Learn the Answers to Frequently Asked Questions About Filing a Personal Injury Claim in Pennsylvania
If you have been seriously injured in an accident in Pennsylvania, you need to be sure that you are making informed decisions focused on protecting your legal rights. While you may have a personal injury claim, you could lose your right to file a claim if you aren’t careful.
You could also end up settling for far less than you deserve. Filing a successful personal injury claim is not easy. It requires a clear understanding of the law, a clear understanding of the value of your claim, and the ability to deal with the insurance companies effectively. In some cases, it also requires going to court. With this in mind, keep reading to learn the answers to some frequently asked questions about filing a personal injury claim in Pennsylvania—then contact us so that we can help you fight for the compensation you deserve.
Frequently Asked Questions (FAQs) About Filing a Personal Injury Claim in Pennsylvania
When Can I File a Personal Injury Claim in Pennsylvania?
You can file a personal injury claim in Pennsylvania if you were injured in an accident that was the result of someone else’s (or a company’s) negligence. Driving dangerously, failing to clean up spills in bars and restaurants, and failing to maintain control of a dangerous dog are three common examples of negligence that can justify claims for just compensation. But there are many other forms of negligence as well, and you should talk to a lawyer if you have any questions about your legal rights.
Additionally, in some cases, proof of negligence isn’t required. For example, proof of negligence generally isn’t required in product-related accidents. Here too, an experienced personal injury lawyer will be able to assess your legal rights and help you seek any and all financial compensation you are entitled to.
What Types of Accidents Does Personal Injury Law Cover?
Personal injury law covers all types of accidents in which another person or a company is to blame. This includes car, truck, and SUV accidents; motorcycle accidents; bicycle and pedestrian accidents; product-related accidents; premises-related accidents; and dog attacks, among others. Common examples of product-related accidents include fires, explosions, electrocutions, and other failures. Common examples of premises-related accidents include slips, trips, falls from heights, and elevator and escalator malfunctions.
What Types of Injuries Does Personal Injury Law Cover?
Personal injury law covers all types of accident-related injuries. If you have suffered any type of traumatic injury in an accident that was not your fault, you may be entitled to just compensation for your losses. Eligible injuries include (but are not limited to) broken and dislocated bones, soft tissue injuries, nerve damage, traumatic brain injuries (TBI), and spinal cord injuries (SCI).
If you have a personal injury claim in Pennsylvania, you can seek just compensation for the psychological effects of the accident as well. At Drake, Hileman & Davis, PC, we have helped numerous accident victims recover financial compensation for pain and suffering, emotional distress, post-traumatic distress, and other forms of non-physical harm.
How Long Do I Have to File a Personal Injury Claim After an Accident?
In Pennsylvania, the general rule is that you have two years from the date of an accident to file a personal injury lawsuit in court. However, there are exceptions that can either lengthen (i.e., claims involving children) or shorten the notice requirements (i.e., claims against the government) the amount of time you have to file. In any case, it is best to speak with a lawyer about your legal rights as soon as possible.
Do I Need Medical Records to File a Personal Injury Claim?
Yes, if you have a personal injury claim, your medical records will be key evidence in support of your demand for just compensation. This makes it essential to see a doctor as soon as possible after your accident. However, your attorney will be able to secure those records on your behalf. Don’t let not having your medical records be a barrier to reaching out to the attorneys at Drake, Hileman & Davis.
What Other Records Do I Need to File a Personal Injury Claim?
Along with your medical records, proving your right to just compensation will also require various other forms of documentation. These include documentation of the cause of your accident as well as documentation of the present and future costs of your injuries. If you have photos or videos from the accident scene, a copy of the police report, employment records showing time you have missed from work, or any other records that are (or may be) relevant to your claim, you should share these with your personal injury lawyer during your free initial consultation. But again, if you do not have these records your attorney will be able to secure them after meeting with you.
Can I File a Personal Injury Claim if I was Partially at Fault in the Accident?
If you were partially at fault in an accident in Pennsylvania, whether you can file a personal injury claim depends on your percentage of fault in the accident. For now, though, you should not make any assumptions about what happened or who may be legally responsible. Determining fault in an accident requires a thorough investigation and a detailed legal analysis under Pennsylvania law—and this means that you need to hire an experienced personal injury lawyer who can help you make an informed decision about whether to pursue legal action.
How Do I File a Personal Injury Claim if Multiple Parties are Responsible for My Injuries?
If multiple parties are responsible for your injuries (i.e., if you were injured in a multi-vehicle collision), seeking the full compensation you deserve may or may not involve filing a claim with each of the at-fault parties’ insurance companies. These are particularly complex cases, making it especially important to hire an experienced personal injury lawyer to conduct a thorough investigation as soon as possible.
Can Parents File Personal Injury Claims on Behalf of Their Children in Pennsylvania?
Yes, parents can file personal injury claims on behalf of their children in Pennsylvania. If your child was injured in a car accident, school bus accident, bicycle accident, or any other type of accident, we encourage you to contact us right away so that we can fight to recover just compensation on your family’s behalf.
What Compensation Can I Seek in a Personal Injury Claim in Pennsylvania?
If you have a personal injury claim in Pennsylvania, you are entitled to seek just compensation for all of your financial and non-financial losses resulting from the accident. Common financial losses include medical expenses and other out-of-pocket costs, lost income and benefits, and lost future earning capacity. Common non-financial losses include pain and suffering, emotional trauma, post-traumatic stress, loss of companionship, loss of consortium, and loss of enjoyment of life.
Are Punitive Damages Available in Pennsylvania Personal Injury Cases?
Punitive damages are available in some (but not all) personal injury cases in Pennsylvania. When you hire an experienced personal injury lawyer to represent you, your lawyer will assess whether you have grounds to pursue a claim for punitive damages based on the specific circumstances of your case.
How Much is My Personal Injury Claim Worth?
If you have a personal injury claim in Pennsylvania, determining what your claim is worth will require a comprehensive assessment of your specific circumstances. This includes an assessment of the cause of your accident (which will determine if punitive damages are available), as well as an assessment of the specific financial and non-financial losses that you are entitled to recover. The value of the claim is commensurate with the nature of the losses and harms sustained. The personal injury attorneys at Drake, Hileman and Davis are able to provide you with a reasonable range of settlement value, once you have reached maximum medical improvement and your losses have been calculated.
Do I Need to Hire a Personal Injury Lawyer to Represent Me?
While you are not legally required to hire a personal injury lawyer in Pennsylvania, it is practically essential to have an experienced advisor and representative on your side. Without an experienced personal injury lawyer, you won’t be able to accurately calculate the full damages you are entitled to recover, and the insurance companies will use your lack of legal representation against you.
How Much Do Personal Injury Lawyers in Pennsylvania Charge?
Most personal injury lawyers in Pennsylvania (including ours) represent accident victims and their families on a contingency-fee basis. This means that they do not incur any out-of-pocket expenses for their legal representation. If your personal injury claim is successful, your legal fees will be calculated as a percentage of the compensation your lawyer helps you recover. Typically, at Drake, Hileman & Davis we charge a 33 ⅓ % contingency fee. While there are exceptions depending on the complexity of the case, there is never a charge for our services unless we recover for you. Your personal injury lawyer will discuss this percentage with you during your free initial consultation.
How Do I File a Personal Injury Claim in Pennsylvania?
If you or a loved one has been injured in an accident, hiring an experienced lawyer is the first step toward filing a personal injury claim in Pennsylvania. Once you hire a lawyer to represent you, your lawyer will be able to investigate the accident and preserve the evidence that is available, and then your lawyer will be able to use the available evidence to fight for the financial compensation you deserve.
Contact Us for a Free, No-Obligation Consultation About Your Legal Rights Today
If you would like to learn more about filing a personal injury claim in Pennsylvania, we encourage you to contact us for a complimentary, no-obligation consultation. To speak with an experienced personal injury lawyer about your legal rights as soon as possible, call 888-777-7098 or contact us online today.
