A Pennsylvania personal injury lawyer can help you recover compensation when you or a loved one are injured due to negligence or reckless conduct by another party or business.
Personal injury claims can cover a variety of situations, including car and workplace accidents, debilitating catastrophic injuries, harm or illnesses caused by a nursing home, and medical malpractice. The attorneys at The Weitz Firm, LLC can answer additional questions and help build your case.
To win a personal injury claim in Pennsylvania, a plaintiff and their attorney must first prove that the defendant owed the injured party a duty of care. While this duty is relatively easy to establish in some instances, such as a doctor-patient relationship, others may be less clear, like the responsibilities of property owners to trespassers.
If a plaintiff can establish a duty of care, they must then prove that the at-fault party breached that duty. Pennsylvania courts impose a standard for evaluating whether the at-fault party failed to use reasonable care.
Further, personal injury claims require the plaintiff to show that they suffered actual damages or harm. Once established, they must show that the actions or omissions caused the damages.
Pennsylvania imposes a statute of limitations on a plaintiff’s ability to file a personal injury claim. Plaintiffs must file a lawsuit to recover damages within two years.
Additionally, a minor who is harmed as the result of negligent actions or wrongful conduct has two years from when they turn 18 to file a claim, regardless of when the incident occurred. A Pennsylvania personal injury lawyer can help determine if a claim is time-barred or subject to an exception.
While some states place a monetary cap on the amount of recoverable damages for personal injury claims, Pennsylvania generally has no cap for economic or non-economic losses.
Economic losses typically have a dollar value, such as medical expenses and lost wages or job opportunities, while non-economic losses are not quantifiable, including pain and suffering, emotional distress, disfigurement, and the loss of quality of life. State courts can also impose punitive damages to punish the defendant and deter similar misconduct if the actions rose to the level of severe recklessness or even intentional conduct.
Pennsylvania’s doctrine of modified comparative negligence can limit the amount an individual is entitled to recover if deemed to have contributed to the incident. Under 42 Pennsylvania Consolidated Statutes § 7102, plaintiffs are only allowed to recover damages when their own negligence was less than that of the defendant they seek recovery from. A Pennsylvania attorney can help you see if there might be some exceptions to this rule.
The state’s courts follow a 51 percent rule to determine if a plaintiff is entitled to recovery under the modified comparative negligence statute. In practice, a person is entirely barred from recovery if they are found to be 51 percent or more at fault.
If the plaintiff is below the 51 percent threshold, damages are reduced by the percentage of their contributory negligence. A Pennsylvania attorney can help navigate the complexities of the comparative negligence doctrine in personal injury claims.
When you or a loved one are injured or suffer harm due to suspected negligent actions or omissions by another party, especially due to medical negligence, do not hesitate to seek professional counsel. Contact a Pennsylvania personal injury lawyer as soon as possible for an introductory consultation.
A seasoned attorney can advise you about the merits of your claim and represent you in settlement negotiations or litigation. Reach out to The Weitz Firm, LLC today to learn more.
We are highly selective in the cases we undertake to ensure that can give each client his full attention. You can schedule an appointment for a personal injury consultation at our Philadelphia office by calling us, or by filling out our online intake form.
