When you suffer an injury due to someone else’s negligence, you have the right to claim personal injury compensation. To help guide you as you move forward with your personal injury claim, let’s explore the factors that can influence your compensation case.
Negligence Levels In Philadelphia Injury Claims
Negligence is one of the foremost considerations when evaluating personal injury claims. The higher the number of negligent actions taken by the opposing party in your personal injury claims, the higher your chances of case success.
To succeed in their personal injury claim, your personal injury lawyer must prove:
- That the opposing party did not adhere to a duty of care
- That this breach in the duty of care caused the injury
- That the injury resulted in the damages included within the claim
What is “Proximate Cause” Under Pennsylvania Injury Law?
Proving negligence relies on the legal principle of proximate cause. The definition of proximate cause is “The primary act causing a personal injury accident”. Under Pennsylvania law, proximate cause is a substantial factor in determining the result of personal injury cases. Proximate cause is also related to foreseeability.
As the plaintiff, your injury must be a reasonably foreseeable consequence of the opposing party’s actions.
For example, consider a car accident injury case in which a driver runs a red light. They can reasonably assume if they run the red light, they place drivers in cross-traffic and pedestrians crossing with the light in danger. Therefore, their actions in running the red light would be the proximate cause of any injuries.
Comparative Negligence in Pennsylvania
Pennsylvania is a comparative negligence state.
Under the Pennsylvania General Assembly Statute 7102, a plaintiff’s negligence does not prevent them from seeking compensation for their accident injuries. You can still claim compensation for any personal injuries you sustain, as long as you are less than 51% culpable for the events leading to the accident.
However, your compensation will also correlate closely with your degree of negligence. So if the courts find you are 20% at fault, you may only receive 80% of any settlement.
The Role of Witnesses in Your Injury Claims
Were there eyewitnesses to your accident? Do these witnesses have a clear record of the event and the actions each party took during the event?
Eyewitnesses can help corroborate:
- Conditions at the time of the accident
- How the opposing party acted before, during, and after the accident
- The scene of the accident
Beyond eyewitnesses, your injury lawyer will also work with expert witnesses to help solidify your injury case. They’ll speak with the medical experts treating your injuries. They’ll also talk to expert first responders. For example, paramedics and police officers may testify in personal injury cases, and their witness statements can provide crucial support for your claim.
How Injury Extent Impacts Personal Injury Compensation
The extent of your injuries will influence the potential compensation you receive for your personal injury claim. Generally, your compensation level will correlate with the impact of an injury on your day-to-day life. For example, does the injury prevent you from working? If so, you may be due loss of income compensation from the at-fault party.
Another consideration is the mental health element of the injury. Does the injury prevent you from enjoying your day-to-day activities with family and friends?
Under Pennsylvania law, these are considered “non-economic” damages and can multiply the settlement your personal injury lawyer gets during the injury compensation negotiations.
Turn to The Law Offices of Jeffrey Penneys to Settle Your Personal Injury Claims
Jeffrey Penneys is a Philadelphia personal injury lawyer with over 25 years of experience expertly negotiating injury claims. He helps victims like you understand their full range of compensation options under Pennsylvania law.
Take the next step towards justice today. Call The Law Offices of Jeffrey Penneys for your free case review.