You may be entitled to compensation for personal injury if you have received physical and/or emotional harm due to someone else's negligence. Injuries may be mild or severe enough to cause death, and may include medical and hospital bills, destroyed property, lost wages, disfigurement, and loss of life’s pleasures. The most common causes are crashes involving motor vehicles, medical and hospital malpractice, dog attacks, slips and falls, nursing home abuse, and sexual abuse. There are also many serious claims involving pharmaceuticals and medical devices.
Pennsylvania personal injury law is complex, and there are time limits for filing, so it is important to understand how the process works and to find the right attorney to make sure your case is handled promptly and properly. Some cases may even be filed in federal court.
Here are some steps to take to pursue a personal injury claim in Pennsylvania:
Gather evidence and contact the authorities: Memories fade quickly and evidence disappears, so immediately take pictures of the accident scene and your injuries. Get names and phone numbers of any witnesses, and make sure the police are called.
Get immediate medical attention.
Contact an attorney: Do so before you talk to an insurance company, as insurance adjustors will try to get you to accept the smallest settlement and use what you say against you. An experienced personal injury attorney will deal with the insurance companies, help to get you the best medical care, and advise you how to maximize your settlement. We offer a free initial consultation and taking advantage of this helps you determine whether you feel comfortable with the attorney and whether the office and services provided will be right for you.
Understand the basics of Pennsylvania personal injury law:
What Does Compensation Cover? -- In Pennsylvania, you can receive compensation for economic damages (such as medical and hospital care, physical or occupational therapy, necessary equipment and rehabilitation costs, lost income, future lost income, and property damage) and non-economic damages (such as pain and suffering and the loss of life’s pleasures before death). In rare circumstances in which the defendant’s conduct is intentional or reckless, you may also be awarded punitive damages, used to deter others from engaging in similar conduct.
- How is Fault Determined? -- To win a personal injury claim in Pennsylvania, you must be able to prove another party was at fault and negligent and that you suffered damages, or a financial loss, as a result. Pennsylvania has a “modified comparative negligence rule” that reduces compensation by an amount equal to your percentage of fault. You will not collect damages if you are more than 50 percent at fault.
- Are There Time Limits? -- In Pennsylvania, there is a statute of limitations of two years from the date of an injury to file a lawsuit in the state’s civil court system, and if you do not file by this date, you will lose the right to get compensation. However, it is also very important to appreciate that Pennsylvania tolls (stops) the running of the statute of limitations under certain circumstances. The law is very careful about this. In medical malpractice cases, there is also a statute of repose. Pennsylvania has a Minor’s Tolling Act. All of this is serious stuff, and you need to have counsel to evaluate it.
- Are There Caps on Injury Damages? -- Pennsylvania’s constitution prohibits the limitation of damages in cases involving injury and death, unless the defendant is a local or state government entity, such as a school district. Pennsylvania’s law governing actions against the government are quite restrictive, although there are certain circumstances in which a civil rights claim may be brought where there are personal injuries. These are very unusual cases.
Do your part to help your case:
- Get recommended treatment, take diagnostic tests like X-rays and MRIs. Follow doctors' orders for rehabilitation and therapy.
- Document and hold on to information related to your case. Keep a timeline with notes documenting your medical treatment and progress, and maintain a folder to save all your bills, insurance statements and receipts, police reports, etc. Keep documenting your injury with photographs or videos and provide all information to your attorney.
How does my attorney get paid?
Typically, in personal injury cases, the attorney receives a contingency fee agreement. Attorneys often lay out the costs for filing the case and do not get paid until a settlement is reached, when they get a percentage of the settlement funds.
If you are seriously injured, need surgery, have large medical bills, miss a great deal of time from work, or are unable to work again, your personal injury case is worth more money, and an experienced personal injury attorney will help you get the best settlement possible.