Tag Archive: Personal Injury FAQ

What is Negligence?

To recover under a negligence theory, the Plaintiff must prove four elements: (1) that defendant owed him a duty of care; (2) that defendant breached this duty of care; (3) that the breach was the legal cause of plaintiff’s injury; and (4) that the Plaintiff suffered damages. Duty Generally, a person has a duty to

What Damages Are Available?

Once the breach of the duty is established, the only requirement left is to determine if the Plaintiff was harmed by the Defendant’s negligent act and the compensation for the victim. Generally, in determining damages, the Defendant’s culpability is of no consequence, unless punitive damages are assigned. An important step in compensating the victim is

How Do Insurance Companies Calculate Loss?

Every personal injury claim begins by submitting a claim to the Defendant’s insurance company after the client is done with medical treatment. At that point, an attorney prepares a “demand letter” that spells out the insured’s liability and the client’s damages. Once received, the insurance company evaluates the claim and decides whether to settle the

Personal Injury FAQ

Our team at Eric Roy Law Firm is passionate about educating our clients about their rights. We want to make this process as simple as possible for you, and explain in detail what you can expect down the road. Below are answers to some important questions that clients usually have. We hope that you find


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