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Personal injury refers to when one person is injured because of another’s fault and negligence. There are various ways in which personal injuries happen, including auto accidents, slips and falls, medical malpractice, and animal attacks. In many cases, individuals can seek compensation for damages that result from these incidents.
If you’ve been injured and feel someone else is at fault, keep reading to learn about personal injury law in Pennsylvania and whether you should consider working with a personal injury attorney.
Hiring a personal injury lawyer is your best bet to getting the compensation you need and deserve following an accident. These legal professionals are intricately familiar with Pennsylvania personal injury law and can advocate on your behalf with at-fault parties, insurance companies, and in court.
Personal injuries happen in all types of settings and situations.
The following are statistics related to different personal injury types in Pennsylvania:
Reported injuries and illnesses from private industry sector
123,400
in 2022
Transportation, education and health, and utilities industries
highest rate of injuries and illnesses
in 2022
Fatal car accidents
1,092
1,179 people dying as a result in 2022
Dog-bite claims
787
resulting in $35,520,458 in claim payouts in 2020
Personal injury attorneys don’t accept all injury cases. Common considerations when an attorney takes on a case include the injury type and severity, accident type, and damages incurred.
Common types of personal injury cases that Pennsylvania law firms take on include:
If you’re unsure whether your case is eligible for representation, consider scheduling a free consultation with LegalFinders.
Most injuries can qualify for a personal injury case in Pennsylvania if negligence and fault can be proven.
Common injuries seen in personal injury claims and lawsuits include:
The type of accident often plays a role in the injury sustained. For example, a dog bite may result in lacerations, whereas a slip and fall may cause a back or neck injury.
Personal injury cases require certain criteria to be eligible for consideration for a lawsuit in Pennsylvania.
Common eligibility requirements for these types of lawsuits include:
An attorney who specializes in personal injury can help you better understand whether your case is eligible to take to court.
There are generally two different legal options for injury victims in Pennsylvania.
Personal injury lawsuits cover every type of personal injury case except wrongful death. Filing this type of lawsuit can help you obtain a settlement for damages such as medical expenses, property damage, and lost wages.
If a family member or loved one was wrongfully killed in an accident as a result of someone else’s negligence, you’ll want to file a wrongful death lawsuit. Damages you can seek compensation for in a wrongful death suit include loss of companionship, lost future wages, and funeral and burial costs.
There are a few key factors that can impact whether you have a viable personal injury or accident case or claim in Pennsylvania.
When it comes to auto insurance and claims, states are considered either at-fault or no-fault. Pennsylvania is one of the few no-fault states. This means that, in most auto accident cases, personal injury victims will need to submit injury and accident claims through their own insurance to seek compensation.
If you were injured in another way, you will likely submit a claim or lawsuit against the negligent party. For example, if you slip and fall in a store, you’ll seek compensation through the property owner’s insurance company.
To submit a claim or file a lawsuit, you must be able to prove that the accident was both the fault of another person and resulted from their negligence.
Not all at-fault parties act negligently. For example, a driver whose car has faulty brakes may cause an accident but likely wouldn’t be considered negligent. In this case, the car’s manufacturer would be held liable for the crash.
In many cases, the more severe an accident, the more likely it is to qualify for a lawsuit and compensation. Personal injury and accident attorneys are also much more likely to take cases involving severe incidents rather than minor accidents.
Injury severity refers to the extent of your injuries as well as the level of damage incurred as a result. The more an injury impacts your quality of life and finances, the higher your chances are of obtaining compensation.
More damages, especially those that a dollar amount can be assigned to, often result in a higher settlement.
Hiring an award-winning personal injury attorney or law firm with years of experience in this field can greatly increase your chances of success with a claim or a lawsuit. The following are steps you can take to get legal help with your Pennsylvania personal injury case.
Most personal injury lawyers will provide you with a free consultation before you decide to hire them. This consultation provides an opportunity to ask questions related to your case and its viability as well as how the attorney can help you.
You can also use this consultation to inquire about the lawyer’s experience with cases like yours and their success rates.
Before you or your attorney file a claim or a lawsuit, you’ll need ample documentation proving your injury and the damages it caused.
Examples of documentation often needed in a personal injury case include:
Either you or your attorney can submit your personal injury claim with the appropriate insurance company.
In Pennsylvania, the statute of limitations for personal injury claims is two years. This means you have two years from the date of the injury to submit your claim. If you fail to submit it within this time, your claim will likely be thrown out.
In short, yes, working with a reputable Pennsylvania personal injury attorney can help you get a higher settlement in your personal injury case.
These types of cases and claims can be complicated and complex, so having an expert on your side will only increase your chances of a successful outcome. An attorney can help ensure your case is as solid as possible and stands up in court.
You don’t want to hire just any personal injury lawyer. It’s important to make sure the legal representation you choose is as experienced as they are compassionate and willing to go the extra mile for your case.
Consider the following qualities when interviewing personal injury lawyers for your case:
Dealing with an injury is hard enough without the added burden of having to find and vet a reliable personal injury lawyer in your area. Luckily, LegalFinders has already done the legwork so you don’t have to, and would be happy to connect you with an award-winning attorney suited to your unique case and needs.
Get in touch with us today for a free case consultation.
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Published: 9 April 2024
U.S. Bureau of Labor Statistics. “Mid-Atlantic Information Office.” Retrieved from: https://www.bls.gov/regions/mid-atlantic/news-release/workplaceinjuriesandillnesses_pennsylvania.htm.
Pennsylvania General Assembly. “Title 42.” Retrieved from: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=55&sctn=24&subsctn=0.
Pennsylvania Department of Transportation. “2022 Pennsylvania Crash Facts & Statistics.” Retrieved from: https://www.penndot.pa.gov/TravelInPA/Safety/Documents/2022_CFB_linked.pdf.
WTAJ. “Pennsylvania ranks 5th in dog bites across America.” Retrieved from: https://www.wtaj.com/news/regional-news/pennsylvania-ranks-5th-in-dog-bites-across-america/.
