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Trending Personal Injury Questions From FindLaw Answers

You’ve
got questions … we’ve got answers. If you have not yet asked or answered a
question in FindLaw’s Answers community, what are you waiting
for? This amazing free resource supports a dynamic community of legal consumers
and attorneys helping each other out. Simple as that.

We
see a lot of great questions in our Answers community every day. Here’s a look
at some recent questions relating to injuries, accident, and torts from our
FindLaw Answers boards:

1. I was injured in a car accident caused by a drunk driver
pulling out of a bar parking lot. I found out later the driver had been
drinking heavily at the bar for more than 4 hours before getting behind the
wheel. I’m going to sue the driver, but can I also sue the bar?

The
answer to this poster’s question depends on the state in which the accident
took place. Most states have dram shop
laws that make a drinking establishment liable for serving alcohol to an
intoxicated person who subsequently injures or kills someone while under the
influence of alcohol. These laws generally determine fault according to the
“obvious intoxication” test, which requires that the patron be visibly and
obviously intoxicated in order for the business to be held liable. Since dram
shop laws vary from state to state, it’s a good idea to consult with a local personal
injury attorney to get a free case evaluation.

2. I just found out my daughter is being bullied by several
classmates on Facebook. The things they’re posting are so mean-spirited and
cruel, and my daughter is absolutely devastated. Can I take any legal action?

As a result of growing awareness and a number of
high-profile tragedies, “cyberbullying” is now a rapidly evolving area of law.
Many states have enacted cyber harassment laws that criminalize cyberbullying.
However, as of today, the law still leaves parents to take much of the
initiative by filing civil claims against the school or the bullies’ parents. Since
so much depends on state-specific law and the details of the individual case,
the Answers Community suggested the poster consult with a personal injury
attorney or education attorney to determine the family’s best legal recourse.

3. Should I hire an attorney to handle my personal injury
claim? Or should I go ahead and file it on my own?

Even though this poster doesn’t give us many details, this
is a great question — one that comes up pretty frequently. Every case is
different, but the decision to hire a lawyer generally depends on the scope and
size of the injury.

If the injury and corresponding damages are small, plaintiffs
usually go to small claims court. Since small claims courts are designed to
settle disputes quickly and efficiently, many plaintiffs go forward with claims
without an attorney (and some states even prohibit attorney representation in
small claims court).

If the claim involves a more serious injury, the case is
likely to be significantly more complicated and involve litigation. Since the
average person could be quickly overwhelmed by unfamiliar rules and court
procedures, it’s generally a good idea to retain a personal injury lawyer to
help guide the case smoothly from beginning to end. If you find yourself in this situation,
consider getting a free case evaluation from a local personal injury attorney.

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