FAQs
Frequently Asked Questions in the Legal Field
Personal Injury Cases
What should I do immediately after an accident?
After an accident, prioritize your health and safety. Seek medical attention, even if injuries seem minor, as some may not show symptoms immediately. Document the scene (if safe to do so), gather witness statements, and contact an attorney as soon as possible to preserve evidence.
How much is my personal injury case worth?
The value of your case depends on factors such as the severity of your injuries, medical expenses, lost wages, pain and suffering, and the strength of evidence. Ms. Whitney-Smith will carefully assess your case and guide you through the process to ensure fair compensation.
Do I have to go to trial?
Not necessarily. Many personal injury cases are resolved through settlements outside of court. However, if a fair settlement cannot be reached, we are fully prepared to take your case to trial.
Medical Malpractice
What constitutes medical malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the standard of care, leading to harm or injury. This could include misdiagnosis, surgical errors, medication mistakes, or birth injuries. If you believe you’ve been a victim of medical malpractice, we can help assess whether you have a case.
How do I prove medical malpractice?
Proving malpractice requires establishing that a healthcare provider’s actions deviated from the accepted standard of care and directly caused your injury. Our legal team works with medical experts to thoroughly investigate your case and gather critical evidence.
How long do I have to file a medical malpractice claim?
The statute of limitations varies by state, but in most cases, you must file a claim within two to three years from the date the malpractice occurred or was discovered. It’s crucial to consult an attorney early to ensure you meet all deadlines.
Child Custody
How is child custody decided?
Child custody decisions are made based on the best interests of the child, which includes factors such as the child’s safety, emotional well-being, and the ability of each parent to provide care. Courts also consider the child’s wishes if they are of sufficient age and maturity.
Can custody arrangements be modified?
Yes, custody arrangements can be modified if there is a significant change in circumstances, such as a parent’s relocation, change in health, or a shift in the child’s needs. We can help you navigate the process of seeking a modification.
What happens if the other parent violates the custody agreement?
If the other parent violates the custody agreement, we can assist you in taking legal action to enforce the terms of the agreement. This could involve mediation or, if necessary, court intervention.