Get Your Questions Answered Today By Burlington, IA Injury Attorney Nicholas Pothitakis

After an injury or accident, you probably have a number of general questions about who was at fault, whether you are owed compensation, and whether you need an attorney to assist you with your claim. Below, we've answered some of the most common questions that we hear at our law firm.
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  • What is power of attorney?

    signing power of attorney document

    A power of attorney is a legal document that gives a designated person the authority to make personal, business, legal, and medical decisions on your behalf if you become unable to do so.  It's advisable to have both medical and financial powers of attorney.  If you become unable to make decisions for yourself and you don't have to go to court to establish the right to make those decisions in your stead. 

    A medical power of attorney allows someone to make medical decisions for you should you become physically or mentally incapacitated.  This person is bound to follow your treatment and end-of-life wishes.  It is important to create a living will to outline such wishes.  

    A financial power of attorney designates an individual who will take care of financial decision-making on your behalf.  When you draft the document with your attorney, you can give your power of attorney broad power or limited power.  The duties of a financial power of attorney end at the designator's death.  If you wish an individual to take care of your estate finances, you must also name him or her as executor in your will.  

    For more information on power of attorney, consult with a family law attorney.

  • How much does it cost for the initial consultation about my case?

    Nothing. The first time we discuss your case will be free.

  • Do I need to hire a personal injury attorney?

    There are various ways that Personal Injury may result. Personal Injury may be caused by defective or dangerous consumer goods, motor vehicle accidents, slips and falls or even animal attacks. Personal Injury attorneys are experienced with recognizing the strengths and weaknesses of your case. They know before you pursue legal action if you have a potential case and what would be needed to make it stronger. Personal Injury attorneys work with experts in various areas that assist with intelligently investigating the technical and medical aspects of your case as well as investigators to complete all the details. Competent Personal Injury attorneys make certain all investigations in your case are completed to ensure everything is done precisely and correctly. If there is any possibility that you or a loved one was involved in a Personal Injury accident, it is imperative to contact a reliable Personal Injury attorney as soon as possible to guarantee all possible supporting evidence is acquired quickly.

    If you would like to schedule a initial consultation contact an Iowa auto / car accident attorney, representing clients in Burlington, Iowa at the Pothitakis Law Firm, P.C.. Give us a call at (888) 472-1778 or complete our inquiry form.

  • How do I know if I have a case if I have been injured by a dangerous or defective product?

    If you have been injured when using a product was in a defective or dangerous condition when you purchased it, you may be able to recover damages from the manufacturer or seller in a products-liability-based Personal Injury suit. The law on this is based on the responsibility of a manufacturer or other provider of goods to ensure they are providing safe products for the consumer. They will compensate users of the goods for injuries caused by defective or dangerous products if it is proven that placed them into the buyer's hands, making them accountable. Injured persons can be advised by competent Personal Injury lawyers that will know whether they may have a claim against a product manufacturer or seller and may assist them in recovery of the damages to which they are legally entitled.

    The "Product Liability" law governs the liability of the manufacturer (or other provider) for products that injure anyone that uses them. This includes both manufacturers and dealers, as they are the ones that are in the best position to ensure the safety of their products. Any product produced and sold that has been determined to be dangerous leads these to be held accountable for consequential injuries. In order to find if it is the manufacturer or dealer that is responsible for an injury, it is best to consult a knowledgeable, experienced Personal Injury lawyer. It is the Personal Injury lawyer that should advise anyone on whether or not a claim against a product provider should be filed as they have the experience and ability to assist clients in obtaining settlements to recover the compensation to which they are legally entitled.

  • What do I need to do to prove that I have been injured by a dangerous or defective product?

    Simply claiming a product was defective in design or production is not adequate for a product liability action. It has to be proven by the plaintiff that the manufacturer was at fault and the product caused the injuries. This includes that the product was used as intended by the manufacturer or the manufacturer should have been able to predict that the product could be "misused" and a warning should have been established in the literature or packaging of the product. The product's possible dangers are the manufacturer's responsibility. It is the plaintiff's responsibility to prove the product was the cause of the injuries with credible evidence. Design defects are much more difficult to prove. It often requires expert testimony and proof that the entire product line is subject to having the same defect, causing unreasonable hazards. Showing that the product was the single cause of the injuries may be complicated. If more than one cause is possible, it must be proven that the product defect was the main reason for the injuries.

  • How do I know if I need a lawyer after a slip and fall injury?

    Injuries incurred on other's property may be the legal responsibility of the owners or occupiers of the property. Depending on the rules and principles in the jurisdiction where the injury occurred, liability for damages including lost wages and medical bills, as well as pain and suffering may be recovered. A competent Personal Injury lawyer knows the Premises Liability Laws and will able to determine if damages due to an injury caused by a slip or fall may be sought. Common causes of slips and falls include ice and snow, spilled liquid, uneven stairs and broken steps. Slips and falls are usually complex. There are several legal issues and complications that need to be addressed. Personal Injury attorneys with premises liability experience are best qualified to advise you on your rights and the possibility to obtain positive outcomes in slip and fall cases. 

     

  • Do slip and fall laws vary from state to state?

    Licensees need to be warned of hidden dangerous areas, and the owner may not necessarily need to have these areas fixed. Trespassers may recover damages if they may prove the owner knew others would enter his or her property without permission. Even though proper warning signs need not to be placed in the case of trespassers, it is still wise to do so in case children wander onto your property. Children that are injured on your property are more likely to recover damages, even if they are trespassers. This fact increases the property owners duty to warn in the case of children.

    The condition of the property and activities of the owners, visitors and licensees are given consideration in some states. Reasonable care must be given to any visitor or licensees, but not to trespassers. Owners must continually inspect property and repair or place warnings on any dangerous conditions. The injured party must show neglect to the standard of reasonable upkeep by the owner to prove a premises liability case and prove the owner had knowledge of the danger. The injured party must also show that they took reasonable care for their own safety. It is very difficult to prove owners knew of dangers and that injured parties took reasonable care to avoid the danger.

     

  • What is a slip and fall injury?

    When someone slips on a foreign substance or due to a dangerous condition, and injures themselves when falling, they have a slip and fall Personal Injury case. Common causes of these are icy sidewalks, often in front of a business, or grocery store slips on various food items that have fallen on the floor. Owners of the property may or may not be liable for the damages due to these injuries. Even though they have a duty to maintain the property and exercise reasonable care to protect their consumers and other visitors, conditions of the property should be easily perceptible, as the injured parties have a responsibility to protect themselves against injuries.

    The owners or possessors of the property may also avoid liability by showing that the danger had occurred without reasonable opportunity for the owner or possessor to clean up or fix the condition before the injuries occurred. This time frame may vary in each individual case, and it is the injured party that has to establish that the owner or possessor of the property had a reasonable period of time in which to find out about the danger and to place a warning about it or fix the problem.

  • How do I know if I need an attorney after an animal bite or attack?

    In any case of animal attack, a Personal Injury attorney is best suited to examine the details in order determine the possibilities of filing a lawsuit to obtain damages from injuries incurred. The laws in each state vary slightly and Personal Injury attorneys experienced in animal attacks understand the intricacies that will determine what is needed to prove negligence.

     

  • Are there laws to protect me if I have been bitten or injured by an animal other than a dog?

    It is not only dogs that are involved in animal attacks, other animals, such as cats, birds and others, may also attack, causing injuries in which a pet owner may be liable. In addition, there are undomesticated animals, such as reptiles and large cats that can attack, causing liability for their owners. Animal attacks bring injuries ranging from scratches to severe disfigurement as well as the possibility of rabies and other infections. Victims, particularly children, may have severe psychological damage shown in an increased fear of the animal or the situation where the attack happened. Laws regarding animal attacks differ in various areas and states. Personal Injury Attorneys experienced in animal attacks provide accurate advice for individual situations.