What You Need To Know: Pennsylvania Personal Injury Lawsuits

Every year, thousands of people in Pennsylvania seek medical attention for injuries they have sustained – everything from minor scrapes and sprains to broken bones, and even catastrophic injuries that lead to death. Sometimes, the injuries are the result of accidents, and there is no one to blame. But other times, the injuries are caused by someone else’s negligence. When injuries are a result of someone’s negligence, the person who is harmed may have grounds to file a personal injury lawsuit against those who caused it.

If that has happened to you or a loved one, you may not know whether you have a case or how to proceed. An experienced personal injury attorney will be able to answer all of your questions, but first, there are some things you should know about personal injury cases in Pennsylvania.

What Has To Be Proven In A Personal Injury Case?

To be entitled to compensation for a personal injury case, the state of Pennsylvania requires you to prove that the other party was negligent. To do that, you must show:

• The party that caused your injuries had a responsibility not to injure you, and they failed to live up to that responsibility
• The other party’s action (or inaction) caused your injury
• You suffered damages or a financial loss due to your injury

What Will I Be Compensated For In A Personal Injury Case?

Damages are an award, typically monetary, paid to a person as compensation for a loss or injury. If you are able to prove that the other party was negligent by showing the three elements above, then they may be required to pay you for your damages. For a personal injury case, you may be entitled to compensation for the following:

• Medical bills for treatment related to your injuries
• Disability and disfigurement caused by the injury
• Pain and suffering caused by the injury
• The repair or replacement of property damaged
• Lost wages as a result of your injury
• The expense of hiring help to do household tasks that you are no longer able to do as a result of your injury
• Emotional trauma suffered due to your injury
• Any other costs that are determined to be caused by your injury

Some states have limits on the amount of damages that a person can receive for a personal injury case. In Pennsylvania, it is constitutionally prohibited to place a limit on cases involving injury and death.

What Is The Shared Fault Rule?

Sometimes, the person or entity that you are suing for personal injury will argue that you are to blame (at least partially) for the event that caused your injuries. If you do share some of the liability, it may affect the amount of compensation that you receive.

Pennsylvania follows a modified comparative negligence rule, also called the 50 percent bar rule, which means your compensation will be reduced by your percentage of fault. However, if you are found to be more than 50 percent at fault, you cannot recover damages.

Pennsylvania Is A Choice No-Fault Car Insurance State

If your injury is the result of a car accident in Pennsylvania, it’s important to know that the state uses a choice no-fault system. When you buy auto insurance, you select limited tort or full tort coverage. With limited tort, your policy pays medical bills through personal injury protection (PIP), and you can sue for pain and suffering only if your injuries are considered serious, such as a serious impairment of a body function or a permanent disfigurement. With full tort, you can pursue all damages, including pain and suffering, regardless of the injury’s severity.

What Is Pennsylvania’s Statute Of Limitations On Personal Injury Cases?

It is important to begin your personal injury case as quickly as possible after it happens, as there is a time limit, called the statute of limitations, on how long you have to file a lawsuit.

In Pennsylvania, you generally have two years from the date of the injury to file a personal injury claim. In most cases, this period begins when the injury is discovered or reasonably should have been discovered.

What To Do Immediately After An Injury In Pennsylvania

What you do in the hours and days following an injury can make a major difference in the success of your case. Here are key steps to protect your rights:

• Seek medical attention right away, even if your injuries seem minor.
• Document the scene with photos of your injuries, the surroundings, and any property damage.
• Gather witness information and keep copies of all reports and bills.
• Avoid speaking with insurance adjusters before consulting an attorney.
• Contact a personal injury lawyer quickly to preserve evidence and ensure deadlines are met.

Delays can harm your case. Evidence can disappear, memories fade, and the statute of limitations can run out before you realize it.

Why Choosing A Local Pennsylvania Personal Injury Lawyer Matters

Personal injury law can vary not only from state to state but also between counties and courts. Working with a local Pennsylvania law firm means your attorneys understand these nuances, from procedural rules to the tendencies of local insurance companies and judges.

At Ross Feller Casey, our attorneys have extensive experience handling personal injury cases throughout Pennsylvania, including all 67 counties. We combine legal expertise with in-house medical professionals to build the strongest case possible and maximize recovery for our clients. We help victims of negligence rebuild their lives and secure the compensation they deserve.

Finding Help For Your Personal Injury Case

Personal injury cases can be complicated both legally and medically. You will need experts in personal injury law and medicine to ensure that you receive compensation for all that you are entitled to.

Ross Feller Casey can help you with your personal injury case. We have experienced attorneys who specialize in personal injury cases of every kind, and we have medical doctors on staff to assist with the medical aspects of the case. We have a proven track record of winning multimillion-dollar personal injury cases that improve our clients’ quality of life.

If you have been the victim of someone else’s negligence and have sustained injuries from it, call us today for a free evaluation of your case.

At Ross Feller Casey, all personal injury cases are handled on a contingency basis, so there is no charge to you until a financial recovery is made.