When you or a member of your family suffers a serious injury in an incident that is not your fault, you likely ask yourself, "Should I file a personal injury lawsuit?"

The purpose of personal injury law is to ensure those who have been injured or wronged by others receive justice. At Brandon J. Broderick, Attorney at Law, we recognize that each circumstance, individual, and case is unique and may require special attention. We understand the damage that an accident or injury can cause to an individual and/or their family. It can completely alter a person's existence, make working difficult or impossible, and place a financial strain on you.

The majority of individuals who file a personal injury lawsuit in Pennsylvania have never done so before. Until something happened to them, they may have never given the idea a second thought. Our experienced legal team recognizes that the prospect of a lawsuit can be intimidating. At Brandon J. Broderick, Attorney at Law, we believe in providing outstanding client service and will guide you through the process. Despite the fact that every claim for personal injury is unique, there are a few frequently asked questions and common issues that arise early on.

Here are the first four things to consider prior to filing a Pennsylvania injury lawsuit.

What Does a Personal Injury Case Consist of?

Personal injury law includes several kinds of injury claims, including:

  • Car accidents
  • Truck accidents
  • Pedestrian accidents
  • Construction accidents
  • Motorcycle accidents
  • Bicycle accidents
  • Uber and ridesharing accidents
  • Medical negligence
  • Workplace injuries
  • Dog bites
  • Wrongful death
  • Pharmaceutical litigation

If you were injured due to another party's negligence, you have the right to seek compensation for the harm you suffered.

1. You Will Have to Prove Negligence

You must prove negligence. This is true in the vast majority of personal injury lawsuits, whether they involve a slip-and-fall, automobile accident, or a workplace injury. Even if your injuries are severe, it is not sufficient to just show that you were injured. Your attorney must prove four elements of negligence: first, that the defendant owed you a duty of care; second, that the defendant breached that duty; third, that the breach of duty caused your physical injuries; and fourth, that your physical injuries resulted in monetary damages. In some instances, there may be multiple defendants. 

In a personal injury claim, proving negligence is essential. If our lawyers cannot establish that another party caused your injury, you do not have grounds to file a lawsuit. Additionally, if you contributed to the accident or your injury, your potential compensation will be affected. A jury will be asked several questions at the conclusion of a trial. One is the amount of damages awarded to the plaintiff, and the other is the percentage of fault assigned to each party.

2. Consult an Attorney Before Signing Anything From an Insurance Company

Do not sign anything from an insurer before consulting with an attorney, especially if you have been seriously injured. It is not uncommon for insurance adjusters to attempt to persuade injured parties that legal representation is unnecessary. Regardless of what an insurance adjuster may say, you have the right to deny an insurance company's settlement offer. Accepting an offer will require you to give up essential rights, such as the ability to sue for your injuries. Determining the complete value of your claim and knowing that you can and should reject any offer that does not adequately compensate you for your losses is critical.

3. Types of Damages Available in Pennsylvania

Your Pennsylvania personal injury claim may entitle you to a range of compensatory damages. It is possible to receive economic damages (also known as special compensatory damages), non-economic damages (general compensatory damages), and punitive damages.

4. There is a Limited Amount of Time to File a Lawsuit

In Pennsylvania, you do not have an indefinite amount of time to initiate a personal injury lawsuit. The statute of limitations governs the filing deadline for injury-related claims. Personal injury lawsuits in Pennsylvania must be filed within two years of the incident that caused the injury.

This deadline does not imply that your case must be resolved within two years, but your claim must be filed with the court by this date. Unfortunately, Pennsylvanians missing this deadline are not uncommon. They may be working with an insurance company that deliberately prolongs the procedure. Sometimes, a person delays initiating legal action because they are preoccupied with their medical treatment. Immediately following an injury, you should consult a skilled PA personal injury lawyer. A lawyer will ensure that no deadlines are missed and will work to preserve crucial evidence that may be lost if you delay.

Do I Need to Hire a PA Personal Injury Lawyer?

Accidents resulting in injuries can occur without warning. Unexpected events can have detrimental effects on your health and finances. The amount of compensation you should receive after an accident will depend on how you handle the case. You have the right to seek compensation for your losses if someone else's negligence has caused you injury. You need not negotiate with insurance companies on your own; we are here to help you.

Accident victims are not required by law to be represented by an attorney when filing a personal injury claim. However, working with skilled personal injury attorneys can have a significant positive impact on the outcome of your case. Why take the chance of being compensated unjustly? When you hire a personal injury attorney from our firm, you incur no upfront costs. We only collect payment for our services if we win your case. If we lose, you do not pay.

Contact us today for a free consultation to discuss the details of your case and assist you in regaining control of your life.

Posted by: Brandon J. Bro…
Date: Mon, 04/24/2023 - 17:54

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