When approaching a personal injury lawsuit in Conshohocken, it is important for victims to prepare themselves for what the process may entail. Our lawyers can explain the ins and outs of recovering compensation so that you know what to expect.
After an accident in Conshohocken, you might have to report it to the police. This is required for auto accidents that result in injury, but may be necessary for other serious incidents as well. Once you do this, our attorneys can begin investigating the accident. In doing so, we may interview eyewitnesses, obtain surveillance footage, and organize your damages to prepare your claim, which must be filed within two years of the accident in Pennsylvania. After you file, we can help you take your case to court where we will aim to prove the elements of fault necessary in personal injury claims. Once the defendant’s negligence is proven, you can claim damages for any economic and non-economic losses.
To get help with your case from our Philadelphia personal injury lawyers, call The Reiff Law Firm now at (215) 709-6940.
What to Know About Filing a Personal Injury Lawsuit in Conshohocken
While there are many aspects of personal injury lawsuits that victims suing for compensation should be aware of, there are a few that top the lost. First, you might have some reporting requirements for your accident, depending on its type. Furthermore, we can use certain evidence-collection tactics to ensure you have a strong case prepared when it is filed. After you file your lawsuit, the task of proving fault and recovering compensation truly begins.
Accident Reporting Requirements
In Conshohocken, certain auto accidents, like those that lead to injury or death, must be reported to the police, according to 75 Pa.C.S. § 3746(a). You can also call law enforcement to the scene of an accident if you were badly hurt at work or on someone else’s property. Even though you might not be legally required to report incidents that are not motor vehicle accidents, doing so may be wise. On top of reporting the accident to law enforcement and the negligent party, you should go to the hospital. Again, while this is not a legal requirement for injury victims, it is often necessary for the success of a case.
Investigating Accidents
After taking on your case in Conshohocken, our personal injury lawyers will begin an investigation into the accident and its cause. In doing so, we may uncover evidence of negligence, such as eyewitness statements, surveillance footage, and more. Investigations into accidents might allow our lawyers to identify additional parties who might have contributed to your injuries, such as negligent product manufacturers. It is best to begin this investigation as soon as possible, as evidence might become less easily available the longer you wait.
Filing Deadlines and Exceptions
For most personal injury claims in Conshohocken, the filing deadline is two years, according to 42 Pa.C.S. § 5524. That said, not all injuries are immediately apparent to victims. Depending on the circumstances of the incident in question, victims might not notice certain injuries until days or weeks after an accident takes place. Because of this, certain victims might receive tolling for delayed discovery. This essentially pushes back the accrual date of the statute of limitations to the day the victim discovered their injuries. If this exception applies to your case, you will have two years from the date of accrual to sue for injury in Conshohocken.
Going to Trial
Generally speaking, victims stand to claim greater damages by going to court rather than settling. Depending on who the defendant is in your personal injury lawsuit, they might try to push you to settle out of court. This might leave you without proper compensation for your economic and non-economic damages. When lawsuits go to trial, victims have the opportunity to present their evidence in front of a jury. The jury can then determine fault and award damages to the victim. Settling out of court might require you to make concessions, especially regarding recovery of non-economic damages, which is often not an option for injury victims.
Elements of Fault
There are four elements of fault that must be present in all personal injury claims in Conshohocken. The first is duty of care. You must establish that the defendant owed you a duty of care at the time of the accident. Duties of care vary and depend on the relationship between involved parties. Second, we must show that the defendant breached the duty of care they owed you by engaging in negligent activity. Next, we have to prove that the breach of duty caused the injuries you sustained and the damages you incurred. After we have established all four of these elements, we will have successfully met the standard of proof in your civil case. Proving that only the defendant caused your injuries and that you did not contribute to the accident will be important because of Pennsylvania’s comparative negligence laws. Victims found to have contributed to their injuries might see their compensatory damages reduced in Conshohocken.
Claiming Your Damages
Once your lawsuit concludes, you may be awarded compensation for your damages. Such compensation should cover all economic losses related to the accident, such as medical bills and lost wages. Generally speaking, all out-of-pocket expenses are compensable in personal injury claims in Conshohocken. After proving that you incurred non-economic damages as a result of the defendant’s negligence, you may be awarded compensation for pain and suffering. Non-economic damages are generally not capped in personal injury lawsuits in Pennsylvania.
Based on the specifics of your case and the negligent party’s financial ability, you might receive your compensation via one lump sum payment or through structured payments. Punitive damages might also be available, depending on whether or not gross negligence was present in your claim.
Call Our Lawyers to Talk About Your Pennsylvania Injury Case Today
Call The Reiff Law Firm’s personal injury lawyers at (215) 709-6940 to get a free case assessment today.
