- September 16, 2021
- Posted by: Robert Katz
- Category: Personal Injury
Becoming injured in an unexpected event could be life-changing.
First, you may sustain potentially significant personal disability resulting in the inability to work and subsequent financial struggles. These issues might be compounded by damaged or unusable property necessitating major repairs or even replacement.
At Katz Injury Law, we are here to help you overcome your injury case and fight for your rights.
Are Personal Injury And Property Damage The Same?
You might wonder if personal injury and property damage claims are pursued in the same civil action. The answer to this question is no. Each proceeding is a separate entity. That said, a personal injury lawyer in Delaware County, PA may be able to help you pursue both actions.
Personal Injury Cases
Occasionally, the injuries you experience could result from another party’s negligence. For example, a motorist operating their vehicle recklessly or while engaging in criminal actions may contribute to the incident in which you got hurt.
An experienced personal injury attorney can examine the facts of your case and determine if you have a legitimate argument. If you do, your personal injury lawyer will first file a complaint against the accused party detailing the events and a description of your injuries.
Once a complaint is filed, the defendant is given time to respond. Said party’s response will disclose whether they wish to settle or proceed to trial.
During a trial, your car accident lawyer will devise a strategy designed to prove your innocence and demonstrate guilt on the defendant’s part. Legal representation will attempt to achieve this aim through efforts, such as procuring medical records, consulting with traffic engineers and law enforcement officials, obtaining eyewitness statements, and investigating the accused’s driving or criminal histories.
Success in a civil proceeding requires you and your lawyer to clearly show that the defendant’s negligence caused the incident in question, the injuries you sustained resulted from the accident and no pre-existing injury or illness, and the compensation you seek are solely related to those injuries.
Moreover, Pennsylvania civil law adheres to the modified comparative negligence principle. This means you cannot collect damages if a jury or other ruling body finds that you were more than 50 responsible for causing the mishap.
Property Damage Claims
Though property damage claims can and are often initiated, they are somewhat more challenging for certain notable reasons including:
The Emphasis On The Property’s Value
Unlike personal injury cases, property damage is assessed based on value. For example, damaged property is often reimbursed after considering what its current value is. Therefore, there is little to prove and no need for debate.
The Procedure’s Length
In many instances, property damage claims are settled quickly and do not necessitate the involvement of Delaware County personal injury lawyers.
If you believe you were injured or sustained property damage because of another party’s malfeasance, please contact us. We can boast a significant amount of experience trying personal injury cases and producing favorable results for our clients.