Philadelphia Personal Injury Lawyer

Proving Liability in Injury Cases in Philadelphia

At its core, personal injury law holds people or organizations accountable for the harm they cause to others. Cases often arise from incidents like car accidents, medical malpractice, workplace injuries, slips and falls, and product defects.

For a personal injury claim to be successful, you’ll typically need to prove the following elements:

1. Duty of Care: The defendant (those accused of causing harm) owed a duty to the plaintiff (you). This duty may vary depending on the relationship and circumstances. For example, the law states a driver has a duty to follow traffic laws and drive safely to prevent harming others on the road.
2. Breach of Duty: You must show that the defendant breached that duty through negligence or reckless behavior. If a driver is speeding or texting while driving, they’re breaching their duty of care.
3. Causation: You’ll also need to prove that the defendant’s breach of duty directly caused the injury. In legal terms, this is known as “causation.” If a driver’s negligence causes a car accident, resulting in the plaintiff’s injuries, causation can be established.
4. Damages: Finally, you have to show that they suffered actual damages (physical, emotional, or financial) as a result of the injury. These damages can include things like medical bills, loss of income, emotional distress, and other losses.

Personal injury law is meant to protect victims who’ve suffered an injury or losses because of another’s negligence or wrongful conduct and allows them to seek compensation for their losses. It’s a broad field that encompasses a wide variety of injuries caused by the negligence or intentional acts of others.

Common Types of Personal Injury Cases in Philadelphia

In Philadelphia, common types of personal injury cases include:

• • Birth Injuries
  • Brain Injuries
  • Car Accidents
  • Pedestrian Accidents
  • Child Injuries
  • Negligent Security Incidents
  • Dog Bites
  • Hotel Injuries
  • Internet Sex Crimes
  • Medical Malpractice
  • Motorcycle Accidents
  • Nursing Home Abuse
  • Premises Liability
  • Product Liability
  • Slip and Fall Injuries
  • Spinal Cord Injuries
  • Train Accidents
  • Truck Accidents
  • Wrongful Death
  • Sexual Assault
  • Work Injuries

In essence, any incident that resulted in one individual suffering harm due to another’s negligence may qualify as a personal injury accident.

Pennsylvania law allows personal injury victims to recover compensation for their accident-related losses provided they’re able to prove another party’s intentional act or recklessness harmed them.  Since the goal is to make the injured person “whole” again, receiving compensation for their losses, including medical expenses, lost wages, pain and suffering, and other damages, may be possible.

If you want to better understand whether your injury incident qualifies you to receive compensation, get in touch with our law office to speak with a personal injury lawyer in Philadelphia now.

Filing a Personal Injury Claim in Philadelphia

If you decide to move forward with a personal injury claim, here’s an overview of the process:

• Initial Consultation: During your initial meeting with a Philadelphia personal injury lawyer, you’ll discuss the details of your accident, your injuries, and the expenses you’ve incurred, and answer any questions your attorney may have.
• Investigation and Evidence Gathering: Once you hire a lawyer, they’ll begin investigating the details of your case. This may include obtaining medical records, accident reports, and other documentation that supports your claim. The goal at this stage is to gather enough evidence to prove liability and show the extent of your damages.
• Negotiation with the Insurance Company: Your lawyer will then begin negotiating with the insurance company to secure a fair settlement. In many cases, insurers offer a low initial settlement, hoping to settle quickly for less than your case is worth. Your lawyer will handle these negotiations, pushing for a higher settlement that better reflects your losses.
• Filing a Lawsuit if Necessary: If the insurance company won’t offer an acceptable settlement, your lawyer will be prepared to file a lawsuit. This means taking your case to court, where a judge or jury will decide on liability and damages. Though most of these cases settle in negotiations, it’s still important to have a lawyer who has trial experience and can represent you in court if needed.

Compensation for Personal Injuries

Compensation that’s awarded in a personal injury case is intended to help “make you whole” by covering:

• Medical Expenses: Current and future medical bills related to the injury.
• Lost Wages and Earning Capacity: Lost income due to missed work and any reduction in your earning capacity in the future should your injury result in a long-term disability.
• Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury.
• Property Damage: Covers repair or replacement costs for damaged property, such as a vehicle in a car accident.