Personal injury claims allow those hurt by others to seek financial compensation. By holding the party that injured them accountable, people can pay for their medical expenses and cover their lost wages.
Many people in need of compensation find the personal injury claims process overwhelming. This blog post can help provide a basic guide to the process ahead.
What are the most common types of Pennsylvania injury claims?
Every state has slightly different rules regarding what types of injuries and losses are actionable. In Pennsylvania, the law permits either insurance claims or litigation in scenarios involving negligence, professional omissions, contract breaches and intentional misconduct that cause harm.
The most common types of personal injury claims in Pennsylvania include:
- Medical malpractice
- Vehicle accidents
- Product liability claims, including defective medical devices
- Dog bite attacks
Provided that injured parties can show that a business or individual caused their losses, they may be able to seek compensation.
Does partial fault prevent recovery in Pennsylvania?
Many personal injury scenarios exist in a gray area instead of being totally black and white. Pennsylvania state statutes take this into consideration, and partial fault does not automatically eliminate the right to seek compensation.
Pennsylvania has a modified comparative negligence rule that allows injured parties to take legal action in pursuit of compensation as long as they are 50% or less at fault for the incident. The courts determine the percentage of fault, and that percentage affects the compensation awarded.
What are the steps to the typical Pennsylvania personal injury claim?
The first step typically involves consulting with a personal injury attorney. From there, the injured party and their lawyer can investigate. Gathering evidence and determining the total losses sustained, including medical bills, lost income and non-economic damages, such as pain and suffering, are critical aspects of the investigation stage.
The plaintiff’s attorney then sends a formal demand letter to the party at fault to notify them of the claim and request a specific amount of compensation. In some cases, the demand letter results in a prompt settlement.
Other times, the attorney must proceed with litigation. They file a petition with the local courts. They generally need to do so promptly, as Pennsylvania has a two-year statute of limitations for personal injury lawsuits.
The plaintiff’s lawyer can request additional evidence during the discovery process. The plaintiff may also need to release information, such as their medical records, for the other party to review. At any point during the actual legal process, the plaintiff and the defendant can settle the pending lawsuit.
The attorney representing the injured party can negotiate with the attorney representing the party at fault or their insurance company. If the matter doesn’t settle, then it goes to trial.
The guidance of a Pennsylvania personal injury lawyer can help injured people understand their rights and navigate what can be a confusing process. An attorney’s advocacy can help injured people focus on healing instead of on complicated and overwhelming legal procedures.