What is a Burden of Proof?
When a personal injury claim or lawsuit is filed, you are going to need to prove how the other party was negligent. For example,
- If you were hit by a driver who was under the influence, you could use their DUI charge as a means of viable proof.
- If you were injured on an unsafe construction site and you weren’t provided the proper equipment to protect youself, you could potentially file a personal injury claim along with a worker’s compensation claim.
To learn more about burden of proof and how you can obtain the proper amount to help get the compensation you or a family member deserves, give us a call and we will gladly place you in touch with one of our featured PA accident lawyers who specializes in personal injury.
Time Limits for Filing a Claim
In the state of Pennsylvania, an injury victim has two years from the date of the accident or the date the injury was recognized to get a claim filed. Should you miss the deadline and attempt to file a claim beyond the two-year mark, you lose your chance of obtaining any compensation you may have been entitled to receive.
Our Accident Attorneys Can Also Help You if You Have Been Involved in a Car Crash
Accident attorneys not only represent victims who may have been hit by a vehicle or were harmed during a medical procedure but also those who are looking to claim compensation for damages from their auto accident.
Pennsylvania follows the No-Fault car insurance statute which means when involved in such an accident, you are expected to turn to your own personal insurer for compensation. But what if you have become disabled, lost a loved one, or cannot work for a few months? Is your insurance carrier going to supply you with the necessary funds? Perhaps this would be something our PA accident lawyers can look into if you are currently struggling with the issue.
If you are currently suffering from injuries and would like to become more informed on what you can do to obtain an adequate amount of compensation, give us a call so we can get you on the right path.
What is the advantage of hiring a Pennsylvania lawyer after an accident involving injury and property damage?
After an accident, attorneys in Pennsylvania can fight for a victim’s right to compensation for injuries and property damage loss under the State laws that provide for payment when an injured party was not at fault, referred to as “damages. Legal counsel is aware of an insurance company’s desire to close out claims quickly. Contacting an experienced attorney shortly after an accident will give them the opportunity to research the case before an insurance company makes a low settlement offer. They can build a strong case by sending investigators to the accident scene; reviewing police reports, witness testimony and medical reports; hiring appropriate financial experts to make valuations of loss; determining the cause of the accident; supporting victim’s rights against aggressive insurance companies; and drafting and filing complicated insurance and legal documents
Because of an accident’s unplanned nature and its occurrence in every type of venue, victims can become overwhelmed with the tasks to be undertaken afterward. In many cases, individuals are left with expensive property damage replacement, or physical injury and loss that requires legal action to address costs above insurance policy limits.
What damages can a victim recover from accidental injuries?
Compensatory damages are an award of money in compensation for actual economic losses, injury, and property damage, not including punitive damages. A Pennsylvania accident lawyer can explain valuation determinations for auto insurance claims, and other accidents requiring damage compensation and assist in determining what types of compensatory award damages are necessary to address: economic loss, including lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic damages, including pain and suffering, loss of consortium, or companionship.
Punitive damages are meant to punish the individual who caused harm, or injury and loss to the victim. They are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, and awarded on a case-by-case basis.
Damage capitations.
Monetary awards in Pennsylvania have no cap on most damages, but there is a cap of $500,000 against local government claims, and a $250,000 limit on claims against the State. Accident lawyers can be of assistance for a variety of legal actions toward fiscal recovery after any motor vehicle, personal injury, premises liability, medical malpractice, or worker’s on-the-job accidental injury.
What types of accidents result in legal action toward fiscal recovery?
Workers’ compensation, personal injury, premises liability, medical malpractice and car, truck, bus and motorcycle (motor vehicle) accidents in Pennsylvania are at the root of legal action in pursuit of economic, and non-economic damages, plus punitive damages in specific situations.
When personal injury is caused by another’s actions in Pennsylvania, the statute of limitations gives an accident victim two years to file a lawsuit from the date the injury occurred, was, discovered, or should have been discovered through reasonable care. An attorney can apprise individuals of any deviations from that timeline.
Motor vehicle.
In Pennsylvania, an accident report must be filed with the Pennsylvania Department of Public Safety within five days from the mishap if collisions result in death, injury, or significant property damage. An auto accident attorney can explain Pennsylvania’s “modified comparative negligence” rule, where an individual can still recover damages in a personal injury lawsuit, but the amount of compensation will be reduced by an amount that is equal to their percentage of fault, but a plaintiff can only seek damages from the defendant if they are less than 51 percent at fault.
Personal injury.
If a person is hurt because of the action, or inaction of another individual, they may be able to recover compensation when fault and/or liability is proven for the resultant harm. The recovery of damages is contingent upon proving that the individual, or entity was negligent, they caused the injury and owed a duty of care to the victim. If a criminal component exists, that legal action may impact the civil case outcome.
Premises liability.
If an individual is hurt on another person’s property, they may take legal action if the accident was caused by poor property conditions, including improper maintenance, upkeep, or from unforeseen interactions with occupants, or pets/animals on the premises. An invitee may be owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries in many cases.
Medical malpractice.
Pennsylvania medical malpractice actions occur when a person becomes injured while being treated by a practicing health care provider. Pennsylvania has no caps on non-economic damages in medical malpractice lawsuits, but punitive damages are capped at 200% of compensatory damages. Twenty-five percent of all punitive damages awarded to patients must go into a special fund to pay patients whose claims exceed the healthcare provider’s malpractice insurance coverage. The time limitations fall within the two year statute for injury, but always check with a medical malpractice attorney to ascertain if there are deviations from that timeline.
Workers’ compensation.
When a person becomes injured on the job, or contracts an illness that is job-related, they should hire the services of an experienced workers’ compensation attorney, who can assist with a claim for monetary damages. Injuries may be caused by an accident, or event that results in a physical injury, a medical condition caused by repetitious use of a body part, or conditions associated with the workplace environment itself. A lawyer can deal with the Pennsylvania Workers’ Compensation Claims Division on a client’s behalf.
Wrongful death.
In Pennsylvania, family members, or legal representatives must file a wrongful death legal action to secure compensation when a loved one dies because of the negligent, reckless, or deliberate act of another. A Pennsylvania wrongful death attorney can assist with damages in these lawsuits that may include:
- Medical bills and treatment,
- Funeral and burial expenses,
- Lost wages compensation,
- Compensation for pain and suffering,
- Punitive damages base on individual case.
Sources.
https://www.iihs.org/topics/fatality-statistics/detail/state-by-state
https://www.dli.pa.gov/Individuals/Workers-Compensation/Pages/default.aspx
https://www.insurance.pa.gov/Coverage/Pages/Homeowners.aspx
https://www.insurance.pa.gov/SpecialFunds/Pages/MCARE.aspx
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.085.053.000..HTM
https://www.dot.state.pa.us/Public/DVSPubsForms/BMV/BMV%20Forms/AA-600.pdf
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTM
