California

What is the statute of limitations for filing a slip and fall lawsuit?

In CA, the SOL is generally 2 years. However for claims against public entities, the SOL is decreased to 6 months.

What must an injured person prove to determine when someone else is legally responsible?

Generally, the injured party must prove that a dangerous condition caused the accident, and the property owner or possessor knew of the dangerous condition. To establish that the dangerous condition was known, the injured party must prove that: the owner/possessor created the condition, knew the condition existed and failed to correct it, or the condition should have been discovered and corrected having existed for a duration of time.

Liability is determined by establishing that the property owner/possessors negligence created the danger at issue. Alternatively, if the property owner violated a statute regarding matters like building codes, the plaintiff can thus prove the property owners negligence.

How are fault and damages determined?

CA uses the pure comparative negligence rule in which each party responsible is assigned a percentage of fault, thus allowing the injured person to collect damages reduced by the amount they were at fault.

What type of damages can be recovered from a slip and fall case?

Damages that may be recovered include: medical bills, physical therapy, medical equipment, prescription drug costs, and even lost wages. Also, damages for pain and suffering, physical impairment and mental anguish may also be recovered.

District of Columbia

What is the statute of limitations for bringing a claim?

The statute of limitations to file a personal injury suit is 3 years.

I injured myself. What do I have to do or show to recover damages?

First, you may have to file a personal injury lawsuit to recover damages. In order to win, you must prove that other party was negligent and caused your slip and fall.

Is there any alternative to filing a lawsuit?

Instead of filing lawsuit, parties can negotiate a settlement amount, and each party must sign a legal document which may prohibit the injured person from suing later; settlement agreement doesnt require the party at fault to admit blame

Florida

What is the statute of limitations for bringing a claim?

The statute of limitations to file a personal injury suit in FL is 4 years.

If a person is injured, on whom is the burden of proof placed?

The burden of proof is placed on the injured person to prove that the other party should have known there was obstruction on the floor that could cause injury.

For example, if you slipped and were injured in a store, you must prove that store did not take normal precautions to monitor conditions in their store at regular intervals or ignored an unsafe condition or was in some other way negligent in allowing a slippery condition to continue risking injury to others.

Maryland

What is the statute of limitations for bringing a claim?

The statute of limitations to file a personal injury suit is 3 years.

What does Maryland law take into account when determining liability?

Maryland follows the Contributory Negligence Rule which takes into account the plaintiffs action are taken into account when determining liability for the accident; consequently, if the plaintiff is even one percent responsible for causing injuries, the law bars him/her from recovering any monetary compensation

What must the plaintiff prove?

The burden of proof is placed on the plaintiff who must convince the jury that their version of events is more than likely true.

Illinois

What is the statute of limitations for bringing a claim?

The statute of limitations to file a personal injury suit is 2 years.

What theory does Illinois follow regarding distribution of damages?

Illinois follows the theory of modified comparative negligence in which parties each share part of the blame. A party may obtain compensation for their injuries if they were less than 51% responsible; however, if the party is more than 51% at fault, then they recover nothing if more than 51% at fault.

If the parties decide on a settlement, what does it cover?

Settlement should be enough to cover cost of medical treatment, lost wages, and temporary or permanent disability. Compensation for pain and suffering should also be addressed.

New York

What is the statute of limitations for bringing a claim?

The statute of limitations to file a personal injury suit is 3 years.

What types of hazards may a property owner be held liable if an accident occurs on his/her property?

The types of hazards include: potholes, uneven/cracked sidewalks, ice, snow, uneven/broken stairs, poorly lit stairwells or hallways, and wet floors

What is a property owners legal duty?

The property owners has a legal duty to ensure that his/her property is safe and hazard free.

What must the plaintiff prove in order to prevail?

The plaintiff must prove that the property owner failed to take reasonable steps to prevent/inspect for/promptly repair the hazardous condition once it was discovered. If the plaintiff is able to prove that the property owner knew/should have known of the condition, then he has proven that the property owner didnt act reasonably in failing to remove that condition.

Texas

What is the statute of limitations for bringing a claim?

The statute of limitations to file a personal injury suit is 2 years.

What is the duty of property owners?

Property owners must exercise reasonable care to maintain property in a safe and hazard-free manner. This can be accomplished with periodic inspections of the property and if a hazardous condition is found, the property owner should warn of the condition.

What must the plaintiff prove to prevail?

In proving liability, the plaintiff must show that the property owner either created or knew and failed to remedy or should have known of the hazardous condition because a reasonable person would have discovered and repaired it.

What theory does Texas recognize in determining recovery?

They recognize the theory of Comparative Negligence. If the plaintiff failed to exercise reasonable caution and protect him/herself from the propertys dangerous condition, the recovery will be reduced by the amount of negligence attributed to him.

Virginia

What is the statute of limitations for bringing a claim?

The statute of limitations to file a personal injury suit is 2 years.

What must the plaintiff show in order to prove liability?

The plaintiff must prove that the defendant (property owner, manager, etc.) created the dangerous condition or knew or should have known of the unsafe condition and failed to correct it within a reasonable amount of time.

What is typically awarded for damages?

Generally, the award includes compensation for medical bills, lost wages, and pain and suffering.

What defenses may a defendant raise to avoid liability?

The defense may raise contributory negligence defense by proving that the hazardous condition was so open and obvious that a prudent person would have seen and avoided it.

Is there a statute of limitations for bringing a slip and fall case?

There is a two year statute of limitations.

PRODUCTS LIABILITY

Who may be the target of a products liability claim?

Any or all parties that talk part within the chain of manufacture of any product may be targeted for damage caused by the product.

What types of product defects incur liability in manufacturers and suppliers?

1) Design defects are those that inherently exist before the product is manufactured

2) Manufacturing defectsare those that occur during the construction or production of the item

3) Marketing Defects encompass improper instructions and failures to warn consumers of latent dangers in the product. Examples include improper labeling, insufficient instructions, inadequate safety warnings, etc.

How do you establish that there is a design defect?

To establish a design defect, the plaintiff must prove: there is a safer hypothetical alternative design, as economically feasible and practical as the original design, retaining the primary purpose behind the original design despite the changes made.

What theories of liability may a plaintiff base his or her cause of action?

Most jurisdictions follow at least one or more of the following theories:

1) Negligence refers to the absence or failure to exercise proper ordinary care

2) Breach of Warranty is the failure of seller to fulfill terms of a promise or representation of a products quality or type

3) Misrepresentation refers to the advertising or sales promotion of a product that give consumers a false sense of security about the product.

4) Strict Liability refers to the holding the vendor/manufacturer responsible even if they lack fault for individuals that may have been injured by the product.

California

What is the statute of limitations to bring an action?

An action must be brought within 2 years from the time when the injury is or should have been discovered.

What do I need to prove to recover for my losses?

As most cases are strict liability claims, the injured person only needs to show that the product was defective and the injury was the result of the defect. This is in contrast with negligence claims where the injured person needs to show that it was the fault of the designer/manufacturer or distributor that caused the injury.

What damages can be recovered in a products liability lawsuit?

Generally, plaintiffs may recover compensatory damages such as medical bills, property damage repair costs, lost wages. Noneconomic damages would include pain and suffering, emotional distress and punitive damages.

Who may be liable or held responsible for my injury and/or losses?

Anyone within the chain of distribution may be held liable. The chain of distribution includes a white range of individuals like manufacturer, designer, retailer, etc.

New York

What is the statute of limitations for products claims?

For products defects and negligence claims, the SOL is 3 years from date of injury. A breach of warranty claim must be made within 4 years from date of sale. Under certain circumstances, the statute of limitations may toll. For example, the statute of limitations may toll until a child turns 18; however, it is better to bring a claim sooner to prevent spoliation and dismissal of the case.

Texas

What is the statute of limitations for bringing an action?

The action must be brought within 2 years of the date on which the injury occurred.

Who may sue? Are bystanders allowed to bring an action?

Person injured may bring action against company responsible. Bystanders may also sue, or if they witness close family member sustaining an injury; spouse or children of an injured party may also bring a claim for the loss suffered by a loved one

Who may be sued?

The plaintiff may bring action against the company that designed or manufactured defective product. In addition, every manufacturer on the supply chain can be held legally responsible. Sellers and middle men like distributors and wholesalers may also be held liable.

What can be recovered?

Things that may be recovered include: medical bills, rehabilitation costs, lost income, other lost earnings, pain and suffering, and punitive damages.

Illinois

What is the statute of limitations for bringing an action?

The action must be brought within 2 years of the date on which the injury occurred. However, the state also has a 12 year statute of repose once the product is sold, and a 10 year statute of repose once the product is delivered to the first owner.

What is a statute of repose?

The statute of repose, if enacted, impose a bar to actions against manufacturers generally after goods are delivered or installed instead of when it causes injury.

Under what theories of liability may manufacturers be liable?

Manufacturers may be liable for defective products under all three separate legal theories: negligence, strict liability, and breach of warranty. To prevail on strict liability, the plaintiff must demonstrate that the defect was inherent in the product at the time it left the manufacturers possession, and the defect caused injury.

District of Columbia

What is the statute of limitations for bringing an action?

An action must be brought within 3 years from the time when the injury is or should have been discovered.

What theories are used in product liability actions in DC?

All four theories are used: Negligence, strict liability, breach of warranty, and consumer protection.

Generally, a negligence claim focuses on the manufacturers behavior and requires that the plaintiff show: 1) duty owed, 2) breach of that duty, 3) injury, and 4) breach that proximately caused the injury. Strict liability claims, focus on the product itself such that the manufacturer is liable if the product is defective, even if manufacturer was not negligent in making that product defective. Breach of warranty-based product liability claims usually focus on one of three types: 1) breach of an express warranty, 2) breach of an implied warranty of merchantability, and 3) breach of an implied warranty of fitness for a particular purpose. Lastly, many states have enacted consumer protection statutes for specific remedies for a variety of product defects.

What compensation may be recovered?

Compensatory damages like medical bills, lost wages, and property damages may be recovered. In addition, you may recover pain and suffering, loss of consortium and punitive damages.

Virginia

How long do I have to bring a lawsuit?

In VA, the person injured usually has two years from the date of injury to file a lawsuit. If a lawsuit is filed after that time, it may be dismissed by Court for being filed too late. However, depending on the circumstances, there are exceptions to the two year statute of limitations.

Who can I sue for defective products?

Depending on the facts and situation, you may bring a lawsuit against the product designer, manufacturer, distributor, wholesaler, or seller of the product.

How safe do the products have to be?

Virginia law dictates that products must be reasonably safe for their intended purpose(s) and their reasonably foreseeable uses. However, products arent required to be designed or produced with features representing the ultimate in safety.

Under what conditions must a product have warnings?

A supplier must adequately warn of foreseeable risks of using a product if it is inherently dangerous and the danger is not obvious. If the supplier fails to warn of such risks, a claim can be brought for failure to warn. If the danger is obvious, there is no duty to warn.

Do products have to have warranties as well? What are the different types of warranties?

Some products may come with express warranties. Statements about the quality or characteristics of a product in advertising literature or sales negotiations may also be considered to be express warranties. You may have a valid claim if you were harmed by a product because it didnt live up to its warranty.

In sales and leasing situations, there is generally an implied warranty that the product is reasonably safe for its intended use and reasonably foreseeable purposes.

Does the buyer have to give notice of breach of warranty?

Under VA law, a buyer must notify the seller of a product of any product defect within a reasonable time after the buyer discovers or should have discovered the defect. (However, this does not apply to non purchasers of the product who are injured by the product.)

If Ive been injured, does that mean the product is defective?

Not necessarily, because the defendants must have also been negligent or committed a breach of warranty in order for you to have a pursuable claim.

If the product bought was not new, can you still sue? If so, who can you bring the lawsuit against?

Yes, you may still bring a claim even if the product was purchased used. Lawsuits have been brought against companies who have designed, manufactured, distributed, or sold products.

Maryland

What categories do Maryland Product liability cases generally fall under?

MD product liability cases generally fall under manufacturing defects, design defects, and marketing defects.

What is the statute of limitation to file a products liability action?

If injured because of a product defect, you must bring the action within three years of the date of injury.

Is the manufacturer or seller liable for my injuries?

Depending on the surrounding circumstances like nature of injury, where injury took place, etc., both the manufacturer and seller may be responsible.

What types of products and injuries can I make a claim for?

Products ranging from vehicles, household products to food items or heavy machinery may be the subject of a liability claim.

What are the possible legal theories that can be argued in a products liability case?

The legal theories that can be argued are: negligence, breach of warranty, misrepresentation, and strict liability.

What is the plaintiffs burden in a defective products personal injury/products liability action?

Under strict liability standard, manufacturers are responsible for injuries caused by their defective or unreasonably dangerous products even if they were not negligent. Generally, the plaintiff must prove there was a defect in the product or that the manufacturer was at fault for inadequately warning consumers about potential dangers.

Florida

What is the statute of limitations for bringing a products liability claim?

An action must be brought within 2 years from when the injury is or should have been discovered. The state also enacted a 12 year statute of repose.

What is Floridas Discovery Rule? What does it mean?

Floridas Discovery Rule dictates that SOL runs from when injury is, or should have been, discovered.

Under Florida law, there is a delayed discovery doctrine generally provides that a cause of action doesnt accrue until the plaintiff either knows or reasonably should know of the tortious act giving rise to the cause of action.

If successful, what damages may the plaintiff recover?

The plaintiff may recover compensatory damages for personal injury or property damage. Furthermore, if the manufacturers actions were willful or malicious, the plaintiff may be able to receive limited punitive damages.

MEDICAL MALPRACTICE

California

What is the statute of limitations for bringing a medical malpractice action?

In California, the claimant has one year from the date the claimant discovered the negligent act to bring a medical malpractice action for injury or death; furthermore, the date must be within 3 years from the date of injury.

How does CA determine recovery?

California follows the pure comparative negligence rule such that the plaintiffs negligence is compared to the combined negligence of all parties in order to determine the percentage of recovery obtainable.

What types of non-economic damages may a tortfeasor be responsible for?

Non-economic damages include: pain and suffering, inconvenience, mental illness, emotional distress, loss of companionship, loss of consortium, injury to reputation, and humiliation.

If there are several individuals found liable, how is liability calculated?

A joint tortfeasors liability may be joint, several, or joint and several. Under joint liability, each party is liable for up to the full amount. Under several liability, parties are liable for only their respective amounts. Under joint and several liability, a claimant may pursue any of the parties found liable, and leave it to them to sort out their portions of liability and payment.

Can a hospital be held liable for the actions of its employee physicians?

Yes, CA law holds a hospital liable for the acts of a physician if it is believed that the physician is an actual or ostensible agent of the hospital.

What must a claimant show in order to establish a prima facie case of medical malpractice?

Generally, a claimant must show expert testimony to verify the negligence claims.

New York

What is the statute of limitations for bringing a medical malpractice action?

A medical malpractice action must be brought within two and a half years from the alleged act or from the end of a continuous treatment during which the act/omission took place. Foreign object cases may be brought within one year from the date which the foreign object was discovered. A wrongful death action must be brought within two years from the date of death.

How does New York determine recovery?

As a pure comparative negligence state, the recoverable damages will be reduced in proportion to the claimants negligence.

How is liability for joint tortfeasors calculated?

Joint tortfeasors are held jointly and severally liable. Joint tortfeasors whose liability is equal or less than 50% is only severally liable for the non-economic losses.

Who may hospitals be vicariously liable for?

A hospital may become liable for emergency physicians and others by actual agency or by apparent agency because it holds out independent contractors as hospital employees. Otherwise, hospitals are not vicariously liable for acts of non-employee members of the medical staff.

Is there a cap on damages recoverable?

No, NY doesnt limit the amount of damages recoverable in medical malpractice claims.

Texas

What is the statute of limitations for bringing a health care liability claim?

A health care liability claim must brought within two years from the occurrence or from the completion of treatment.

How does Texas determine recovery?

Texas follows the doctrine of modified comparative negligence such that a claimants action is barred if he/she is more than 50% responsible. If equal or less than 50%, the claimants recovery is reduced in proportion to that percentage.

How is liability for joint tortfeasors calculated?

Joint tortfeasors are generally held to be severally liable and not jointly; thus, each defendant is liable only for the portion of claimants damages equal to his percentage of responsibility.

What must a plaintiff show to establish a hospitals liability for an independent contractors malpractice based on ostensible agency?

A plaintiff must show that: 1) he had reasonable belief that the physician was the hospitals employee or agent; 2) such belief was generated by the hospital or the physical portraying the physician as an agent or employee; and 3) the patient justifiably relied on the representation.

Does the plaintiff need to provide expert testimony?

Yes, within 120 days of filing a claim, the plaintiff must provide expert reports that address issues of liability and causation for each physician or health care provider against whom a claim is asserted.

Illinois

What is the statute of limitations for bringing a health care liability claim?

Actions for personal injury or death must be filed within two years from the date the claimant knew or reasonably should have known of the injury. A claimant may not bring an action more than four years after the date the act/omission occurred.

How does Illinois determine recovery?

Texas follows the doctrine of modified comparative negligence such that a claimants action is barred if his/her contributory fault is more than 50% of the proximate cause of the injury or damage for which recovery is sought. If the fault is equal or less than 50%, the claimants recovery is reduced in proportion to that percentage.

How is liability for joint tortfeasors calculated?

Defendants are jointly and severally liable for medical malpractice actions based upon negligence.

Under what circumstances is a hospital vicariously liable for a contractor physician?

Conditions include if 1) independent contractor physician acts in a manner that would lead a person to believe that the physician is an agent or employee, and 2) the patient reasonably relies upon such conduct.

Does the plaintiff need to provide expert testimony?

For a medical malpractice case, a plaintiffs attorney must attach an affidavit stating that 1) he has consulted with an expert who practiced or taught the same area of medicine within the last 6 years; 2) the expert is qualified by experience or demonstrated competence in the subject of the case; and 3) the expert has determined in a written report that there is reasonable and meritorious cause for filing such action.

Are there caps on damages? What types of damages are allowed?

For medical malpractice, IL does not cap compensatory damages. Caps on non-economic damages have been held to be unconstitutional, and punitive damages are not allowed.

District of Columbia

What is the statute of limitations for bringing medical malpractice actions?

DC has a three-year statute of limitations measured from the time the plaintiff knows or should know of the injury having exercised due diligence. A wrongful death action must be brought within one year of the date of death.

How does DC determine recovery?

DC follows the theory of contributory negligence such that a claimants own contributory negligence would bar his/her recovery.

How is liability for joint tortfeasors calculated?

Joint tortfeasors are jointly and severally liable for compensatory damages and severally liable for punitive damages.

Can a hospital be held vicariously liable for its contracted physicians?

Yes, a hospital may be liable under the theory of ostensible or apparent agency for the negligence of the hospitals independently contracted physicians.

Does the plaintiff need to provide expert testimony?

Generally, expert testimony is required to establish a breach of standard of care in medical malpractice actions.

Are there caps on damages?

No, in a medical malpractice action, there is no cap on amount of damages recoverable.

Virginia

What is the statute of limitations for bringing medical malpractice actions?

Medical malpractice actions for injury must be brought within two years from the date of injury. Wrongful death actions must be brought within two years of death.

How does VA determine recovery?

For medical malpractice cases, Virginia recognizes the doctrine of contributory negligence. Thus, it is possible that a plaintiffs contributory negligence may bar his recovery entirely.

How is liability for joint tortfeasors calculated?

Joint tortfeasors are jointly and severally liable such that any joint tortfeasor is liable to the plaintiff for the entire judgment regardless of the degree of fault.

Who may the hospital be vicariously liable for?

In accordance with the doctrine of respondeat superior, hospitals are vicariously liable for negligence of employees but not of independent contractors.

Does the plaintiff need to provide expert testimony?

Generally, expert testimony is required to establish the standard of care, deviation from the standard, and proximate cause of the injury.

Maryland

What is the statute of limitations for bringing medical malpractice actions?

Actions must be filed within five years from the date when the injury was committed, or three years from the date when the injury was discovered, whichever date is earlier.

How does MD determine recovery?

Maryland follows the traditional common law doctrine of contributory negligence, so a claimants negligence would completely bar his/her recovery.

How is liability for joint tortfeasors calculated?

Joint tortfeasors are jointly and severally liable.

Can a hospital be held vicariously liable for its contracted physicians?

Yes, based on principles of apparent agency, a hospital may be held responsible for the negligence of independently, contracted physicians.

Does the plaintiff need to provide expert testimony?

Yes, a claimant must file a certificate from a qualified expert attesting to departure from standard of care and was the proximate cause of the alleged injury within 90 days of filing a medical malpractice claim.

Florida

What is the statute of limitations for bringing medical malpractice actions?

An action must be brought within two years from the date of the incident or from the date when the incident was or should have been discovered. From a wrongful death action, the statute of limitations is two years running from the date of death.

How does FL determine recovery?

FL follows pure comparative negligence, so the claimants award is diminished in proportion to the claimants fault.

How is liability for joint tortfeasors calculated?

In any action for professional negligence accruing on or after July 1, 1986, wherein damages exceed $25,000, liability is apportioned among the defendants on the basis of each defendants degree of fault and each is severally liable. However, any tortfeasor whose liability exceeds that of the claimant is jointly and severally liable for the claimants economic damages.

Can a hospital be held vicariously liable for its non-employee physicians?

FL has adopted a theory of corporate negligence such that when hospitals fail to exercise due care in the selection and retention of the staff physicians, hospitals will be held vicariously liable for the acts of non-employee physicians in medical malpractice cases.

Does the plaintiff need to provide expert testimony?

Generally, expert testimony is required to establish a medical malpractice claim. In the notice of intent to initiate a medical malpractice action, the claimant must include a verified written medical expert opinion substantiating the reasonable grounds to believe each defendant was negligent. The defendant may provide a verified written medical expert opinion if he/she denies the existence of reasonable grounds for the claim.

DEBT COLLECTION

California

What is the statute of limitations to file lawsuit concerning non-payment?

California has a 4-year statute of limitations to file lawsuit for non-payment of written contracts, open accounts, and promissory notes. For oral agreements, those lawsuits must be filed within a 2-year statute of limitations. Once the statute of limitations expires, lawsuits are invalid, but creditors and collection agencies may seek payment through other forms of contact.

What types of collections actions are considered valid/legal forms of contact?

In addition to filing lawsuit within the appropriate statute of limitations, creditors and collection agencies may seek collection by sending letters, faxes, phone calls, and personal visits.

What are considered illegal collections actions?

Creditors and debt collection agencies may not: pretend to be law enforcement or government official or present documents appearing to be from those sources, make repetitive and disruptive calls to consumers at unreasonable hours, fail to comply with consumers request to cease contact through workplace, or harass a consumer through intimidation, violence, abuse, etc.

Are there services that can help me negotiate a settlement?

There are debt settlement and negotiation companies and debt settlement attorneys to help debtors reduce their total debt such and pay off the amount for only a fraction of the previous amount.

Texas

What is debt settlement?

Debt settlement includes debt reduction and debt negotiation as a means of resolving debts without using judicial processes.

What is the general process of debt settlement?

To start the process, the debtor must contact a lawyer or agency to begin the negotiation process. Then, the debtor will cease all payments to creditors. Generally the debtor will open an account to place money intended to pay off the debt, and once sufficient funds are available, the debtor or representative will negotiate a lump sum payment.

What is the statute of limitations for bringing suit?

The statutes of limitations is 4 years.

Are there laws prohibiting types of creditor behavior?

Texas has laws and regulations that prohibit creditors from resorting to harassment and abusive collection tactics, misrepresenting the debt, sending documents that indicate judicial assent, threats of arrest, or repossessing property without court approval.

Can my home be repossessed?

Under the Homestead Act, creditors cannot repossess your home unless under circumstances like the loan was for your home.

Florida

What is the statute of limitations for debt collection?

For debts created through oral agreements, the statute of limitations is 4 years. Debts created through written agreements have a 5 year statute of limitations.

Failure to repay debt will remain on consumers credit report for up to 7 years, but after this statute of limitations expires, debt collectors have no legal course to force consumers to repay debt.

What are considered legal collections actions?

Collections actions through personal visits, emails faxes, letters, or phone calls are acceptable means. Within five days after the initial contact, collection agencies must send written notice to consumers regarding their outstanding debt obligations.

What are considered illegal collections actions?

Contacting the debtor at hours before 8am or after 9pm may be considered harassing. Contacting the consumer at his/her place of employment after being informed the employer does not approve is also illegal. If the consumers write a letter demanding the agency cease contact, upon receipt, the debt collectors may not longer initiate collections attempts except to inform taking a specific action.

What does a debt negotiation and settlement include?

A settlement agreement may include: negotiating reduced settlements, how repayment of debt will appear on credit reports, dealing with non-negotiable financial obligations like student loans.

Virginia

What is the statute of limitations (SOL) for filing suit?

For open accounts like credit cards and oral agreements, the SOL is 3 years. For written contract and promissory notes, the SOL is 5 years.

What are considered legal collection practices?

Collection practices include wage garnishment up to 25% or 30 times the federal minimum hourly wage. There may be late charges of no more than 5% of the total debt. Collection agencies may communicate with a debtor through their employer if no home address or phone number is available. Furthermore, disclosure of the debt to the debtors spouse is also permitted.

What are considered illegal collection practices?

Illegal collection practices include: any threats that are physically or emotionally damaging to a debtor or their family and any state agency or officer attempting to enforce garnishment collection.

Are there violation fees for debt harassment?

Those who violate the federal guidelines for debt harassment from the Fair Debt Collection Practices Act and the Fair Credit Reporting Act face violation fees of $1,000 as well as the possibility of legal fee compensation.

What are some benefits of debt negotiation and settlement?

Possible benefits include resolving the debt and avoiding potential lawsuit, reliving continues payments with a lump sum payment, and coordinating remaining debt payments with a particular financial circumstance.

New York

What is the statute of limitations for filing a lawsuit?

There is a 6 year statute of limitations for non-payment of written contracts and promissory notes. Oral agreements and open accounts carry a 4 year statute of limitations.

What are considered legal collections actions?

Creditors and debt collection agencies may pursue payment of debt by letters and phone calls.

What are considered illegal collections actions?

Illegal collections actions include: misrepresentation as law enforcement officers or government representatives, threatening any misleading punitive actions against the debtor, abusing or harassing a debtor, revealing or threatening to reveal false information about the debtors financial status.

Is there a penalty for debt harassment?

As harassment is illegal under both federal and New York laws, the penalty for harassment is a misdemeanor.

What can an attorney help the debtor with?

The attorney can help protect the debtor from further damaging his/her credit rating, missing payments, and high fees. The attorney can negotiate with creditors for hardship consideration or forbearance and help restore their finances and credit rating.

Maryland

What is the statute of limitations (SOL) for filing suit?

For promissory notes, judgments, and other contracts under seal, the SOL is maximum of 12 years. Civil action awards have an SOL of 3 years, while breach of contract stemming from sale of goods as an SOL of 4 years. Finance statements have a SOL limitation of 12 years, however, a continuance may be granted if a continuance is filed six months before the end of the first SOL period.

What are considered legal collections actions?

Debt collectors may contact debtors by mail, email, fax or phone during the reasonable hours of 8am to 9pm. There must be documentation of the debt owed including the original creditors documents regarding debt.

What are considered illegal collections actions?

Illegal collections actions include those mentioned in federal laws related to debt collection practices which include abusive, threatening, or harassing language, debt collectors cannot engage in fraudulent, deceptive, or unfair business practices, cannot publicize or disclose existence of debt to shame a debtor, or threaten legal action without intent of taking such action.

What are possibly penalties for debt harassment?

Consumers may file complaints if their claims of harassment are valid, and thus invalidate a companys claim to a given debt. Debtors also have the right to file suit against creditors and agents, and thus collect damages based upon emotional stress caused by their actions.

What are the benefits of hiring a debt collection attorney?

A debt collection attorney can help with debt settlement by negotiating a debt settlement in lump sum or payment plans, ensuring the legality and validity of the companys claims, and even stopping collections actions taken by debt collection companies.

Illinois

What is the statute of limitations (SOL) for filing suit?

For insufficient fund notices from checks, there is a 3 year SOL. Breached contracts for sale have a SOL of 4 years. All open or unwritten accounts have a 5 year SOL. Contracts for written accounts have a 10 year SOL.

What are considered legal collections actions?

A phone call, fax, or email from a debt collection agency must be followed with a letter within 5 days. The letter must specify the amount of money owed and to whom.

What are considered illegal collections actions?

Agencies may not contact the debtor at work if employer forbids personal calls or at inconvenient hours (before 8am or after 9pm). Agents may not threaten legal action without intent to pursue such actions or attempt to intimidate a debtor. Furthermore, there must be a legitimate claim with verification document containing pertinent information.

How do I dispute a collection claim? What generally happens?

If you dispute the collection claim, you may send a certified letter stating your reasons. The debt collection agency will then have 30 days to respond. If the debtor really owes the debt, the collection company may then send the copy of the bill and pertinent documents.

If I owe money, what are important things to know in setting up a payment plan?

It is important to document everything including the times and dates the agents may have contacted you. You may also consider hiring a debt collection attorney to help you through the process.

What are the advantages of a debt collection attorney?

Some advantages are that the attorney can negotiate a payment plan for you, speak on your behalf, and prevent a collection agency from harassing you.

District of Columbia

What is the statute of limitations for bringing suit?

The statute of limitations is 3 years.

What type of behavior by debt collectors is prohibited?

Some prohibited behavior includes that a debt collector may not unreasonably oppress, harass, or abuse a debtor in attempt to collect a claim, may not unreasonably publicize a debtors financial status, or use fraudulent means to collect. Furthermore, under District of Columbia Fair Debt Collection Practices Act 22-3401, a collection agency is prohibited from leading others to believe that it is associated with the government of DC. If a person violates 22-3401, he/she will be fined up to $300 or imprisoned up to 90 days.

How may a debt collector contact you?

A collector may contact you by mail, telephone, telegram, fax, or in person. Contact must be at reasonable hours between 8am to 9pm.

How can I stop a debt collector from contacting me?

You may write a letter to the collection agency telling them to stop. The agency must cease contact except to state there will be no further contact or to notify if the creditor intends to take action.

What can I do if I believe a debt collector violated the law?

Within one year, you may sue the collector, and if you win, you may recover damages and court costs. You may also report problems to the Department of Consumer Affairs and Federal Trade Commission.

AUTO ACCIDENTS

California

Are there requirements for an auto accident victim to sue in California?

No, once you have been in an auto accident and you believe you can establish the other person was negligent (acted carelessly or in an unsafe manner), you may bring an action against the other party.

What is the statute of limitations from bringing suit?

Injured claimants generally have 2 years from the date of the accident to file a lawsuit.

What is Californias compulsory financial responsibility law?

California dictates that you must have a minimum amount of insurance coverage ($15,000 per person and $30,000 total) in order to hold your drivers license and registration.

What damages can I recover when Im involved in an accident?

Economic damages that may be recovered include anything you would have to spend out of pocket such as medical expenses, lost wages and earnings, loss of property, rental property. You may also recover non-economic damages such as pain and suffering, emotional anguish, etc.

Texas

In auto accidents, how does Illinois determine who is at fault?

The insurance company will assign degrees of fault based on the circumstances surrounding the accident. Illinois uses proportional comparative fault in which the party who is more than 51% at fault for the accident cannot file a liability claim against the other driver.

Even if I am at fault, can my insurance company pay for my injuries?

Yes, insurance companies may offer extra coverage called personal injury protection in which the insurance company may help pay for your property damage, personal injury and medical expenses regardless of who is at fault.

My car is damaged in an automobile accident, what can I recover?

Depending on the extent of damage of your vehicle, the insurance company will either pay for your repairs or paid cash value for the vehicle.

How is the actual cash value of the car calculated?

Given that the actual cash value is the cost to replace the vehicle of similar conditions subtracting the vehicles depreciation value due to wear and tear.

Instead of paying or receiving a lump sum, is it possible to make payments instead? What are the advantages?

Yes, this is called a structured settlement. Advantages include a reduced tax liability as well as ensuring that there will be a steady flow of payments so you cannot spend it all at once.

Illinois

What is the statute of limitations to bring suit?

For personal injury or damage to personal property, there is a 2 year statute of limitations.

What theory does Illinois follow in determining fault?

Illinois follows the proportional comparative fault theory in which the party at least 51% at fault cannot file suit against the other party.

What are the car insurance coverage requirements?

The coverage has a limit of $20,000 for any one individual in the car at the time of the accident, and up to $15,000 for property damage.

If I am involved in an accident with a government vehicle, who can I sue?

You may sue the government agency that employs the government employee. The agency may be the city, town, county, state, public agency, or a school.

Florida

What does it mean that Florida operates under the no-fault system?

Under the no-fault system, Florida drivers must purchase personal injury protection insurance such that regardless of who is at fault, the insurance company will cover your personal injury damages up to the policy limits.

What else does the Florida no-fault policy cover?

It will cover medical expenses, some lost wages as well as possible prescriptions, travel expenses and household help.

Can I still sue the other party for payment?

Under the no-fault system, Florida drives give up their right to sue; however, for the serious personal injuries, death or permanent injury sustained from the accident, you may sue the at-fault party to recover damages not covered by the personal injury protection.

If you are able to sue, what do the damages include?

The damages would include pain and suffering, lost wages, lost earny capacity, medical expenses, and even loss of consortium.

What happens if the person who hits me does not have the bodily injury insurance or the funds to pay the judgment for my injury?

Because Florida does not require bodily injury insurance, they do make available uninsured/underinsured motorist coverage such that the insurance can cover the costs incurred.

Maryland

How is liability determined in Maryland?

Maryland is a negligence and contributory negligence state. Contributory negligence will prevent a party from recovering for damages if he/she contributed to the injury. Maryland deems that the contributory negligence of the claimant must have proximately caused the accident.

Are drivers required to have Personal Injury Protection coverage?

It used to be that there was an automatic provision for $2,500 PIP benefits and up to $2,500 lost wages. However, now, this coverage is optional through waiveable PIP. Thus, to bring a PIP claim, you must show/prove that you did not waive PIP on your insurance policy.

What are the MD statutes of limitation for auto/car accidents?

The SOL in MD ranges from 1 to 5 years. Your PIP application must be filed within one year. A personal injury or death suit must be filed within 3 years.

What damages may I be entitled to if the accident occurred in Maryland?

Compensation is either non-economic or economic damages. Non-economic damages carry a cap and include plain and suffering or beneficiary of a wrongful death. Economic damages include past and future expenses like lost wages. Incidental damages such as gas money or taxi fare may also be included in economic damages.

Does it matter where you file lawsuit in Maryland?

Yes, because there is no damages threshold to meet in order to file a lawsuit, you can just focus on the size of the case in deciding where to file. Suing in District Court for up to $5,000 will give you the benefit of small claims rules, and suing up to $10,000 means you cannot be jury-demanded. Lawyers can help you determine what to do and whether a bench or jury trial is better.

District of Columbia

What is the statute of limitations for filing suit?

Under DC law, you only have 60 days to make a PIP claim. To file suit for negligence, the SOL is 3 years; however, for minors, the 3 years does not begin running until their 18^th birthday. For a wrongful death and survival action, it is recommended that you file within 1 year.

Which court should I file in?

In Small Claims Court, you can sue for $5,000 and the laws of evidence are relaxed so you can bring in your medical claims before the judge. If suing for more than $5,000 you will be in Superior Court where the filing fees are higher and the defense may demand a jury. However in DC, regardless of the amount sued for, the jury may demand a jury.

Virginia

How does VA determine liability?

Liability for car/auto accidents in VA is based on contributory negligence, which must be a proximate cause of the accident.

What is the statute of limitations for filing suit?

Unlike MD and DCs 3 years, VA gives only 2 years to file suit for injury. However for property damage, the SOL is 5 years. Furthermore, splitting a cause of action and getting a verdict will bar you from bringing the cause of action on another part of the claim; thus, it is important to bring everything at once.

Which court should I file in?

In District Court, you make sue for $15,000; however, the trial de novo provision allows you to start over in Circuit Court.

What is a plaintiffs parachute?

This is a non-suit statute that allows the plaintiff to take a voluntary non-suit before a verdict is returned. Everything can be put on hold, and the plaintiff has 6 months to reinstate the cause of action. This statute comes in handy in case a crucial witness does not show up.

Florida

How does NY address liability?

NY has vicarious liability in which the owner of the vehicle is responsible for the negligence of the individual operating the vehicle as long as the individual had the owners consent and permission.

What is New Yorks no-fault motor vehicle insurance law?

The no-fault law makes it easier for people to have their medical bills and lost earnings paid without having to prove the drivers negligence.

Is it possible to recover for pain and suffering under the no-fault law?

To be able to recover for pain and suffering, the injury sustained has to qualify as a serious injury as defined by the no-fault law. If the injuries are not deemed serious in nature, then the lawsuit will get dismissed. Types of serious injury include: death, loss of fetus, disfigurement, permanent injury, permanent consequential limitation of use.

What damages are available?

Recovery may include medical expenses, lost earnings, pain and suffering, rehabilitation costs or life planning, and wrongful death. However, NY does not permit recovery for emotional grief, however you may be able to recover for fear of your own impending death.

Is it possible to obtain insurance to protect me and my family from a negligent or uninsured driver?

Yes, generally liability coverage will insure you in case you are negligent and cause harm to another. The additional uninsured motorists coverage protects the policy holder, family, and anyone else riding in the car if one of the parties to the accident is negligent. Uninsured coverage also gives pedestrians additional benefits to collect under their own policy.