Personal Injury Law in Philadelphia, PA

Were you hurt due to another’s negligence in Philadelphia? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Philadelphia, PA can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Philadelphia relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Philadelphia, PA

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

• Car Accidents
• Slip and Fall
• Dog Bites
• Medical Malpractice
• Workplace Accidents
• Burn Injuries

Most Common Injuries in Philadelphia 

According to data from the Pennsylvania Department of Health, falls rank as the most common cause of injury in the state. Motor vehicle accidents are another common cause of injury, and are especially prevalent in Pennsylvania’s larger cities, such as Philadelphia. In 2014, there were 112,936 hospitalizations recorded for unintentional injuries across the state.

Steps in a Personal Injury Lawsuit in Philadelphia, PA

Once you determine that you wish to proceed forward with a personal injury action in Pennsylvania

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

Cases alleging severe damages are handled by a Pennsylvania Court of Common Pleas. In Philadelphia, after filing a complaint with the court and serving the defendant, you will either come to a settlement agreement, or enter the discovery process with the defendant. After this is complete you will have another opportunity for a settlement before your case proceeds to trial.

Pennsylvania Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

In Philadelphia, the severity of your injury and the resulting costs of medical treatments play a significant role in determining the size of your potential settlement. In Pennsylvania in 2019 alone, hospital charges totaled $5.7 billion for fall injury treatment and nearly $775 million for motor vehicle crashes. This equates to a charge of $49,455 and $62,646 per patient on average respectively, according to Pennsylvania hospital discharge figures. Most personal injury settlements are based off of the costs of these economic damages like medical bills.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in PA, that means you risk not receiving any compensation at all.

Damage Awards in Pennsylvania

If your Pennsylvania personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

Pennsylvania has set varying damage caps on claims against local agencies, and lawsuits against commonwealth parties.

Statute of Limitations in Philadelphia, PA Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

In Pennsylvania, individuals are afforded two years to file a personal injury claim. In Philadelphia, this time limit begins at age 18 for individuals who were minors when suffering the injury.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Philadelphia, PA Lawyer

Pursue a personal injury claim in Philadelphia against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Pennsylvania state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!