Frequently Asked Questions

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  • Does it cost money to speak to an attorney about Yaz, Yasmin, and Ocella?

    Our firm offers free consultations.  Please call 1-800-752-0042 to talk to one of our attorneys.

  • What is deep vein thrombosis (DVT)?

    Deep vein thrombosis is a side effect you can suffer after taking Yaz, Yasmin, and Ocella birth control pills. It is a blood clot that commonly occurs in the leg veins, arm veins, or deep veins of the pelvis. A complication from a DVT can lead to a clot in the lungs, also known as a pulmonary embolism.

    About the editors: The motto at Shapiro & Appleton& Duffan law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.

  • Is it necessary to prove that the other driver was at-fault in causing the accident to recover for an injury from the insurance company in North Carolina (NC) after a car wreck?

    Yes.  It is necessary to prove that the driver of the other vehicle caused the wreck by being negligent.  Negligence is the failure to use ordinary care.  Negligence in a car wreck in North Carolina means the failure to obey the rules of the road that we are all familiar with including not following too close, not making an improper lane change, yielding the right of way when required, not speeding, keeping a proper lookout, and keeping your car under proper control.  In addition, the law of North Carolina that applies to automobile accidents in the law of contributory negligence which says that if the person who was hurt was even 1 percent at-fault in causing an accident, then they are not entitled to recover anything. 

    This harsh law is not the rule in most states in the United States but is the law of Virginia, North Carolina, Maryland, Washington, D.C. and the state of Alabama.  In these states, in order to recover compensation, it is necessary that the person who is hurt show that they were free from fault themselves in causing the car accident.

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.

  • Are the rules of the road different for drivers of large commercial trucks than for cars?

    Yes, the drivers and operators of tractor trailers and other commercial vehicles are required to not only obey the regular rules of the road that apply to all motor vehicles but also certain special federal regulations that apply to trucking. These rules, found in the Federal Motor Carrier Safety Regulations (49 CFR §§350 through 399), set forth these special laws that govern any semi's and large passenger vehicles used in interstate traffic. Most states, including North Carolina, incorporate by reference most of the federal regulations that apply to 18-wheelers and other big trucks. Some of these rules involve special qualifications for CDL drivers, hours of service for drivers, and the inspection and repair of trucks. There are also special rules about drug testing and other information which must be gathered when there is a serious injury or death involving one of these big rigs.

  • Is the FELA different from worker's compensation or are they similar?

    The FELA is different from workers compensation. Workers compensation is a no-fault system, that allows recovery of only a specific percentage of lost wages and payment of medical bills, but does not allow any lawsuit or jury trial against an employer.  A worker can recover damages even if they are at fault. 

    The FELA, on the other hand, is far better in some ways because it allows no ceiling or cap on the amount of damages that may be recovered. Though, it follows common-law negligence principles and requires that a worker prove or one or more of the following:


    1. If the injury to the worker is a result of negligence or carelessness of any officer, agent or employee of the railroad, or the worker's injury is caused by any defect in the cars, engines, appliances, machinery, track, roadbed, or any other equipment of the railroad, the employee may recover damages;


    2. If the worker is hurt as a result of a railroad violation of a relevant safety statute, either state or federal, the worker is entitled to recover damages;


     

  • What exactly is the FELA?

    FELA is the acronym of the Federal Employers Liability Act. It is a federal law that protects and applies to railroad workers hurt on the job and working in interstate commerce. It is the exclusive remedy for railroad workers who are injured on the job as far as claims against their own railroad employer. 

    The FELA covers accidents, diseases, and illnesses arising from the railroad workplace, or occurring at places or at times that are part of the worker's job.

  • What exactly is a wrongful death claim?

    A wrongful death claim can be filed when the victim was killed as a result of negligence, or another type of unjust action by an individual or entity being sued, and the victim's survivors are entitled to damages as a result of the improper conduct/negligence.

    Basically, a wrongful death claim is just a negligence lawsuit in which an individual died as the result from an injury.

  • What are interrogatories and how can they be used against me?

     

     

    Interrogatories are questions, plain and simple. Why do attorneys call these questions interrogatories anyway? Leave it to lawyers to have a six syllable word titled "interrogatories" instead of just calling them "questions."

    In any case, a set of interrogatories includes a series of questions where one party in a civil lawsuit can require that another party answer the questions under oath. This means you need to answer honestly and fully. If you withold information in a set of interrogatories, the opposing attorneys will use it at trial to try and discredit your claim.

     

     

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.

  • Can the other party ask about legal advice or conversations between you and your attorney?

    No, absolutely not. Conversations between you and your lawyer fall under the attorney-client privilege and normally an attorney will answer with an objection asserting the attorney-client privilege if the opposition tries to interogate you in this area. It would be up to the judge in the case to overrule this type of privilege.

    There are a number of other special privileges that protect information. Typically, when a party sends a set of interrogatories to our client, we send the pleading on to our client and explain to them that they should answer all of the questions that deal with factual matterslegal issue.
     

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.

  • What is the significance of interrogatories in a lawsuit?

    An important aspect of interrogatories is that the other party's lawyer can stand up in court and show a jury the interrogatories/question and a client's answer so long as the attorney notifies the court that it intends to make this information known to a jury. Also, interrogatories, because you answer then under oath, are essentially testimony of a party. When a party gives an answer under oath it is essentially stating a client position on that point and it is hard to change that testimony in the future.

    Of course, circumstances can change. For example, a physical condition can grow worse, and if the condition or situation changes, it is appropriate to file a supplemental answer notifying the other party of the additional or supplemental information. In some cases, we may file 10 to 15 times supplemental answers on behalf of a client, updating information.

    Especially because interrogatories may be read to a jury, any attorney must be careful and review all answers with a client before they are placed under oath. I've had the experience of several clients not fully disclosing information about a prior injury or a prior condition that they didn't think was relevant-- and did not want to tell me about-- so they did not feel it needed to be listed. Once I have reviewed all of the information with the client, I've convinced the client that under the law they must provide the information even though they don't believe it is relevant.

    The test in virtually every state and federal court is that if the information may in any way lead the opposite party to some relevant point in the case, it must be disclosed. It is clearly good legal advice to a client to always disclose what could possibly be required because simply giving the answer under oath in an interrogatory, in no way means that the information could be utilized at trial with a jury.

    Simply put, there is a lot of information in injury litigation that must be disclosed, but there is a much tighter requirement about what evidence is admissible to a jury and a judge will exclude all kinds of things that might have been disclosed in the interrogatory answers, but are later ruled not admissible at trial. A perfect example would be disclosing that a client was in a prior car accident 15 years ago and suffered personal injuries.


    About the editors: The motto at Shapiro & Appleton& Duffan law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.