Personal Injury Law in Pennsylvania

Anyone who has been injured due to the negligence of others may have a viable personal injury claim. The most common cases are slip and fall injuries that occur when people are out shopping or running errands. Storeowners are required by law to keep the premises safe and customers can become injured when spills are not cleaned up in a timely manner. If an employee fails to clean up food or water left on the floor within a reasonable amount of time, the store may be held legally liable for the victim's injuries. Personal injury law includes premises liability claims, medical malpractice cases, dog bite injuries and product liability claims. Most personal injury lawsuits never actually get to trial because the defendant or their insurance company settles them out of court.



Pennsylvania Negligence Laws

Each state has their own laws in determining negligence and how much compensation the victim is entitled to receive. Pennsylvania follows the modified comparative negligence rule and in order for the plaintiff to recover damages, they must be able to prove that the defendant was more than 50 percent responsible for the accident. If the injured victim was more than 51 percent at fault, they are barred from recovering any amount of damages. All damage awards are reduced by the percentage of fault assigned. For example, if the plaintiff is suing for $100,000 but is found to be 20 percent responsible, the compensation award is reduced to $80,000.



Personal Injury Statute of Limitations

Claimants filing a personal injury lawsuit must start litigation within a specific amount of time from the date of injury. The statute of limitations in Pennsylvania requires the plaintiff to file suit within two years from when they became injured or discovered the injury. However, the statute can be put on hold or extended under certain conditions. Minors who have been the victim of a personal injury have until two years after they reach age 18 in which to file a claim.



What Damages Can Be Recovered

There are many factors that must be considered when estimating the amount of damages in a personal injury claim. These often include:

The severity of the injury

Amount of wages lost if the injury prevented the victim from being able to work

Whether the injury is temporary or permanent

The victim's age at the time of the incident

Cost of medical treatment, including any future care needed

Permanent scarring or disfigurement

Past, present and future pain and suffering

Loss of the ability to enjoy life

Each case is different and may have unique circumstances that could either reduce or increase the amount the victim can recover.



Consult a Pennsylvania Personal Injury Attorney

Most personal injury lawsuits never end up in court. The negligent party will usually try to settle with the victim for a monetary amount they think is fair. Quite often, these figures are much lower than the victim may be entitled to receive. When the plaintiff hires an experienced personal injury attorney, the defendant knows they are serious and will generally end up offering a larger settlement.

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