When you or a loved one are injured due to negligence or reckless conduct by another person or business entity, seek professional assistance. A Chester County personal injury lawyer can help you file a claim to receive compensation.
You may have a valid personal injury claim if you were injured in a car crash, slip-and-fall accident, or workplace incident. Personal injury claims also cover harm from defective products, medical malpractice, and other situations. Contact our team today to learn more.
Personal Injury Claims Have a Two-Year Limit
Chester County requires that a plaintiff file a personal injury lawsuit within two years of an incident. While winning a personal injury claim filed outside the two-year statute of limitations is difficult, some exceptions exist. Plaintiffs will not be penalized if harm is not identified immediately, and courts usually hold that the statute of limitations does not toll until an injury should have reasonably been discovered.
In addition, state law provides an exception for minors under 42 Pennsylvania Consolidated Statutes § 5533. If an underage person is injured due to negligence or wrongful conduct, they will have two years from the day they turn 18 to file a claim, even if the wrongful action or negligence occurred much earlier.
Chester County personal injury lawyers can explore potential exceptions if the period for a personal injury claim falls outside the two-year time limit. Our team is here to serve our clients and their families, so do not hesitate to reach out.
A Defendant Must Have Breached a Duty of Care
To succeed in a personal injury claim in Chester County, the plaintiff must establish that the allegedly at-fault individual or business owed the injured party a duty of care. For example, a property owner is generally responsible for warning visitors about potential hazards on their premises.
A legal professional can help a client recover compensation in personal injury cases where the duty of care is unclear, such as those where a trespasser is injured due to neglect by a property owner. With this, the injured party must convince the court that the at-fault party breached their duty of care. The plaintiff must also show they have suffered damages or harm that resulted from the alleged negligence or misconduct.
Comparative Negligence Can Limit Recovery of Damages
Damages can include recovery of economic and non-economic losses suffered by the plaintiff. Similarly, courts can impose punitive damages intended to punish a wrongdoer and deter similar misconduct in the future.
There is typically no cap on damages except for a few limited situations. For example, caps can apply in cases where the plaintiff is pursuing a claim against the Commonwealth, local governments, or their agencies.
A Chester County attorney can determine if the plaintiff’s recovery of damages is limited by the state’s modified comparative negligence doctrine. This can occur when the court finds the plaintiff was also negligent in the incident that led to injury or harm.
Under the modified comparative negligence statute, 42 Pa. C.S. § 7102, plaintiffs can only recover damages if their own negligence leading to the injury did not exceed the defendant’s. Chester County follows the 51 percent rule, meaning the court will completely bar recovery of damages if it concludes the plaintiff’s contributory negligence was 51 percent or higher.
Call a Personal Injury Attorney in Chester County as Soon as Possible
You should contact a Chester County personal injury lawyer immediately for a consultation when you or a loved one were harmed due to the actions of another person or business. Our legal professionals can advise you about the merits of your claims and the next steps in the litigation process. Call today to learn more.
