Injuries resulting from someone else’s intentional act, negligence, or recklessness can often be devastating and potentially life-changing. While no amount of money can compensate for the pain and suffering experienced due to a personal injury, recovering financial compensation can help relieve undue economic burden.
Usually, personal injury claims require dealing with insurance companies. However, these companies are businesses first and foremost and often try to find ways to deny or reduce your compensation. Without an experienced personal injury attorney on your side, you may be deceived into accepting less than your claim is worth.
At Alpha Omega Law Firm, LLC, located in Chadds Ford, Pennsylvania, attorney Kelly Adams will advocate for your rights and help you recover the maximum compensation. With over ten years of experience, she will help you file a claim and speak with insurance companies on your behalf while you focus on what's important: healing and recovery.
Types of Personal Injury Claims
Personal injury claims can result from all kinds of situations and circumstances. Some of the most common types of personal injury claims include:
Auto accidents: The most frequent reason for personal injury claims, car and motor vehicle accident claims are usually based on the negligence/recklessness of another driver.
Slip and fall accidents: To claim damages for a slip and fall injury, the victim must show that the fall was due to dangerous conditions caused by someone else.
Animal attacks: Dog bites can cause devastating injuries, sometimes leading to permanent disfigurement. In Pennsylvania, a dog’s owner is automatically responsible for the dog’s aggressive actions.
Assault: If your injury is due to the violent act of someone else, such as a knife or gunshot wound, you are entitled to compensation. Even if the at-fault party escapes criminal conviction, you may still be compensated in a civil suit.
While this is not an exhaustive list of events that can result in a personal injury claim, they are some of the most common. If you've suffered an injury that was someone else’s fault, contact a personal injury lawyer like Kelly Adams who can evaluate your case and estimate the value of your claim.
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Pennsylvania Laws for Personal Injury Claims
Personal injury laws are set in place to protect victims and ensure they receive fair compensation for their injuries. These laws vary from state to state, so it is important to understand the specific laws in Pennsylvania if you want to file a personal injury claim.
Statute of Limitations
The statute of limitations refers to the time you have to file a lawsuit for your personal injury claim. In Pennsylvania, the statute of limitations for most personal injury claims is two years from the date of the accident or injury. If you fail to file a lawsuit within this time frame, you may lose the right to seek compensation.
Comparative Negligence
Pennsylvania is a modified comparative negligence state. Under this rule, if you are found to be 51% or more responsible for the event that caused your injury, you are barred from recovering compensation. If you are found to be less than 50% at fault, you can still recover damages, but your compensation will be reduced by your percentage of the blame.
For example, if the court awards you $100,000 in damages and decides you were 10% responsible for an accident, your compensation would be reduced by 10% and you would amount to $90,000.
Caps on Non-Economic Damages
In Pennsylvania, there is a cap (or limit) on the amount of non-economic damages (e.g., pain and suffering, emotional distress, and loss of enjoyment of life) that can be awarded in a personal injury claim. The current cap in Pennsylvania is $500,000, but this can vary depending on the circumstances of the case.
Strict Liability for Dog Bite Cases
In Pennsylvania, dog owners are automatically held liable for any injuries caused by their dogs. This is known as strict liability, meaning that the owner does not have to be proven negligent for the victim to receive compensation. However, there are exceptions to this law, such as if the dog was provoked or if the victim was trespassing on private property.
An experienced personal injury attorney like Kelly Adams will interview you and get a complete picture of your losses and will fight to recover all the damages you are entitled to.
Steps to Take if You've Suffered a Personal Injury
If you have been injured due to someone else’s negligence, there are certain steps you should take to protect your rights and potentially strengthen your personal injury claim:
Seek medical attention: Your health and well-being should be your top priority, so it's important to receive proper medical treatment for your injuries as soon as possible.
Gather evidence: If you can, collect any evidence at the scene of the accident, such as photos, witness statements, or contact information for those involved. This can help support your claim later on.
Report the incident: Whether the injury occurred at a workplace or from a car accident, report the incident to the appropriate parties (such as your employer, insurance company, or police).
Keep all documentation: Save any medical bills, receipts for expenses related to your injuries, and any other relevant documentation. This can help support your claim for compensation.
Consult with a personal injury lawyer: Seek the advice of an experienced personal injury attorney. They can guide you through the legal process, negotiate with insurance companies on your behalf, and fight for your rights to fair compensation.
Personal Injury Lawyer in Chadds Ford, Pennsylvania
Personal injury claims can be complex and overwhelming, especially when dealing with physical injuries and emotional trauma. If you’ve been injured due to someone else's negligence, reach out to an attorney who will stand with you from the beginning to the end. At Alpha Omega Law Firm, LLC, Attorney Adams will work tirelessly to maximize the compensation you deserve. Reach out today to schedule a free initial consultation.