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Free ConsultationA serious injury caused by the negligent actions of another can have a long-term detrimental effect on many aspects of your life. You may suffer significant pain, and even after a lengthy recuperation, you may lose some function in your body permanently. This could result in serious emotional distress as you may be unable to participate in activities that you once enjoyed, and you must learn to come to terms with your physical limitations. Serious injuries can also impact you financially, as you may be worried about how you will pay for your medical treatments, especially if you are unable to work because of the harm you suffered.
Fortunately, a Bala Cynwyd personal injury lawyer could help you take legal action against the at-fault party and pursue financial compensation for your losses. Our skilled attorneys could advise you throughout this process and work hard to get you the damages you need to fully recover.
What Is a Personal Injury Lawsuit?
Most personal injury suits involve preventable injuries that would not have occurred but for the defendant’s actions. A claimant could file a personal injury claim against a defendant whenever that person’s mistake or willful misconduct injures the claimant. To succeed in a civil claim, the claimant must demonstrate that the defendant’s actions more than likely caused their injuries and they suffered tangible losses as a result.
A decision in the claimant’s favor would require the defendant to pay the injured party financial compensation. A seasoned attorney in Bala Cynwyd could review the facts of the case to determine if filing a personal injury lawsuit is a viable course of action for the claimant and their family.
Types of Bala Cynwyd Personal Injury Claims
In general, a person can pursue damages against a defendant when their actions or inactions cause them to suffer an injury. As such, a person may file a personal injury claim in the following situations:
- Automobile collisions involving cars, trucks, buses, motorcycles, or pedestrians
- Medical malpractice
- Recreation and sport accidents
- Slip and falls, animals bites, inadequate security, and other premise liability incidents
- Defective products
- Dangerous medication
- Construction site accidents
- Fatal accidents
Our lawyers in Bala Cynwyd have extensive experience helping families recover damages after a wide variety of personal injury accidents. We could apply our experience and understanding of the local law to assist a claimant by gathering and securing relevant evidence to support their claim. We could meet with all available eyewitnesses and ask the right questions to determine what they observed. We could also skillfully examine other relevant evidence, such as police reports, accident photographs, and medical records. If possible, we could visit the place where the injury occurred to better understand what may have caused the accident and demonstrate how the defendant’s actions led to the claimant’s injuries.
Negligence Versus “Strict Liability” for Injuries
As mentioned in brief above, holding someone else legally liable for a personal injury in Pennsylvania requires proving they were more likely than not the person primarily to blame for causing the injury in the first place. In practice, this generally entails establishing that all the following things are true:
- The defendant being sued owed the plaintiff filing suit a “duty of care” to act responsibly and lawfully under certain circumstances, for example, the obligation motor vehicle drivers have to obey traffic laws and watch out for nearby vehicles/pedestrians
- The defendant “breached” this duty through a specific reckless, careless, and/or unlawful act
- Directly through this breach of duty, the defendant caused an accident which likely would not have occurred at all but for the defendant’s actions or, as the case may be, failure to act
- Directly through this accident, the defendant caused the plaintiff to suffer a physical injury serious enough to require some form of professional medical care
If all these criteria are met, the defendant can be considered legally “negligent” and held financially liable for all damages stemming from the injury in question, as discussed in more detail below.
Unique Rules for Certain Types of Claims
Notably, there are some scenarios in which a defendant may hold “strict liability” for a personal injury, meaning they are automatically liable for damages regardless of whether they demonstrably acted in a reckless or careless way. For instance, under product liability law, manufacturers are strictly liable for injuries caused by certain types of product defects that existed when the product causing injury left the manufacturer’s direct control.
In addition, there are some types of civil claims that have unique procedural requirements and restrictions compared to what could be considered the standard rules for a personal injury claim. Medical malpractice lawsuits are the archetypal example of such a claim, as Pennsylvania law requires prospective plaintiffs to obtain a “certificate of merit” prior to filing suit. In brief, this involves consulting with a qualified medical expert and getting them to affirm in writing that they believe legally actionable malpractice occurred.
Likewise, only the person designated as “personal representative” for the estate of a deceased accident victim has legal standing to file a “wrongful death” claim on behalf of the decedent’s surviving family members. A seasoned Bala Cynwyd personal injury attorney can provide vital assistance when it comes to understanding and complying with the specific legal regulations applicable to your claim.
Damages That May Be Available in an Injury Claim
The goal of a personal injury lawsuit is to make the injured party whole again, to the extent that money can do so. This includes both economic and non-economic losses. Economic damages could cover medical bills, rehabilitation costs, lost income, and property damage. Non-economic damages may include pain and suffering, emotional distress, or the impact of permanent injuries on your quality of life.
In more severe personal injury cases, such as medical malpractice or nursing home abuse, a Bala Cynwyd lawyer can bring in expert witnesses to help establish liability and prove the extent of your damages. This can be particularly important when dealing with birth injuries or long-term complications, where future medical costs and diminished earning capacity must be factored into the claim.
For people recovering from auto accident injuries, Bala Cynwyd accident attorneys can help gather essential evidence, such as crash reports, medical records, and witness statements. The state follows a modified comparative negligence rule under 42 Pennsylvania Consolidated Statutes § 7102, which means you can still recover damages even if you were partially at fault, so long as you were less than 51 percent responsible. However, your total compensation may be reduced based on your percentage of fault.
What Are “Punitive Damages” and When Are They Available?
If the person found at fault for a personal injury exhibited wanton negligence, reckless disregard for the wellbeing of others, intentional malice, or an “evil motive” in causing that injury, a court can impose “punitive damages” against them. As the name suggests, these damages are meant expressly to punish defendants for extremely egregious misconduct rather than compensate plaintiffs for specific losses. Unlike fines levied against defendants convicted of criminal offenses, though, punitive damages are not paid to the government, but instead are awarded as additional compensation to plaintiffs.
Technically, Pennsylvania law establishes no strict “caps” on how much courts can impose in punitive damages against a single defendant, except in cases involving medical malpractice. Based on both Pennsylvania and United States Supreme Court precedent, though, punitive damages are generally limited to the extent that they must be a reasonable multiple of the amount of compensatory damages awarded, usually no more than nine or ten times the total value of compensatory damages at the most.
Time Limits and the Importance of Acting Quickly
The Pennsylvania statute of limitations for most personal injury cases is two years from the date of the injury, according to 42 Pa. Cons. Stat. § 5524. This means you must file your lawsuit within that time frame, or you may lose your right to recover compensation. There are some exceptions, particularly in medical malpractice cases or those involving minors, but acting quickly gives your attorney time to build a strong case.
Beyond meeting deadlines, taking early legal action can help preserve important evidence and obtain witness testimony while memories remain fresh. A personal injury attorney in Bala Cynwyd can take immediate steps to protect your claim, from communicating with insurance companies to collecting documentation and filing required court paperwork on your behalf.
Speak With a Bala Cynwyd Personal Injury Attorney
If you suspect that your injuries could have been avoided if not for the negligent actions of another person, reach out to a skilled Bala Cynwyd personal injury lawyer. You should not be on the hook to pay for the damages resulting from somebody else’s lack of care. Let a dedicated team of local attorneys investigate the matter. We could pursue a financial recovery for you that would allow you to focus on your recovery and not have to worry about how you will pay your bills. Call today.
