Pennsylvania injury victims can recover compensation for a personal injury claim as long as their level of fault is no more than 50% of the total fault. Injury claims must be filed within two years, with potential damages including medical bills, lost income, as well as pain and suffering,.
What is a Personal Injury?
Personal injury is simply an injury to a person. This could involve a person’s mind, body emotions, or reputation but does not include any property. When you’re injured due to the fault of another, you can seek damages from them. under Pennsylvania law. While this may seem a simple concept, it can actually be quite complex in the justice system. Personal injury law is also known as tort law and abides by a strict set of definitions and principles. Learning personal injury law and the process by which to begin a personal injury settlement case can help guide you in getting compensation.
Legal Definition
A legal definition of personal injury on law.com is “any harm done to a person by the acts or omissions of another. Injury may include physical hurt as well as damage to reputation or dignity, loss of a legal right or breach of contract. If the party causing the injury was either willful (intentionally causing harm) or negligent then he/she is responsible (liable) for payment of damages for the harm caused. Theoretically, potential or continuing injury may be prevented by an order of the court upon a petition for an injunction.”
If you feel that someone has caused you harm or injury, intentionally or not, you can file a personal injury claim to recoup those losses or damages from the person that caused the damages.
Pennsylvania Statute of Limitations for Personal Injury Claims
Pennsylvania allows injured parties two years to file a claim against the person responsible for their injuries. This two year period can sound like a long time, but the complexity of injury cases and the personal injury claim filing process requires an injury person to act quickly in filing their claim. Ensure you get medical care immediately after your injury and begin documenting the treatment process immediately.
Filing a Personal Injury Claim in Pennsylvania
When you’ve suffered a loss through the fault of another, you can file a personal injury claim. A personal injury claim has two basic factors – liability and damages. That is, determining who is responsible or at fault and how reparation should be made. If a person can show that another person is responsible for the damages and what those damages are, the legal system can award compensation for that loss.
Grounds for Pennsylvania Personal Injury Claims
A person can sue another person for damages based on three different scenarios:
- Negligence. The most common form of a personal injury claim is negligence. A person is negligent when they don’t act with the care that would be expected to be reasonable of someone in that situation. This is often the basis for car accidents.
- Strict Liability. A person is liable regardless of what their intention was to commit that act, even if they did not intend to do harm. An example of this might be when a dog bites someone causing injuries.
- Intentional. This is when a person intends to cause harm on purpose. An example would be an assault that results in injury. If someone assaults another, then this is an intentional act.
Accidents do happen. A personal injury claim requires that damages have been caused to a person and that there was negligence or intentional actions to cause harm on the part of another. It’s also important to keep in mind that insurance policies cover accidents ONLY, so if the injury results from intentional conduct, the insurance company will disclaim coverage, as they only cover negligent acts.
Navigating the legal system for a personal injury claim can be a difficult task. A personal injury lawyer can help you to understand the factors and to manage the justice system. Find out about the potential outcomes of filing a personal injury claim.
If you feel you have a personal injury case, contact Jeffrey H. Penneys for a free consultation. As an experienced and skilled lawyer, he understands Pennsylvania law.
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