Personal Injury Law in Pennsylvania
If you or a loved one has been injured, sadly no one can turn back the hands of time to prevent injuries. However the Pennsylvania court system and the law do the most that can be done. They award financial compensation in an attempt to put you in the place you would have been but for the accident.
If you or your loved one has been seriously injured in a motor vehicle accident or by a product, you need the legal representation of a Pennsylvania personal injury attorney and this article was written for you.
In this article (which is based upon Pennsylvania law), we’ll tell you what you need to know to get the financial compensation you need and deserve. We’ll discuss:
- The kinds of cases that Pennsylvania personal injury lawyers handle.
- What you need to prove in a personal injury case.
- Why you should call a lawyer immediately.
- How to find a Pennsylvania personal injury attorney.
Would a Pennsylvania Personal Injury Attorney Handle My Case?
If you were injured in Pennsylvania, a Pennsylvania attorney would likely handle your type of case. If in doubt, call or email and ask. Pennsylvania PI attorneys always give free consultations with no commitment required.
Example motor vehicle cases include truck, car, motorcycle, pedestrian, bicycle, golf cart, RV, ATV, boat, cruise line, amusement park ride, construction zone, and mass accidents.
Sometimes defective products cause injuries and fires. Cars, hair dryers, power tools, medicines, vacuum cleaners, machines, appliances, kitchen tools, chemicals, equipment, etc. have all been found to be defective at times.
Example injuries include death, birth injuries, brain injuries, dog bites, adverse drug reactions, burns, scars, lacerations, bruises, broken bones, fractures, food-borne illnesses, nursing home abuse injuries, slip and falls injuries, medical malpractice injuries, Mesothelioma (i.e. cancer), and Marcellus shale injuries.
If you were injured on the job, you’re likely covered by Workers Compensation insurance and you may not need to litigate.
- However, you may still need legal representation to get your rightful benefits.
- If you were hurt by a dangerous tool, machine or chemical on the job, litigation may be appropriate.
Some Pennsylvania personal injury attorneys handle Workers Compensation and some do not. It’s okay to call or email and ask.
How Do I Prove My Pennsylvania Personal Injury Case?
Most personal injury claims in Pennsylvania are based on a theory of negligence. This means that you have to prove three things in order to be financially compensated for your injuries.
First, you need to show that the person (or company)who caused your injury had a duty to you and failed to act as a reasonable prudent person in that particular situation would act.
Second, you need to show causation, meaning that the person’s unreasonable actions or inactions caused your injury. For example, you must show that but for the person’s unreasonable actions/inactions you would not have been injured.
Third, you need to show that you suffered legal damages because of those injuries. Examples would be medical bills, lost wages, lost benefits, pain and suffering, and for family members, loss of consortium.
Why Should I Call a Personal Injury Lawyer Immediately?
- As soon as you make the call, you’ll have professionals on your side to collect evidence and give you advice. There is no extra fee for this immediate service. You only pay if you win.
- Evidence is easily lost and is better preserved as close to the time of the accident as possible. Witness memories fade and physical evidence can disappear as weather conditions change, road signage is replaced, items are moved, and skid marks fade away.
Insurance companies will pounce on you; and, regardless of what you have seen on TV, insurance companies are not your friends. They will pressure you, ask you questions while taping you, and later use your words against you.
The only communication you should have is one brief conversation with your own insurance company to report the accident. Say nothing else.
In addition, if you allow the statute of limitations to pass on your case, you will be forever barred from receiving financial compensation for your injuries.
Here are some example Pennsylvania statute of limitations for personal injury cases:
- Medical Malpractice is 2 years (42 Pa. Consol. Stat. В§5524(7)).
- Personal Injury is 2 years (42 Pa. Consol. Stat. В§5524(2)).
- Wrongful Death is 2 years (42 Pa. Consol. Stat. В§5524(2)).
- Property Damage is 2 years (42 Pa. Consol. Stat. В§5524(3)).
How Do I Find a Pennsylvania Personal Injury Attorney?
You can find a Pennsylvania PI lawyer on our site, www.attorneys.org, or by asking friends or the bar association for a referral.