What is Personal Injury?

Ever felt blindsided by an injury that wasn’t your fault? It’s a situation no one wants to face, but understanding your rights is essential. If you’ve been hurt due to someone else’s negligence, a personal injury lawyer in Delaware County, PA can help you seek justice and fair compensation.

Understanding Personal Injury Law

Personal injury law exists to assist individuals who are injured due to the negligence or intentional act of another. It may be applied in a wide variety of circumstances, including automobile accidents, slipping and falling, medical malpractice, and more. If another person’s negligence has caused your injuries, you have the right to pursue legal action in order to receive damages.

What Is Considered a Personal Injury?

Personal injury is bodily, emotional, or financial damage caused by the actions or omissions of another. Unlike damage to property, which involves material loss, personal injury cases involve the victim’s health and ability to recover. Personal injury claims are intended to restore the injured party as favorably as possible by way of compensation.

Common Types of Personal Injury Cases

• Car Accidents: One of the most common causes of personal injury claims, car accidents often result from reckless, distracted, or impaired driving.
• Slip and Falls: Property owners are responsible for maintaining safe conditions. If you slip due to hazardous conditions, you may have a case.
• Medical Malpractice: When a healthcare provider’s negligence leads to injury, victims can pursue claims for misdiagnosis, surgical errors, or improper treatment.
• Workplace Accidents: While workers’ compensation covers many injuries, some cases may involve third-party liability claims.
• Defective Products: If a faulty product injures you, the manufacturer or seller may be held accountable under product liability laws.

Proving Negligence in a Personal Injury Claim

The majority of personal injury claims rely on establishing negligence, which involves demonstrating four main elements. The first is that the defendant owed a duty of care, or that they were under an obligation to act safely. The second is that they violated that duty by not acting responsibly. The third is that their negligence resulted in the injury. Finally, the victim must have suffered damages, such as medical expenses, lost wages, or pain and suffering. For example, if a driver runs a red light and hits a pedestrian, they have breached their duty of care and are liable for the resulting injuries.

Understanding Damages in a Personal Injury Case

If you are a victim of a personal injury, you are entitled to damages in numerous formats. Economic damages compensate for tangible financial losses like medical expenses, lost wages, and property damages. Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life. Rarely, the courts also provide punitive damages in order to sanction defendants for flagrant negligence or willful bad faith.

The Role of a Personal Injury Lawyer

Navigating a personal injury case can be complex. Working with an experienced attorney ensures you have someone advocating for your best interests. A Philadelphia pedestrian accident lawyer can handle negotiations with insurance companies, gather evidence, and represent you in court if necessary.

Why You Need Legal Representation

Insurance firms try to settle claims fast and for as low as they can. You might not get the complete compensation that you’re entitled to if you don’t have a lawyer. An experienced attorney knows the law and will battle for your rights to obtain the finest achievable result.

Time Limits for Filing a Claim

Every state also has a statute of limitations that gives a timeline within which a personal injury lawsuit can be pursued. Most Pennsylvania personal injury claims must be initiated within two years of the incident. Missing this deadline will make you ineligible to recover compensation, so act in a timely manner.

Get the Legal Help You Need

If you or a loved one has suffered an injury due to someone else’s negligence, don’t wait to seek legal guidance. Contact Katz Injury Law today to schedule a consultation. Our team is dedicated to fighting for your rights and ensuring you receive the compensation you deserve.