Understanding Personal Injury Cases in Pennsylvania: A Starter’s Manual
Accidents happen out of nowhere and, in most cases, throw lives into disarray. You might feel lost about your rights and options, whether it is an injury from a car crash or something that went wrong at work or even at the doctor’s office – the last place you’d expect things to go wrong.
“Thorough documentation and timely intervention can maximize your claim value. Involving a lawyer is your best bet for having your settlement value maximized,” says personal injury lawyer Eric H. Weitz.
The prospect of going to court can also be pretty intimidating, especially when it is your first time going through the process. Even if you have been to court for a different matter, a personal injury case differs from everyday court cases.
This manual explains what you need to know in simple terms so you will feel more confident tackling the challenges ahead.
What Constitutes a Personal Injury?
So, what exactly counts as a personal injury? Well, while any pain or harm could technically be labeled as such, not every incident fits the legal definition. Personal injury involves getting hurt due to someone else’s carelessness or intentional actions.
Think about things like car accidents, workplace injuries, and medical mistakes—those all fall under this umbrella. Even slips and falls make the list! Essentially, if someone else’s actions (or lack thereof) cause you harm, that’s personal injury territory. Emotional distress also counts when it’s linked to something traumatic caused by negligence.
Negligence in Personal Injury Cases
As mentioned in the above section, negligence is at the core of a personal injury claim, and if you can not prove it, you do not have a case. It has four main elements: duty, breach, causation, and damages.
Duty of care refers to a defendant’s legal obligation to act regarding the safety of others. For example, drivers must look out for each other and other road users. This is an assumed duty of care. A breach occurs when that responsibility is broken. For example, if a driver is texting—an inherently risky behavior—when on the road, it would mean they are not paying attention, putting other road users at risk.
Then, there is causation, which occurs when someone’s actions directly cause an accident. All these elements, if not accompanied by harm, will not constitute negligence. Damages are the actual harm suffered and are quantified monetary. They include economic and non-economic damages.
Steps Involved in Filing a Personal Injury Claim
Filing a personal injury claim entails several steps, each significant for a successful claim. First, seek medical care soon following an incident. Seeking medical attention not only helps your healing but also documents your injuries and helps build a strong case.
Second, collect evidence at the incident location by documenting your incident with photos and obtaining witness statements to corroborate your testimony. Next, report your accident to your insurance company even when you are not at fault.
Many policies have clauses requiring policyholders to inform them of every accident they are involved in, and a failure to do so can result in a voiding of your coverage. Reporting early helps avert complications in the future, so report as early as you can.
Next, seek consultation with a personal injury lawyer. Legal consultation helps explain complex processes and complete requirements promptly. With a lawyer representing your case, move to file your claim formally in a court of law by submitting all documents for initiation of actions against a responsible party, its insurer, or both.
Maximizing Compensation in Personal Injury Cases
Compensatory damages in a personal injury claim include medical expenses, loss of earnings, and general pain and suffering. The severity, healing period, and impact on daily life of injuries contribute to the compensation value.
