Blue Bell Personal Injury Lawyer Helping Clients Hurt Due to Someone Else’s Negligence
Serving Philadelphia, Chester, Lehigh, Montgomery, Delaware And Bucks Counties
When you are simply going about your day and suddenly find yourself injured after being in an accident that could have been prevented if another individual or a business had not acted with negligence, it can be rather stressful and upsetting. An accident can put a significant strain on your physical, emotional, and financial well-being. Learn what your rights are as a personal injury victim and how a personal injury attorney may be able to help you receive compensation for your accident.
What Counts as a Personal Injury in Pennsylvania?
In Pennsylvania and many other states, an individual is said to have suffered a personal injury when he or she gets physically hurt as a result of an accident, and the main cause of the accident can be directly linked to another party’s negligent or reckless actions. The other party breached its duty of care toward the victim and either created or failed to address an unsafe situation that led the victim to get injured. As a result of the injury, the victim has suffered quantifiable losses (called damages) and may also have suffered emotional trauma.
For example, the most common type of personal injury claim is a slip-and-fall accident. If a victim was at a retail store and tripped on a sidewalk that had cracks or uneven concrete and hurt themselves, the accident could be considered a personal injury claim if the business responsible for maintaining that sidewalk knew (or should have known) about the problem, and either taken steps to remedy it or posted clear warnings about the defective sidewalk to the public – and yet they did not take any action.
Personal injury cases seek to compensate the victim for the significant losses he or she may have sustained, so cases in which the victim’s injury and verifiable losses were minimal or non-existent may likely not hold up in court. The more serious the injuries and losses, the better your chances may be of reaching a significant settlement.
What Kind of Negligence Law Does Pennsylvania Follow?
The state of Pennsylvania follows a version of the comparative negligence rule. This rule enables personal injury victims to seek compensation for their damages as long as they are determined to be less than 51% at fault for their injuries. In addition, the victim can expect to have their compensation reduced in proportion to their percentage of fault, but if they are 51% at fault or more, the victim will not be able to receive any type of compensation.
This is important because you may still receive compensation even if you were partially at fault for the accident, up to a certain extent. For example, if it is determined that you were 30% responsible for your injuries, you may still receive a settlement minus 30%. It is worth noting that insurance companies will usually try to take advantage of this rule by looking for any type of evidence that could increase your percentage of responsibility, thus decreasing the amount they will have to pay you or enabling them to deny your claim altogether. If you believe you are partially at fault for your injuries, be very careful with what you choose to say to the other party’s insurance company, as it could be taken out of context and used against you as an admission of fault. Personal injury attorneys are very familiar with the kind of tactics used by insurance companies, and it is recommended to hire a personal injury lawyer to protect your rights to receive compensation.
What Is the Deadline for Filing a Personal Injury Claim in Pennsylvania?
Pennsylvania laws allow up to two years for personal injury victims to initiate a lawsuit, counting from the date when the accident and injury occurred. It is important to observe this deadline, as lawsuits filed after the deadline (referred to as the statute of limitations) have expired and more than two years have passed are likely to be dismissed. If your lawsuit involves a government entity, you may have an even tighter deadline to take action, as certain local or state government entities may allow you as little as six months to take action and file a notice of intent to sue.
It is worth noting that, in most personal injury cases, waiting until the last minute to initiate a claim or a civil lawsuit may not work in your favor. While two years may seem like a long time, the longer you wait, the more difficult it might be to gather the strong evidence necessary to support your case. Taking action as soon as possible may also increase your chances of securing maximum compensation by allowing your attorney enough time to build a strong case on your behalf.
How Much Is My Personal Injury Case Worth?
Many of the personal injury clients that come to our firm are concerned about how much money they may be entitled to receive for their personal injury cases, especially due to the fact their injuries often mean they are unable to work and earn their regular wages. In general terms, victims that sustained serious physical injuries and significant economic losses as a result of their accident may seek larger settlements than those with minor injuries and damages. The more serious the injuries and the more significant the damages, the higher the case value is likely to be.
The final value of a personal injury claim is often a combination of both economic and non-economic damages. Economic damages, as the name implies, are the tangible financial losses a personal injury victim suffered as a result of their accident. Those usually include medical bills, lost wages, and the cost of repairing or replacing damaged property. On the other hand, non-economic damages are meant to account for the emotional impact an accident and subsequent injury can have on the victim and his or her quality of life. Pain, suffering, emotional anguish, and psychological distress are examples of non-economic damages.
While you may find countless online “personal injury calculator” tools that promise to tell you how much your case is worth if you simply answer a few questions, it goes without saying that those tools are often inaccurate. It is common for these calculators to either overestimate how much money you can receive or give you a dollar amount for your case that is much lower than it should be. Speaking to a personal injury attorney about the specific circumstances of your case is the safest way to obtain a more accurate estimate of your case value.
Why Should I Work With a Personal Injury Law Attorney?
Being injured because someone else did not do what was needed to keep others safe is a stressful situation, especially if you are unable to work due to your injuries. Add to that the pressure of dealing with insurance calls, endless forms, and trying to figure out what you should do next to receive compensation proves to be an overwhelming task for most people. Besides, it is a well-known fact that insurance companies would rather protect their profits than give out large lump sums to personal injury claimants and may go to great lengths to achieve that.
A personal injury lawyer can not only help his or her clients navigate around the insurance companies’ usual tactics but can also relieve clients from the pressure of dealing with paperwork and answering phone calls. Your attorney can take over every aspect of your case on your behalf, allowing you to shift your focus to healing and getting back on your feet. In addition, you can leverage your attorney’s knowledge and experience to maximize your chances of receiving the compensation you deserve.
While you have the right to self-representation in a personal injury case, choosing to forego the step of hiring an attorney can be risky and cost you time and even money in the long run. At the Pile Law Firm, PLLC, Attorney E. Nego Pile helps personal injury clients in Blue Bell, PA, and surrounding areas to fight back and secure maximum compensation after an injury caused by someone else’s negligence. If you would like to talk about your situation and get answers to your questions about personal injury or are ready to begin your case, please contact Pile Law Firm, PLLC, by calling 610-718-6368 and requesting a free case evaluation to learn more.