A personal injury occurs when someone is injured due to the neglect or intentional harm of another person. Filing a personal injury lawsuit has varying rules, depending on the state you live in. It is important to know these rules to ensure that you not only file on time, but that you file and meet all of the state’s requirements.
Important Elements in a Pennsylvania Personal Injury Case
The state of Pennsylvania has certain elements that must be met to be considered a personal injury case. To file a personal injury case in Pennsylvania, your case must include:
- Duty of care: The responsible individual must have had a legal duty of care at the time of the accident, to the injured party. This might include another driver or a medical provider.
- Breach of duty: The responsible individual must have breached that duty of care. This is usually done through neglect or intentional harm.
- Causation: The negligent behaviors of the responsible party must have led to and be the cause of the injuries. The injured party will need to provide evidence of the cause.
- Damages: To file a personal injury case, there must be actual damages present that can be recovered. This could include medical bills, rehabilitation costs, or any other damages.
When you work with an experienced Pennsylvania personal injury lawyer, they will build your case in a way that meets each of these important elements. They will use information like your medical records, witness statements, income records, and even photographs or video evidence from the incident.
Determining Who Is At Fault
Before you can file a personal injury case, you will need to determine who is at fault for the incident and your injuries. The state of Pennsylvania follows a shared fault with a modified comparative negligence rule. This means that even if you are partially to blame for the accident, you can still seek compensation. However, your compensation amount may be reduced by the percentage that you are deemed to be at fault.
Personal Injury Cases and Vehicle Accidents
Many personal injuries arise from vehicle accidents. Because the state of Pennsylvania is a no-fault auto insurance state, injured individuals do not seek compensation from the driver for minimal injuries or property damages. Instead, they will file an insurance claim with their insurance provider. However, if the damages are significant, then it may make sense to file a personal injury claim. Significant costs might include:
- Medical bills
- Emergency medical fees
- Lost wages and benefits
- Pain and suffering
The state requires injured individuals to meet a serious injury threshold to file a personal injury claim. If you are not sure if your damages meet this minimum, then it can be useful to discuss your case with a personal injury lawyer.
Personal Injury Statute of Limitations
The statute of limitations is the period of time in which you can file a claim and failing to do so within this time period can deem your case ineligible. In Pennsylvania, you can file a personal injury claim up to two years from the date of the injury. It is important to discuss your case with a lawyer as soon as possible so they have enough time to build your case.
Contact a Center City Personal Injury Lawyer to Discuss Your Personal Injury Case in Pennsylvania
Did you or a loved one sustain serious injuries due to a personal injury in Pennsylvania? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Marrone Law Firm, LLC represent clients injured because of a personal injury in Philadelphia, Center City, University City, and throughout Pennsylvania. Call (866) 732-6700 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 200 South Broad Street, Suite 400, Philadelphia, PA 19102.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.