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It is not easy to know what to do after a traumatic event resulting in serious personal injuries. The aftermath, which may include significant and prolonged medical treatment, can be an enormous burden that is difficult to manage. While not all accidents resulting in severe personal injuries are due to negligence, others may have been wholly avoidable if not for someone’s disregard for their duty of care.
If you are facing these circumstances, it may be time to speak with an experienced Pennsylvania personal injury lawyer. Our team of attorneys could use their understanding of the law and nuances of the legal system to work for you while zealously going after all monetary compensation you may have a right to claim.
How to Pursue Compensation in Personal Injury Claims
Severe physical, emotional, and financial damages resulting from auto accidents, dog bites, slip and falls, burn injuries, dangerous drugs, motorcycle accidents, and bicycle accidents are just several instances that may give rise to a personal injury case. Given the wide variety of events that could precipitate a personal injury claim, a person’s ability to claim financial damages for lost wages, medical bills, and emotional anguish depends on various elements specific to the situation. The party responsible for the claimant’s injuries, the nature and extent of the claimant’s injuries, and the amount of medical treatment an individual received could all impact a final compensation amount.
One of the most important elements when pursuing damages in a personal injury case is establishing that the negligence of one or more other parties caused the claimant’s injuries. To prove negligence, a person must show that the other party owed them a legal duty of care and violated that obligation. Furthermore, the violation must have been directly responsible for the claimant’s injuries and the subsequent damage they sustained. For instance, a doctor has a legal duty to adhere to the accepted standard of care when treating their patients, and failure to follow this standard of care that results in a patient suffering harm could lead to a personal injury claim of medical negligence.
Depending on the facts of the case, numerous parties (including the injured individual) could share a portion of responsibility for the incident. A court finding a person partly to blame for their harm could impact how much compensation they can collect if their case is successful. State law does not allow individuals more than 50% responsible for the events of the incident that caused their injury to collect compensation. When considering a personal injury claim, it is vital to speak with a Pennsylvania attorney who could carefully consider the facts and evaluate the best strategies to pursue a case.
Time Limitations to Begin a Personal Injury Case
According to 42 Pennsylvania Consolidated Statutes § 5524, a two-year statute of limitations generally governs personal injury claims. If a person is injured due to another party’s negligence but waits more than two years from the accident to start a case, they may have forfeited their right to pursue compensation. However, a range of special circumstances may apply to some injury claims in which the filing deadline deviates from this two-year rule.
For example, the statute noted above lists a common exception that may apply in instances of medical negligence. When a patient is harmed by a medical provider’s negligence but does not learn they are injured right away, the two-year window may not begin until the day they find out or logically should have found out about the injury. Interpreting the statute of limitations and other laws governing personal injury claims can be difficult. It is best to speak with a lawyer in Pennsylvania who is well-versed in these laws and the most effective approach to building a successful personal injury claim.
Reach Out to a Pennsylvania Personal Injury Attorney Today
If you are considering pursuing a personal injury claim, your next call should be to an attorney who could provide the answers and insights you seek. A Pennsylvania personal injury lawyer could be your advocate throughout your case. Do not wait to schedule a conversation with an attorney and receive a confidential evaluation of your case. Call our team today to arrange your consultation.