Q/A

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Q: I have been injured in an accident. What can Rizzotto Law Firm do for me?

A: If you are injured in an accident, whether or not you were at fault, you have rights that need protecting within the time limits permitted by law. Rizzotto Law Firm will help you obtain the benefits and compensation for your losses.

There are two sources of benefits and compensation for the injuries and losses suffered because of a motor vehicle accident. The first, the accident benefit claim, is to seek and collect accident benefits through your own automobile insurance company or from the insurance policy of any other vehicle involved in the accident. The second, the tort claim, is to sue the driver who is at fault.

Q: How long does the whole claims process take?

A: The process varies from case to case. Rizzotto Law Firm tries to maximize your return, and minimize your waiting period

Q: What accident benefits are available to me?

A: The accessibility of accident benefits, commonly called no-fault benefits, vary from case to case. They are obtainable regardless of who caused the car accident. Accident benefits available include:

– income replacement benefits;
– non-earner benefits;
– medical and rehabilitation benefits;
– care giver benefits;
– attendant care benefits;
– housekeeping expenses;
– death benefits; and
– funeral expenses.

Q: If I sue the other driver, what can I recover?

A: You can recover damages (that is, money) to compensate you for the following:

– pain and suffering;
– loss of enjoyment of life;
– loss of a family member’s guidance, care and companionship;
– economic losses: income, earning capacity, competitive advantage, housekeeping; and
– medical, rehabilitation, health and care costs.

There are significant restrictions. To pursue a claim or lawsuit for pain and suffering and loss of enjoyment of life, your injuries must reach a certain threshold. You must suffer:

– permanent serious disfigurement (that is, a scar); or
– permanent serious impairment of an important physical, mental or psychological function.

Any damages recovered for pain and suffering and loss of enjoyment of life is subject to a deductible. You can also sue for damages to compensate you for the loss of a family member’s guidance, care and companionship. These damages are also subject to a deductible.

Importantly, there is no restriction upon your right to sue for economic losses.

It is often difficult to determine whether your injuries reach the threshold. This affects what damages you are entitled to from the other driver. A knowledgeable professional like Rizzotto Law Firm can accurately advise you about your right to sue for damages.

Q: I was at the grocery store and slipped on spilled liquid that was not cleaned up. What are my rights?

A: The liquid obviously should not have been on the floor. The store has an obligation to keep its premises safe and avoid any situation of danger. It should have cleaned the floor and posted some type of warning sign to its customers. It is therefore negligent or at fault. As your lawyers, we will help you prove the store is at fault. As a result, the store of its insurance company is responsible to compensate you for what medical treatment you need, for your loss of enjoyment, your pain and suffering, your our of pocket expenses and loss of earnings.

Q: As I reached for the lumber the entire stack fell on my head. Do I have any recourse?

A:The lumber was clearly improperly stacked and not secured. Therefore, the store created a dangerous situation. This resulted in you sustaining significant bodily injuries. The store will suggest that you caused or contributed to the lumber striking you by moving the lumber. With our advice and assistance we will prove the store created this situation and was negligent. Once this is accomplished, we will obtain compensation for you from the store or its insurer for your losses and your pain suffering.

Q: I was walking on the sidewalk and tripped on a crack in the cement. Can I pursue the City for compensation?

A: The crack in the sidewalk or the unevenness in the sidewalk has to be significant enough for you to seek relief from the City of its insurer. A very small crack or an uneven sidewalk barely visible to the naked eye will not result in any relief for you. Municipalities are traditionally tough adversaries. You have to prove everything to them to be successful in seeking compensation. As your lawyers we will guide you towards proving that the City was negligent and that you deserve compensation for your pain and suffering and losses.