Accidents happen every day in Pennsylvania. While some of these are unavoidable, others are caused by the careless actions of others. These accidents can leave innocent victims with serious injuries and overwhelming financial hardship. This causes them to have to file a personal injury case. 

What is the Purpose of a Personal Injury Claim?

Personal injury law protects individuals who have been harmed by another party’s negligence and enables them to hold the negligent parties liable for the harm they’ve caused. 

In a successful personal injury case, the at-fault party will be ordered to compensate the victim for their losses through a financial award. But personal injury claims require proof of negligence in order to hold the at-fault party accountable and can be complicated. This is why many people rely on the expertise of a personal injury attorney to ensure that they are getting the compensation they truly deserve.

What Types of Accidents Are Covered Under Personal Injury Law?

Many different types of accidents are covered under personal injury law. These personal injury cases include:

• Car and motorcycle accidents – Thousands of people in Pennsylvania are critically injured or lose their lives each year in motor vehicle accidents. These accidents can result in damages that quickly exceed the state’s minimum insurance requirements. Personal injury attorneys understand the insurance industry and know how to negotiate the best possible compensation for their clients. 
• Commercial truck accidents – Some of our highway’s most fatal accidents are caused by large commercial vehicles. But because these accident claims often involve Federal Motor Carrier Safety Administration regulations and can be complex, it can be difficult for injured victims to navigate them and get fairly compensated without legal assistance. 
• SEPTA accidents – Because SEPTA is not a private organization, but is run by the Commonwealth of Pennsylvania, there are specific actions that must be taken and timelines met with regard to accident claims. There are also particular rules that can make it more difficult for injured passengers to receive compensation. This is when having legal representation can be crucial. 
• Bicycle accidents – Due to their lack of protection, bicyclists often suffer serious injuries in accidents on our roads. An injured bicyclist is covered under full tort insurance coverage, regardless of whether the insured party has this type of coverage. Some bicyclists may be unaware of this and the insurance companies are not always forthcoming.
• Slip and fall or property liability accidents – Property owners are required by law to keep their property safe for people who use it. If a lack of proper maintenance or a hazardous situation results in an injury, the injured party may have the right to bring a property liability claim against the owner. But these claims are complicated and subject to different rules if the fall occurred on public or municipal property. Without legal representation, victims may find it difficult to get adequately compensated for a slip and fall injury. 
• Product liability/defective products – Defective products that make their way into the marketplace can cause serious harm. A product can be defective in the way it was designed, the way it was manufactured, or the way it was marketed. Consequently, there may be multiple points of liability in a defective product lawsuit, which can make them particularly complex. 
• Construction accidents – Construction sites are dangerous places, and the industry suffers more fatal injuries than any other. While workers’ compensation may be available, it limits a worker’s ability to file a lawsuit against their employer if negligence was involved. A lawsuit can be filed against third parties if they were at fault for the accident. 
• Animal attacks and dog bites – Any dog is capable of biting given the right set of circumstances. Children are the most common victims of dog bites and are more likely to be seriously injured. Despite Pennsylvania’s “first bite” policy, a dog owner can still be held liable for damages depending on the severity of the injury.
• Medical malpractice and birth injuries – Patients must rely on doctors, medical caregivers, and staff for their health and well-being. These caregivers are held to a very high standard of care. Despite this, medical negligence remains a leading cause of death in the United States. When someone suffers an injury or fatality at the hands of a doctor or other medical provider, it is critical for the victim or family to get experienced legal assistance. 
• Nursing home neglect and abuse – Families entrust their loved ones to the care of nursing homes or other care institutions and expect them to be treated with professionalism and dignity. That isn’t always the case, and many residents of these institutions are unable to speak up or advocate for themselves. It is important to get skilled legal representation even if neglect or abuse is only suspected.

How Do Personal Injury Cases Work?

When someone has been harmed in an accident, the injured party (plaintiff) can file a personal injury claim against the at-fault party (defendant) to be compensated for their losses (damages). 

Every accident is different, but a personal injury case follows a standard course of action. First, negligence needs to be established. To prove negligence, each specific element must be proven:

• That the defendant had a legal duty of care – In a personal injury case, there has to be a duty of care between a plaintiff and a defendant. In a car accident, that duty of care is for the defendant to drive in a safe manner at all times. In slip and fall, that duty of care is for a property owner to keep their property safe for anyone who lawfully uses that property.
• That the duty of care was breached – The defendant did not exercise their duty of care.
• That the breach caused harm to the plaintiff 
• That the harm caused resulted in damages (financial consequences) to the plaintiff

If each element of negligence has been proven, the defendant can be held liable for the plaintiff’s damages.

The defendant (or their associated insurance company) may agree to settle for the entire amount of damages, or they can come back with a different settlement offer. Both parties will attempt to negotiate a fair settlement, but what is fair to one party may not be fair to the other. If the plaintiff doesn’t agree to the settlement or no settlement offer was made, they and their attorney can proceed to take the defendant to court.

What are the Damages That Can Be Recovered in a Personal Injury Claim?

Damages in a personal injury case are monetary awards that the injured party can recover as compensation for the harm that was done to them. Although the specific damages will differ depending on the accident and the extent of the injuries, damages fall into three categories.

• Economic or compensatory damages are the quantifiable expenses that result from the accident and sustained injuries. These will include any medical costs, including doctor’s fees, surgical costs, hospitalizations, emergency transportation, physical therapy, specialized medical equipment, and other costs directly associated with the care of the injuries. Other economic damages can include lost wages, future medical care, lost earning capacity, and reimbursement for property damage.
• Noneconomic damages are not as easily quantifiable but may be more important. These damages are meant to compensate an injured party for the physical and emotional damage they have suffered as a result of the accident. Noneconomic damages can include physical pain, emotional distress, depression and anxiety created by the accident, loss of enjoyment of life, or permanent disfigurement. 
• Punitive damages aren’t tied to any specific costs or injuries but can be awarded to punish the defendant for their egregious acts. 

How Does Insurance Factor into a Personal Injury Claim?

Insurance is designed to protect individuals in times of emergency. In the case of a personal injury claim, insurance is usually the first source of compensation for the victim. The insurance company will typically offer the victim a financial settlement for their damages, depending on the limits of the insurance, the extent of the injuries, and who was at fault.

But insurance protection has its limits. The at-fault party may not have had sufficient insurance coverage to compensate the injured party for all their damages. And the insurance company, as a profitable business looking out for its own interests, may not offer the most comprehensive settlement. A fair insurance settlement can require significant and knowledgeable negotiation.

What Are the Benefits of Hiring an Experienced Personal Injury Attorney?

A personal injury attorney understands how to properly support a claim and negotiate the best possible settlement for their client. If this doesn’t happen, the attorney can then pursue the matter in court. 

An experienced personal injury attorney will:

• Thoroughly investigate the accident and gather critical evidence
• Represent the injured party and advocate for them with providers and the associated insurance company.
• File claims and generate other required paperwork
• Negotiate a fair settlement with the insurance company
• Pursue a personal injury lawsuit if settlement negotiations aren’t fruitful

A skilled personal injury attorney can offer peace of mind so the injured party can focus on their recovery. 

Without Serious Legal Representation, You May Be Taking Chances with Your Compensation

At Silver & Silver, our skilled team of Pennsylvania personal injury attorneys has represented families for over 40 years, ensuring that they get the compensation they truly deserve. If you have been injured because of someone’s negligence, it can have a serious physical and financial impact on your life. Let us help you with your personal injury case. Call us at (610) 638-7255 or schedule a free consultation through our website contact form. You pay nothing unless we recover compensation on your behalf. 

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.