Generally, personal injury law covers injuries that are caused by a person’s negligent actions. “Negligence” is at the heart of most personal injury cases. Proving a personal injury claim requires an injured party to show that the person that injured them owed them a duty of care and breached that duty. You should not be burdened with substantial medical bills and miss time at work because of another person’s negligence. If you or a family member has suffered an injury and wish to file a personal injury lawsuit, you should contact an experienced Upper Darby personal injury lawyer.
The skilled lawyers at The Reiff Law Firm understand how a serious injury can negatively affect various aspects of your life, and we will work tirelessly to help you litigate your personal injury case. You do not have to fight your case alone. Contact the Reiff Law Firm at (215) 709-6940 to schedule your free legal consultation. You may also contact the firm online.
Common Causes of Personal Injury Lawsuits in Upper Darby, PA
A personal injury claim may arise under a broad range of circumstances. The circumstances of your injury will affect what type of personal injury case you can file. The following is a list of common personal injury claims that our firm can litigate for you.
Medical Malpractice
Medical malpractice occurs when a doctor does not uphold the standard of care that is common among their field. For example, if a medical practitioner commits a surgical error that causes a patient to sustain permanent nerve damage, the medical practitioner could be held liable for malpractice. The following are other examples of medical malpractice:
- Failing to diagnose a condition or misdiagnosing a condition
- Prescribing incorrect medication for a patient
- Causing a newborn baby or mother to suffer a birth injury
- Making a treatment plan that injures a patient
Truck Accidents
Accidents involving a truck and a passenger vehicle are often catastrophic due to the size and weight of many commercial trucks. The damage caused by a commercial truck could destroy a passenger vehicle and leave a victim with fatal injuries.
There are many common causes of truck accidents. For example, if a trucking company violates regulated work hours and allows a truck driver to work while exhausted, this could result in a serious accident. Other circumstances that could lead to a personal injury lawsuit are:
- Driving while drunk or intoxicated
- Distracted driving
- Speeding
- Inexperience with operating commercial vehicle
It is important to note that a truck driver and their employer could be held liable for a truck crash under the doctrine of respondeat superior. This doctrine states that an employer could be held vicariously liable for the actions of an employee as long as the negligent act occurs within the scope of the employment. Filing suit against an employer will make it easier for a plaintiff to recover damages if they prevail in their case.
Slip and Fall Accidents
Slip and fall accidents typically occur because a property owner failed to keep their property free of any safety hazards. For example, the owner of a restaurant should ensure that all spills should be handled immediately for the safety of all patrons. If a property owner fails to repair a property defect, they could be held liable for injuries a visitor sustains in a slip and fall accident.
The following are common causes of slip and fall accidents:
- Inadequate lighting
- Unstable staircase or handrails
- Unplowed snow and ice
The Reiff Law Firm handles many other types of personal injury claims that are not discussed above. If you suffered severe injuries like spinal cord injuries, head injuries, or bone fractures, we could pursue the damages needed to treat your injuries.
To learn more about damages available for a personal injury lawsuit, continue reading and speak with an experienced Upper Darby personal injury attorney.
Damages Available for a Personal Injury Lawsuit in Upper Darby
When a plaintiff prevails in a personal injury lawsuit, they can be awarded damages for their injuries and other losses. However, a plaintiff must first show how the defendant acted negligently to win their case. Specifically, a plaintiff must prove the following four elements:
- The defendant owed the plaintiff a duty of care
- The defendant breached the duty of care (e.g., misdiagnosed a patient)
- The plaintiff suffered an injury or other losses due to the defendant’s breach
- The plaintiff sustained an injury or losses that are compensable by a court of law
Upon proving these elements, a plaintiff can receive compensatory damages. Compensatory damages are awarded for economic and noneconomic damages. While economic damages are based on objective factors, noneconomic damages consider objective and subjective factors. The following is a list of damages available for a personal injury lawsuit:
- Property damage
- Loss of wages and future loss of wages
- Pain and suffering
- Loss of consortium
- Medical expenses
This is not an exhaustive list. Let the Reiff Law Firm help you fight for the damages you deserve.
Consult with Our Experienced Upper Darby Personal Injury Attorney to Discuss Your Potential Lawsuit
If you or a family member was harmed due to the negligent actions of another, you should consult with a trusted Upper Darby personal injury attorney. The legal team at the Reiff Law Firm possess decades of experience litigating complex personal injury claims and we would be honored to work with you. To schedule a free legal consultation to discuss your potential lawsuit, contact the Reiff Law Firm at (215) 709-6940. You may also contact us by using the online submission form.
