Pennsylvania Personal Injury Lawsuit
How Do I Know if I Should File a Lawsuit?
A local personal injury firm or lawyer is best positioned to advise you on filing a lawsuit. Consider contacting a lawyer in the following situations:
- You have been in an accident and suffered significant injuries.
- The injuries you suffered have resulted in large medical expenses.
- You are unable to work because of an injury.
- An insurance adjuster has contacted you to ask about the incident or to offer a settlement.
- You suffered injuries but are not sure if someone can be proven negligent.
- You were in an accident, and you don’t know what your options or rights are.
- After an accident, an insurance company has refused to compensate you.
Keep in mind that reputable personal injury lawyers offer free consultations. You shouldn’t have to pay anything to have an expert look over your case and offer advice.
What Are the Steps in a Pennsylvania Personal Injury Lawsuit?
Going ahead with a personal injury lawsuit is a big deal. Make sure you understand at least the basics of how these suits proceed. Your lawyer can explain every step and guide you through the process, but it’s helpful to know what to expect.
- Choose your lawyer
The first step for you as the plaintiff is to find the right lawyer to represent you. Choose a firm with extensive experience handling personal injury cases in Pennsylvania and set up a meeting to discuss your case. - File the complaint
If you decide to proceed, your lawyer will begin the suit by filing a complaint. This notifies the defendants and makes your lawsuits official. - Discovery period
The complaint triggers the discovery period, during which both sides investigate, collect evidence, talk to witnesses, and hold depositions. They may talk to experts about what happened and share information to build a case. - Settlement negotiations
Most defendants will be prepared to negotiate at this stage. Your lawyer will discuss a fair settlement amount, typically with the defendant’s insurance company. If the negotiations do not proceed as you hoped, you can decide to go ahead with a trial. - Trial in court
A trial in court is the last resort. Settling is usually a better deal for everyone, but it isn’t possible. If you need to go to court to recover damages, your lawyer will represent you and argue your case to the jury.
This will hopefully be the end of the case, a win for you, but the defendant may appeal. Even if you have a strong case, this can delay your compensation.
Is There a Time Limit on Filing a Personal Injury Lawsuit?
Pennsylvania’s statute of limitations on filing a personal injury suit is two years. This means you only have two years from the time of the incident to begin proceedings. Exceptions to this law are extremely limited, so it is important to talk to a lawyer as soon as possible.
How Will My Lawyer Prove My Case?
To show that someone is liable for the damages resulting from your injuries, you must prove four things:
- That the individual or organization had a duty to act in an acceptable or reasonable way
- That they breached that duty and acted unreasonably or irresponsibly
- That their action or inaction caused you harm
- That the harm resulted in significant damages
Every case is different. Proving negligence and liability can be straightforward or complicated. Your lawyer may need witness and expert testimony as well as physical evidence to make your case.
How Much Can I Recover from My Lawsuit?
Damages in a personal injury lawsuit depend on multiple factors. These include the extent of your injuries, any disability or disfigurement it caused you, medical expenses, lost wages, and emotional and physical suffering.
In Pennsylvania, damages can be reduced if the defendants prove you have any degree of blame for the incident. If they show you were more than 50% to blame, you may not be able to recover anything.
Examples of Pennsylvania Personal Injury Lawsuits
Take a look at some of these recent and important personal injury cases in Pennsylvania. While every lawsuit is different, examples of real cases can give you an idea of what you might expect when you file.
- In 2020, Williamsport resident Harold Getting received a $2.3 million jury verdict after suffering injuries in a lawnmower roll-over accident. His foot lodged under the mower. He lost part of his foot as a result. The negligent company rented Getting the mower, assuring him it was the right size for his sloping lawn. The company also failed to use stabilizers.[1]
- A worker in Philadelphia suffered injuries at a construction job site when another worker struck him with a forklift. His injuries are severe enough to prevent him from working. He sued the company the other man worked for and won a settlement of $850,000.[2]
- A Tyrone man received a $10.83 million jury award in 2021 after suffering significant brain damage after an MRI at Tyrone Hospital. The plaintiff, Christopher Miller, had an allergic reaction to a substance used for contrast in the MRI image. He went into cardiac arrest, which resulted in brain damage and left him severely impaired.[3]
- Sometimes a personal injury becomes a wrongful death case. A Philadelphia jury awarded $9.7 million in 2018 to the estate of a victim of a bar brawl outside of Reading. Tonya Focht died as a result of a fight involving a motorcycle club. Her estate sued the bar, the club, and several individuals. In the end, only the individuals were found liable.[4]
These and many other personal injury cases in Pennsylvania illustrate how victims can take action to pursue justice and recover damages. If you believe you may have a case, contact a Pennsylvania personal injury lawyer for advice.