What Is the Statute of Limitations on Personal Injury Cases in Pennsylvania?
A statute of limitations is a law that states the time limit for how long you have to file your claim in court. In the state of Pennsylvania, the statute of limitations on personal injury cases is two years from the date of injury. If you do not file within this two-year time limit, you lose your right to seek legal resolution. This highlights the importance of contacting the personal injury attorneys from Solomon, Berschler, Campbell & Thomas, P.C. right away to initiate the process and ensure your rights are protected.
What Damages Can You Recover in a Personal Injury Case?
In a personal injury case, individuals who have been harmed due to the negligence or wrongful actions of another party may be eligible to recover various types of damages. The specific damages that can be recovered will depend on the nature and severity of the injuries, the circumstances of the claim, and the laws in the relevant jurisdiction.
Here are some common types of damages that can be sought in a personal injury case:
- Medical Expenses: This includes all medical costs related to the injury, like hospital bills, surgery costs, doctor's visits, prescription medications, rehabilitation, and future medical expenses if the injury requires ongoing treatment.
- Lost Wages: If the injury causes the victim to miss work, they can seek compensation for lost income. This includes both past and future lost earnings if the injury results in long-term or permanent disability.
- Pain & Suffering: This category encompasses physical pain, emotional distress, and mental anguish resulting from the injury. The amount awarded is often subjective and may vary depending on the severity of the injuries and their impact on the victim's life.
- Property Damage: If the injury incident caused damage to personal property (e.g., a car in a car accident), the cost of repairs or replacement can be sought.
- Loss of Consortium: This refers to damages awarded to a spouse for the loss of companionship, intimacy, and support due to the injury.
- Punitive Damages: In cases of extreme negligence or intentional harm, punitive damages may be awarded to punish the responsible party and deter others from engaging in similar conduct.
- Loss of Enjoyment of Life: Victims can seek compensation for the loss of the ability to enjoy life as they did before the injury. This might involve limitations on activities or hobbies that the victim once enjoyed.
- Scarring and Disfigurement: If the injury results in permanent scarring or disfigurement, the victim can seek damages for the physical and emotional impact.
- Diminished Earning Capacity: If the injury affects the victim's ability to earn income in the future, they may be awarded damages to compensate for this loss.
- Funeral and Burial Expenses: In wrongful death cases, the surviving family members may seek compensation for funeral and burial costs.
The specific types and amounts of damages that can be recovered in a personal injury case vary depending on the jurisdiction and the specific details of the incident. Additionally, the method of calculating damages may differ.
In many cases, negotiations and settlements are reached between the parties or their insurance companies before a dispute goes to trial. It's important to consult with a qualified personal injury lawyer in Montgomery County who can assess your claim and help you understand what types of damages you may be eligible to recover based on your specific circumstances.
Modified Comparative Negligence & How an Injury Lawyer in Montgomery County Can Help You
If you or a loved one has been injured in an accident caused by negligence, carelessness, or recklessness, you can file a personal injury lawsuit against the at-fault party in civil court in order to recover financial compensation for your losses.
However, it is not uncommon for the at-fault party to argue that the victim either partially or completely contributed to the underlying accident that resulted in their injuries. When it comes to shared fault, Pennsylvania adheres to a “modified comparative negligence” statute, which means your total compensation will be reduced by your percentage of liability.
For example, if the jury awards you with $50,000, but also determines you were 15 percent at fault, you will only get to receive $42,500 (or 85 percent of your total award). However, if you were more than 50 percent at fault for your injuries, then you cannot recover any compensation from other liable parties.
Not only do you need a personal injury lawyer to prove that another party is at fault for your accident and injuries, but you also need a skilled legal advocate who can protect you from shouldering unfair blame that unjustly lowers the compensation you could recover.
How Can a Pennsylvania Personal Injury Lawyer Help You?
If you've been injured in an accident caused by someone else's negligence, it may be in your best interest to hire a personal injury attorney. A Montgomery County personal injury attorney will help you navigate the complex legal system, as well as protect your rights and best interests from start to finish.
Your attorney will guide you through the process of filing a claim against the responsible party or his/her insurance company, as well as help to negotiate any settlements. If a settlement isn't successful, they can also help you proceed with a lawsuit, if necessary. They'll be able to assess the strength of your claim and advise you on how to proceed.
Ultimately, hiring a personal injury lawyer in Montgomery County gives you an advocate who will persistently fight for justice on your behalf. With their knowledge and dedication, you can be confident that your rights will be protected throughout every step of the process.
Schedule a Free Consultation with an Accident Lawyer Today
No matter what type of accident you have been involved in or what type of injury you suffered, let our Montgomery County personal injury firm help you get the compensation and justice you deserve. We are equipped to fight for you from start to finish while you make the best possible recovery from injury.
Speak with our legal team by calling (610) 624-2006 today.
Frequently Asked Personal Injury Questions
What Should I Do Immediately After an Accident?
Following an accident, ensure safety first by moving to a secure location if necessary. Immediately call 911 to report the incident and seek medical attention, even if injuries appear minor. Document the scene by taking photos and gathering contact information from any witnesses. Avoid discussing fault at the scene. It's crucial to contact a personal injury lawyer in Montgomery County from Solomon, Berschler, Campbell & Thomas, P.C. as soon as possible to understand your rights and begin preparing your claim efficiently.
How Long Does It Take to Settle a Personal Injury Claim in Montgomery County?
Settlement timelines vary widely based on the complexity of the accident, the willingness of the parties to negotiate, and the extent of medical evaluations required. While some claims may resolve in a matter of months, more complicated situations involving severe injuries or disputed liability can take longer. This duration allows for comprehensive documentation and negotiation to secure fair compensation. Our legal team at Solomon, Berschler, Campbell & Thomas, P.C. will keep you informed and aim to resolve your claim as efficiently as possible while protecting your interests.
Can I Claim for Emotional Distress After an Accident?
Yes, emotional distress is a recognized category of damages in personal injury claims. It encompasses the mental suffering and anxiety following an accident. Proving emotional distress typically requires detailed documentation, such as medical records and psychological evaluations, to substantiate the impact on your daily life. An accident attorney from Solomon, Berschler, Campbell & Thomas, P.C. can guide you through the process of compiling necessary evidence and advocating for full compensation for both physical and emotional impacts.
