Accidents happen, and when they do, they can result in serious injuries and even a loss of life. But do all accidents qualify for a personal injury lawsuit? And how do you know when it makes sense to pursue one? The Ardmore personal injury lawyers are here to take a closer look at personal injury cases and what makes for a successful personal injury claim.

A Question of Liability

Personal injury cases are matters of liability. Under personal injury laws, the at-fault person or entity – the defendant – can be held liable for harm to another person – the plaintiff – and can be ordered to compensate them for their damages, or their economic and non-economic costs, 

Suppose you’ve been injured in an accident, and the incident was caused in whole or in part by another party’s negligence. In that case, that party may be found liable for your medical expenses and other damages. But to succeed in a personal injury claim, you must prove certain things.

What Does Liability Look Like in Particular Personal Injury Claims?

Personal injury encompasses many different types of accidents and situations, and the liable party is usually found at fault in those circumstances. 

For instance, if you’ve been injured in a car accident, the other driver may be liable if there is proof their negligent driving caused the accident. If you were injured in a slip and fall incident, the property owner could be liable if you can prove they hadn’t addressed dangerous hazards or warned others of these dangers and you were injured because of it. In a medical malpractice claim, liability could be established if you can prove your healthcare provider’s substandard care harmed you. 

However, Proving Fault Is Not Always Simple

While this all sounds relatively straightforward, the plaintiff (victim) has the burden of proof in a personal injury matter. In most cases, as the injured party, you must prove the defendant was negligent, reckless, or intentionally meant to harm you to be successful. And this isn’t always easy to prove. 

In Pennsylvania, there are also some cases where strict liability and not negligence is the rule of law. The defendant is strictly liable in injury cases dealing with faulty products, dog bite injuries, and dangerous activities. For instance, if you were hurt by a faulty product, you would not have to prove the manufacturer was negligent. However, you would have to prove that you were using the product correctly and were still harmed by the product in order to recover compensation for your damages. 

Is There Sufficient Evidence?

Evidence is crucial in a personal injury matter; without it, you may not have a successful claim. Do you have enough clear evidence establishing how the accident happened, how your injury occurred, and who is at fault? Consider the following:

• Did you obtain a copy of the accident report, take photos or videos of your injuries and the accident scene, or obtain witness statements supporting your side of the story? 
• Did the defendant admit they were at fault?
• Did you suffer serious injuries?
• Did you seek immediate medical attention and follow the doctor’s treatment plan?
• Do your medical records clearly link your injuries and the accident? 
• Have you documented all your damages, including medical expenses, lost wages, personal property damages, mental anguish, or pain and suffering?
• Were you partially at fault for the accident? Pennsylvania’s comparative negligence laws state that your financial recovery will be reduced by the percentage of your fault. Furthermore, if you were 51 percent at fault or more for the accident, you cannot recover damages at all in a personal injury claim. 
• Are you within the statute of limitations to file a personal injury claim? In Pennsylvania, you have two years from the date of the incident to file a personal injury lawsuit.

How Does an Ardmore Personal Injury Lawyer Decide if Your Case Is Likely To Succeed?

Unfortunately, not all cases are good candidates for a personal injury lawsuit. 

Meeting with a personal injury lawyer will allow both of you to understand your case within the context of the law and consider whether it is likely to be successful or not. This is why most Ardmore personal injury lawyers will offer to meet with a client initially free of cost to decide if their case has sound legal merit and is worth the time and effort to pursue. 

Your personal injury attorney will evaluate the potential success of your case by first listening to your story and evaluating the information you have brought with you about the incident. The attorney will decide if negligence or recklessness may have been involved, looking to establish a direct link between the accident, your injuries, and the other party’s actions. 

If the attorney agrees to take your case, they will begin by gathering critical evidence to support your claim, interviewing witnesses, consulting with industry experts like medical witnesses or accident recreation engineers, and acting on your behalf with the associated insurance companies. The attorney will also analyze other possible sources for financial compensation. 

Have You Been Injured and Feel You Have a Potential Personal Injury Case?

Getting the advice and guidance of an Ardmore personal injury lawyer allows you to understand if you have a potential case against the at-fault party and what that may involve, empowering you to make an educated decision. 

Your first consultation is usually free of charge, so you have nothing to lose. In fact, if you have a viable claim, you have everything to gain if you prevail. Many personal injury lawyers only charge based on contingency, which means they get a percentage of what they have recovered on your behalf only after the case has concluded. 

Contact Our Experienced Ardmore Personal Injury Lawyers

At Silver & Silver, we are a dedicated team of personal injury lawyers who have dedicated our practice to accident victims and their families. If you’ve suffered an injury caused by another’s negligence, we can help you seek compensation for your damages so you can get back on your feet again. Call us to schedule a no-cost consultation at (610) 638-7255 or through our contact form. Let us help you get the compensation you deserve. 

Disclosure:

This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.