the manufacturer or retailer is responsible. Examples of defective products include automobiles that are not crashworthy, defective tires, dangerous drugs, dangerous toys, and faulty industrial machinery.

In order to have a successful product liability case, generally you must prove that (1) the product was unreasonably dangerous or defective, (2) that you were injured from foreseeable use of the defective product, and (3) that the injury was caused by the product's defect.

How do I know if I have a medical malpractice case?

Simply stated, medical malpractice occurs when a medical professional's negligence causes or contributes to a patient's injury or death that would not have occurred otherwise. A medical malpractice case is one in which the acceptable standard of care is not provided by a medical professional, resulting in a patient's ultimate injury or death.

Medical malpractice cases cover a wide variety of situations, including: surgical mistakes; failure to diagnose; cancer misdiagnosis; emergency room negligence; birth injury; and medication errors. To find out if you have a valid medical malpractice case, contact the experienced attorneys at Winegar, Wilhelm, Glynn & Roemersma today.

What is the medical malpractice "standard of care"?

In general, "standard of care" is defined as "how a reasonable medical professional would act in similar circumstances." Violations of the standard of care occur when a medical professional creates a foreseeable, unreasonable risk of harm to a patient. If a violation in the standard of care causes an injury or death, the medical professional may be liable for medical malpractice. If you have any questions regarding the standard of care, contact our New Jersey and Pennsylvania medical malpractice attorneys today.