Allentown Personal Injury Lawyer
For better and unfortunately for worse, life can sometimes change in an instant. One moment, you could be a happy, healthy person going about your day-in-day business, and the next, an accident and subsequent injury could upend both your financial and physical health, possibly forever.
If that accident resulted from another person or entity’s recklessness or negligence, you might have grounds for a personal injury lawsuit. An Allentown personal injury lawyer could evaluate your case and discuss your legal options with you.
Types of Personal Injury Cases
Many types of injuries fall under the umbrella of personal injury law. The most common include:
- Broken and/or dangerous consumer products
- Attacks from domesticated animals
- Mistakes by a doctor or other medical professional
- Motor vehicle accidents
- A hazard on public or private property that the owner or operator failed to address
- Accidents involving children
- Trips and falls on other people’s property
Under Pennsylvania’s statute of limitations law, a person must file a personal injury lawsuit in most circumstances within two years of the date of the injury. Should the injury involve a medical mishap, the person has two years from the date of discovery of the source of the injury.
If a person dies from their injuries, their family may file a wrongful death suit within two years of the date of death. An Allentown personal injury attorney could help clarify what deadlines apply to a particular situation and ensure a potential plaintiff files their case within them.
Negligence by an Injured Party
Sometimes, identifying the party responsible for a personal injury is not a straightforward process. Under Pennsylvania’s modified comparative negligence system, codified in Pennsylvania Consolidated Statutes §7102, an injured party can only recover civil compensation, if they bear 50 percent or less of the total liability for their accident.
For example, if the plaintiff is found 60 percent responsible for the accident, they cannot collect damages. If they are found 20 percent responsible, they can collect damages, but any award they received would be reduced by the 20 percent of fault they were found to bear. In other words, they could only recover for 80 percent of their total losses.
When a person suffers a personal injury, it is generally important that they seek immediate medical attention and follow their doctor’s instruction. In addition to ensuring they are as healthy as possible following an injurious incident, this action also serves to formally document injuries resulting from an accident, which could be key to proving damages and recovering compensation in civil court.
Failure to do this could indicate to insurance companies that the injury was not as serious as the plaintiff claims. Throughout any civil litigation, it is important to keep in mind that insurance companies often try to find any evidence downplaying the severity of the injury so they can avoid paying out compensation.
Contact an Allentown Personal Injury Attorney Today
After a severe injury, you should be able to concentrate on healing rather than worry about legal claims and financial concerns. You may hear from the negligent party’s insurance company soon afterward with a settlement offer, but you should never accept such an offer without contacting a personal injury attorney first. Insurance companies want to pay as little as possible, and what seems like a reasonable settlement at first may end up being insufficient in the long term.
If the reckless or negligent actions of another party cause you harm, an experienced Allentown personal injury lawyer could help you take proactive action. Call today to get professional help pursuing the compensation you may deserve for your injuries.