How to File a Personal Injury Claim In Pennsylvania

A sudden injury can disrupt all aspects of the injury victim’s life, leaving them facing an uncertain future. Fortunately, Pennsylvania has fault-based injury laws allowing an injury victim to recover compensation for damages, such as medical expenses, lost earnings, future income loss, and compensation for pain and suffering from the party responsible for their injury.

If you or a loved one suffered a serious injury due to another party’s careless, reckless, or wrongful actions, it’s important to know how to file a personal injury claim with a personal injury lawyer in Pennsylvania.

When Can an Injury Victim File a Personal Injury Claim In Pennsylvania?

Under Pennsylvania’s fault-based injury laws, an injury victim can recover compensation for their injury-related losses as long as they are less than 50% responsible for the injury. Typically, an injury victim files a claim against a negligent party who caused the injury. Common personal injury claims are made after injuries from the following:

• Car accidents
• Pedestrian accidents
• Bicycle accidents
• Motorcycle accidents
• Truck accidents
• Slip-and-fall accidents and other premises liability claims
• Workplace injuries
• Dog bites
• Defective product injuries
• Medical malpractice
• Acts of violence

Personal injury law centers on the common understanding that we all owe a duty of care to those around us, requiring us to practice reasonable care to avoid causing injury.

First, Preserve Evidence Whenever Possible

A grave injury could leave an injury victim incapacitated or unconscious, but if you or a companion can use a phone at the scene of the injury, you can preserve critical evidence by taking photos of the cause of the injury, the scene of the injury, and the injuries themselves if they are visible. It’s important to call an ambulance first or arrange transportation to a hospital right from the accident scene before taking photos.

At the hospital, request a complete medical assessment to ensure that all injuries are diagnosed, treated, and documented in your medical report. Then, keep copies of all medical bills and receipts for injury-related expenses.

If you didn’t take photos at the accident scene, it doesn’t mean you don’t have a case. Request a copy of your medical report, an accident report if the injury occurred in a car accident or on commercial property, and gather all documentation of your expenses and lost earnings.

Hire a Pennsylvania Personal Injury Attorney

Most personal injury cases are made through a direct claim against an at-fault party’s insurance, such as auto insurance after a car accident, property liability insurance after a slip-and-fall injury, or medical malpractice insurance after a doctor’s negligence. It’s essential to hire an attorney before accepting a fast settlement offer from the insurance company. These are often intentionally made before you know the full extent of your damages. Instead, hire an experienced personal injury lawyer in Pennsylvania and direct all communication with the insurance company to your lawyer. Most personal injury attorneys also offer free consultation so be sure to get in contact with an injury lawyer for help.

How Does a Personal Injury Lawyer Navigate a Claim?

Once you’ve had a free evaluation of your case and hired a personal injury attorney, your attorney will go to work for you at no upfront cost. Instead, they use contingency-based payment, so you only pay for legal services after your lawyer recovers compensation for you in your case.

Your attorney will do the following:

• Investigate all aspects of your injury by examining evidence, speaking with eyewitnesses, reviewing photo and video evidence, and consulting with relevant experts
• Document compelling evidence of the responsible party’s liability
• Determine the full amount of past and future economic damages you’re facing and an appropriate amount for pain and suffering, plus any catastrophic injury damages like disfigurement, loss of limb, or diminished quality of life
• Submit evidence of liability and a carefully calculated list of your damages to the defendant and their insurance company
• Negotiate a settlement with the insurance company for the maximum compensation available, or
• Take the case to court to recover compensation through a jury award for your damages

Nearly 95% of personal injury claims are resolved with a settlement, so the injury victim rarely has to go to court.