Victims hurt because of another person’s negligence can typically sue for personal injury in Phoenixville and recover compensation for their damages.
There are many reasons why a person might file a case for personal injury in Phoenixville, such as being hurt in a bicycle accident or a slip and fall incident on another person’s property. If a negligent driver hurt you, the type of auto insurance you have might impact your ability to recover certain damages in a lawsuit. In most instances, personal injury suits must be filed within two years of an accident in Phoenixville. Available evidence varies, depending on the circumstances, but often includes witness statements and a victim’s medical records. Settling a claim can cause victims to make unnecessary concessions that going to trial might not require. Compensation is limited in some cases, such as in claims against the government, but in most personal injury claims, victims can recover compensation for all damages they have incurred.
To get help with your case from our Phoenixville, PA personal injury lawyers, call The Reiff Law Firm now at (215) 607-8085.
What to Know About Personal Injury Claims in Phoenixville, PA
If you plan on suing the person who caused you injury in Phoenixville, there are several things you should understand about the process of bringing a personal injury claim and what it entails. These include the most common reasons for claims, whether or not the serious injury threshold applies to your case, the filing deadline for your lawsuit, and the burden of proof in your case, among other things.
Reasons for Claims
Personal injury is a legal term that refers to any instance where one person’s negligent or intentionally wrongful act leads to the physical injuries and subsequent damages of another. Because of this, personal injury claims can be broad and far-reaching, including instances of auto accidents and defective product accidents. Our personal injury lawyers can help you understand whether or not your claim meets the criteria to sue so that you know if you have a case or not. Typically, if someone acted negligently and breached the duty of care they owed to you, causing you damages, you can file an injury claim in Phoenixville.
Common reasons for personal injury claims include car accidents, slip and falls, defective product accidents, medical malpractice, construction injuries, and more. After an accident, our lawyers can help you determine fault for your injuries so that you know who to hold accountable. We will also review the facts of your case to determine whether or not you should file a compensation claim in Phoenixville.
Serious Injury Threshold
Because personal injury includes auto accident claims, the serious injury threshold could come into play for some victims in Phoenixville. Suppose you have limited tort insurance for your car. In that case, you can only sue the person who harmed you for non-economic damages if your injuries surpass the serious injury threshold. Common injuries that typically qualify victims to sue for pain and suffering include traumatic brain injuries and paralysis. The full list of injuries that permit victims with limited tort insurance to sue for pain and suffering is laid out in 75 Pa.C.S. § 1702. The threshold for serious injury impacts many victims hurt in auto accidents in Phoenixville, including bicyclists, pedestrians, and passengers. If you have full tort insurance, you can sue for economic and non-economic damages, regardless of the severity of your injuries.
If you have to establish that your injuries meet the definition of serious injury in Phoenixville, we will use medical evidence. If this is necessary in your case, going to the hospital immediately after an accident might be even more crucial.
Filing Deadline
Most personal injury claims are held to the same filing deadline in Phoenixville unless a victim qualifies for an exception. Generally, the deadline to bring a case for injury is two years from the date of the incident. While you do have that long to sue, waiting to file can make your claim appear invalid. Furthermore, some evidence might become more difficult to obtain as time passes. There is a tolling to the statute of limitations in cases where victims are minors. The minor victim has two years from the date they reach majority age to pursue compensation, or when they turn 20 years old. Furthermore, tolling for delayed discovery might be granted to your case if you were unaware of your injuries for some time after an accident or negligent act in Phoenixville. In general, it is best for victims to assume that they only have two years from the date of the accident to sue, as exceptions to the statute of limitations do not always apply.
Examples of Evidence
Useful evidence varies, depending on a victim’s reason for suing for personal injury in Phoenixville. For example, security camera footage might be available in a premises liability claim, especially if the accident occurred in a store. In auto accident claims, police reports are typically available. In Phoenixville, opinions or conclusions drawn by police officers and included in accident reports are admissible in cases for injury. Eyewitness statements might be available in some instances. To ensure that eyewitness statements can be obtained, speak to them following an incident and get the necessary names and contact information. If eyewitness statements are not available, statements from other witnesses, like experts, can be useful. A victim’s medical records and proof of damages will also be essential to their recovery. Photographs of a victim’s injuries from an accident scene and pictures showing the cause of a victim’s injuries can be used as evidence of negligence as well. Regardless, our attorneys will investigate your case to uncover evidence that can be used at trial in Phoenixville.
Going to Trial
While going to court for a civil claim can be daunting for victims, it is often necessary to recover full compensation for their injuries. Settling can limit the opportunity for recovery of some damages, such as non-economic and punitive damages, and requires concessions on behalf of victims. Taking your case to court allows you to present evidence in front of a judge or jury, provide your own testimony of events, and possibly claim greater damages than settling might have afforded.
You can choose to go to trial at any point during settlement negotiations before accepting an offer. We can help you review settlement offers and decide when it is time to proceed with a trial. If you have already filed your claim but entertained settlement negotiations, you will not have to refile to go to court.
Burden of Proof
For civil claims, including those brought because of injury, the burden of proof is lower than that of criminal cases. While in criminal cases, a defendant’s fault must be proven beyond a reasonable doubt, in civil cases, it must be proven that it is more likely than not that a defendant harmed a victim. This is known as the preponderance of the evidence standard. Although the burden of proof might be lower than what you expected, that does not mean that winning personal injury claims is a simple task. It requires dedicated work and compelling evidence, as an unsuccessful case can leave a victim without compensation for their various damages. If you do not meet the burden of proof in your case, you will not have proved the defendant’s fault and will not be awarded damages.
Comparative Fault
Modified comparative fault laws can occasionally impact plaintiffs in injury claims in Phoenixville. According to 42 Pa.C.S. § 7102(a), if a defendant is able to claim that a victim somewhat contributed to their injuries because of their own negligent actions, damages given to a victim can be reduced proportionally to their negligence. Comparative fault laws typically impact drivers most but can affect other injury claims if victims are unaware of these laws. Even if comparative fault laws apply to your case, you will still be eligible to recover damages, so long as you are not more than 51% at fault for your injuries. Knowing that comparative fault laws exist and doing your best to eclipse their impact on your injury claim will be crucial to your recovery in Phoenixville.
Available Damages
Depending on the defendant in the case, plaintiffs seeking compensation in Phoenixville might see their damages limited. For claims against state agencies, compensation is limited to $250,000. For claims against local government agencies, compensation is limited to $500,000. In claims against medical professionals, punitive damages are limited to three times the amount of compensatory damages given to a plaintiff. In all other cases, compensation is not capped. Remember, victims of auto accidents might be unable to recover non-economic damages in a lawsuit, depending on the severity of their injuries. Pennsylvania places no other limits on compensation for pain and suffering or punitive damages.
Economic damages are typically the bulk of losses victims are concerned about recovering. Economic damages have the capacity to compensate you for all applicable financial losses related to your injuries, such as medical expenses and lost wages. Other out-of-pocket costs, such as transportation expenses or in-house medical care, may also be compensable in a personal injury claim in Phoenixville. Careful record-keeping is crucial so that you can submit proof of your monetary losses for compensatory purposes.
Non-economic damages are subjective and cannot be proven as easily as economic damages. To recover non-economic damages, we might source statements from friends and family who can testify to your reduced quality of life following an incident. Statements from mental health professionals can be similarly useful. If your injuries are especially severe, statements from medical experts might be able to provide additional insight into your likely pain and suffering and future medical expenses.
Punitive damages will not be recoverable in all personal injury claims in Phoenixville. These damages are only available when defendants are proven to have acted with gross negligence when causing victims’ injuries.
How to Succeed in Your Personal Injury Claim in Phoenixville, PA
Success in personal injury claims often hinges on the steps victims take in the moments following an incident. To succeed in your personal injury lawsuit in Phoenixville, there are a few things you must do.
Begin by calling the police or reporting your accident. If you were hurt in a motor vehicle accident, you must report the incident to law enforcement. In other cases, such as slip and falls, reporting the incident to negligent parties and writing an incident report yourself might be necessary.
Then, go straight to the hospital. Waiting to get medical care for a few hours or days might derail your future case. Get the necessary diagnoses for your injuries and begin following your treatment plan right away. Do not have any gaps in your medical treatment.
Once you have taken care of steps one and two, contact our personal injury lawyers so that they can begin their investigation into your case. The longer you wait to do this, the more you risk crucial evidence becoming lost or destroyed.
Finally, file your claim right away. Urgency is important to the success of personal injury claims, especially when serious injuries are involved. When you require compensation, waiting can make it appear as though the opposite is true. And, while you will have two years from the date of your accident to bring your claim, it generally looks better and gives you more leverage to file as soon as possible after an incident that causes you injury in Phoenixville.
Get Help with Your Phoenixville, PA Personal Injury Claim Today
Contact the personal injury lawyers at The Reiff Law Firm by calling (215) 607-8085 to schedule a free case analysis today.
