What Can a Personal Injury Lawyer Do For My Case?
Navigating Pennsylvania’s personal injury laws requires experience, legal expertise, attention to detail, and assertive advocacy. It’s difficult for an injury victim to effectively handle a claim with insurance companies that prioritize profits over paying out fairly on a claim. It’s especially challenging to go through this process while simultaneously trying to recover from a serious injury. Your attorney from Rosenbaum Injury Law will do the following:
- Thoroughly investigate all aspects of your injury, including examining an accident report, visiting the scene, scrutinizing photo and video evidence, and talking to eyewitnesses
- Build a compelling case for liability against the at-fault party
- Carefully calculate your damages to maximize the amount of compensation available to you
- Send an evidence-backed demand package to the appropriate insurance company
- Negotiate from a position of strength and prepare for trial while simultaneously seeking the best possible settlement offer
- Obtain an ample settlement for your damages or take the case to court if the insurer wrongfully denies the claim or offers an unacceptably low settlement amount
We don’t get paid unless you do so we are doubly incentivized to secure your compensation.
How Much Does a Philadelphia Personal Injury Lawyer Charge?
In general, many Philadelphia personal injury attorneys take cases on a “contingency fee basis.” This agreement involves an attorney covering all upfront costs related to the case, which means victims do not have to pay anything out of pocket.
Legal fees are only owed if the case is settled or resolved with a favorable verdict. In other words, you only have to pay your attorney if you win. However, you may still be responsible for court costs, filing fees, and the costs for expert witnesses regardless of the case’s outcome.
Be sure to discuss the terms of the agreement with your attorney and exactly what you will owe in each potential scenario. Contingency fee agreements can be very beneficial since skilled and trusted legal representation is made affordable to all.
They also give victims peace of mind knowing that a personal injury attorney would not accept their case if they thought they wouldn’t win.
At Rosenbaum Injury Law, our attorneys handle all cases on a contingency fee basis. In personal injury cases, plaintiffs often face large insurance companies and corporations with deep pockets and high-powered defense lawyers.
The contingency fee arrangement allows the injured to level the playing field and hire experienced attorneys that they may not otherwise be able to afford.
Common Injuries in Personal Injury Cases in Philadelphia
Car, motorcycle, and pedestrian accidents are common in personal injury cases in Philidelphia, as are falls, pool accidents, dog bites, and injuries from sports and outdoor activities. Common types of injuries claimed in personal injury cases include the following:
- Traumatic brain injuries
- Spinal cord injuries
- Fractures
- Soft-tissue injuries like sprains and torn ligaments
- Facial injuries
- Burns
- Traumatic limb loss
- Dog bites
- Bruises and lacerations
- Internal organ injuries
When an injury is preventable and only occurs because another person or business didn’t act prudently, or in the way another reasonable person would have, the negligent or reckless person or business is liable for the victim’s damages.
Types of Damages You Can Recover
Personal injury victims can potentially recover several types of compensation, known as damages, to reimburse them for their losses. These losses can be tangible, economic losses – such as medical bills – or less tangible, non-economic – such as pain and suffering.
MEDICAL EXPENSES
Any bills for emergency services, hospitalizations, surgeries, doctor visits, prescription medications, physical and rehabilitative therapy, in-home care, and other treatment-related expenses for the injury, including required future care.
LOST WAGES
Any income you lose from being unable to work while you recover, as well as the amount that you are likely to lose in the future. If you experience a permanent or debilitating injury, you can also obtain damages for the difference in the income you can earn now compared to before the accident.
PAIN AND SUFFERING
Compensation for the physical and/or psychological pain a personal injury victim must go through. These losses are subjective, so different factors are taken into account when calculating their worth. For instance, the degree of the defendant’s negligence, the nature, and severity of your injuries, or the negative impact on your life.
PUNITIVE DAMAGES
This type of compensation is only awarded in cases involving a defendant who exhibited extremely reckless behavior. Punitive damages are designed to punish the defendant and also deter others from similar conduct.
In most personal injury cases in Pennsylvania, there are no limits to the amount of compensation you can recover unless the claim is against the Commonwealth or a medical malpractice claim.
Personal injury lawsuits filed against a government agency (such as the Commonwealth or the Pennsylvania Department of Transportation) are limited to $250,000 in damages. Damages in claims against local agencies or parties (such as the City of Philadelphia or a school district) are capped at $500,000.
Punitive damages are not an option. In medical malpractice cases, punitive damages cannot exceed 200 percent of the compensatory damages (e.g., medical bills, lost income). Additionally, 25 percent of the punitive damages awarded must be paid to the Medical Care Availability and Reduction of Error (Mcare) Fund.
Types of Cases We Handle
Drawing upon our extensive experience in all aspects of personal injury law, we adeptly handle a diverse array of cases, including, but not limited to:
Motor Vehicle Accidents
After a collision, we can help you hold the at-fault party responsible, whether you were involved in a rear-end collision, hit-and-run, intricate multi-vehicle incident, etc.
Slip and Fall Injuries
Property owners bear the responsibility of maintaining safe premises. If you’ve sustained an injury due to a hazardous condition on another person’s property, we will help you pursue a premises liability claim to hold them accountable.
Medical Malpractice
When medical professionals fall short of providing the expected standard of care, patients can be severely harmed. In those cases, the doctor, nurse, surgeon, pharmacist, hospital, etc. can be held responsible.
Construction Accidents
Advocating for workers affected by construction accidents, we ensure you receive rightful workers’ compensation benefits and assess potential liability of third parties.
Nursing Home Abuse
A nursing home abuse claim is a legal action initiated by an elderly resident or their family against a nursing home or its staff for any form of mistreatment or neglect suffered by the resident. Nursing home abuse can take various forms, including physical abuse, emotional or psychological abuse, neglect, financial exploitation, or violations of residents’ rights.
Product Liability
Manufacturers, distributors, and retailers can be held responsible for the harm caused by the defective product if you have suffered a serious injury.
Wrongful Death
Losing a loved one due to the negligence of another party is unimaginable. Our team stands ready to help you pursue a wrongful death claim, seeking justice and financial support for your family.
We approach each case with compassion, diligence, and an unwavering commitment as we strive to secure the optimal outcome for our clients.
How Is Fault Proven in a Personal Injury Case?
To hold another party liable after a preventable accident, victims carry the burden of proving the at-fault party’s negligence is what caused their injuries. That involves providing evidence of the following four elements:
- Duty of Care: The defendant (at-fault party) owed you a legal duty of care. For example, Florida drivers are required to stop at red traffic lights to ensure the safety of themselves and others on the road.
- Breach of Duty: The defendant violated their duty of care. For instance, a driver who speeds through a red light violates their duty of care by engaging in an illegal activity that puts others at risk of injury.
- Causation: The defendant’s breach of their duty of care directly caused your injury. For example, you would not have been injured had the driver stopped at the red light and not crashed into your vehicle.
- Damages: Lastly, you must have suffered damages (financial losses). That can include economic damages, such as medical bills and lost income, and/or non-economic damages, such as pain and suffering and emotional distress.
This standard can apply to various personal injury cases, including motor vehicle accidents, premises liability claims, workplace accidents, and medical malpractice.
What to Do to Protect Yourself After a Personal Injury
It’s easy to be blindsided and bewildered after a sudden painful injury. Some injuries cause unconsciousness or make it impossible to move safely without causing further injury, but taking specific steps if you’re able after an injury can protect your physical and financial well-being. After an injury caused by someone else’s actions or negligent inaction, do the following:
- First, make sure you are in a safe place and call 911 to ask for emergency services
- Request the police if the injury occurred in a traffic accident or by a criminal action
- Take photos of the cause of the accident and anything relevant, like the scene of a car accident and the damaged vehicles, or the cause of a slip-and-fall injury
- Photograph any visible injuries
- Add the contact information of anyone involved
- Add the contact information of eyewitnesses (this is essential in injury cases with no surveillance video or traffic camera footage)
- Record a brief statement about what you remember of the moments before the injury while it’s fresh in your mind—trauma fades memories later
- Ask for a police report or a business accident report
Always go directly from the scene of the injury to the hospital. Otherwise, insurance companies sometimes claim a victim’s injury happened elsewhere. At the hospital, ask for a full medical evaluation as well as treatment for your obvious injuries. This ensures that all of your injuries are treated and documented. Then, follow your doctor’s treatment recommendations carefully and keep all medical records and bills.
Pennsylvania Personal Injury Laws
There are a number of state laws that may apply to your personal injury case.
NO-FAULT CAR INSURANCE
Pennsylvania is a no-fault state, which means each driver’s auto insurer pays for their own medical bills and other out-of-pocket losses after an accident, regardless of fault. Your injuries must meet certain thresholds set by state law to step outside of the no-fault system and file a third-party insurance claim or lawsuit against the at-fault driver.
Pennsylvania is unique among no-fault insurance states because drivers can opt-out of the no-fault system and choose between a “full tort” or “limited tort” policy.
Full tort policies eliminate all barriers to filing a personal injury lawsuit against an at-fault driver, whereas a limited tort policy also allows victims to sue an at-fault driver but only if they have suffered permanent disfigurement, a serious impairment of body function, or death.
COMPARATIVE NEGLIGENCE
Pennsylvania is a modified comparative negligence state and adheres to the 51 percent rule. Under this law, 42 Pa C.S.A. § 7102, the parties that contributed to a personal injury accident are assigned a percentage of fault, and their compensation is reduced accordingly.
For example, if you are awarded $100,000 and found 30% to blame, you will receive 70% of the award or $70,000. However, you must be less than 50% at fault to recover compensation. If you are assigned 51% or more of the blame, you will not receive anything.
STATUTE OF LIMITATIONS
All states impose a statute of limitations on personal injury cases, giving victims a limited amount of time to pursue a claim. There are some exceptions, but in Pennsylvania, you generally have two years from the date of the injury to file a lawsuit under 42 Pa C.S.A. § 5524.
If the claim is against a government unit, you must give notice of your intention to file a claim within six months of the injury. Failing to bring a lawsuit within the specified amount of time will bar you from recovering compensation.
Frequently Asked Questions
Q: Do I Have a Valid Personal Injury Claim?
A: Individuals often wonder if their situation qualifies as a valid personal injury claim. We can determine the viability of a claim after assessing your unique circumstances, injuries, and liability. However, there are four basic elements that must be established:
- The responsible party owed you a duty of care (e.g., in car accident cases, other drivers on the road owe a duty to drive safely and follow traffic laws)
- The responsible party’s actions were careless.
- The carelessness directly caused your injury.
- The injury resulted in losses (e.g., medical expenses, lost wages, pain and suffering, etc.)
Q: How Much Is My Case Worth?
A: Determining the value of a personal injury case involves various factors, including the extent of medical expenses, lost wages, pain and suffering, and long-term impacts. We can help you understand the potential compensation you may receive.
Q: What Should I Do Right After an Accident or Injury?
A: Seek medical attention, preserve evidence, and report the incident to law enforcement. If possible, document the accident scene by taking photos or videos and collect contact information from witnesses. Refrain from discussing fault or making statements that could be misconstrued. As soon as feasible, consult a Philadelphia personal injury lawyer for guidance on legal options, preserving evidence, and initiating necessary steps for a potential claim.
Q: How Long Will My Case Take?
A: Timelines for personal injury cases can vary. However, insurance companies typically try to settle claims within 30 days of filing. It is best not to settle quickly before you have recovered. If you do, it might mean accepting less money than your case is worth, especially if your injuries are severe. Once you sign a release of liability, you cannot pursue further compensation. After an agreement is reached, an insurer typically sends a check within three to six weeks after receiving a signed release of liability.
Q: Should I Accept the Insurance Company’s Initial Offer?
A: Insurance companies may offer settlements quickly, but it is not in your best interests to accept until you have consulted an attorney. Insurers often try to pressure claimants into settling for quick cash, which can be tempting, but more than likely, your case is worth much more.
Q: What if I Can’t Afford Legal Fees?
A: Affordability is a common concern. Personal injury lawyers often work on a contingency fee basis, including Rosenbaum Injury Law. This means we only get paid if you receive compensation. This arrangement alleviates the financial burden associated with hiring skilled legal representation as there are no fees required upfront.
Q: Can I File a Lawsuit if I Was Partly at Fault?
A: As long as you are found 50% or less at fault for your accident, you can still recover compensation. Pennsylvania follows a modified comparative negligence system, which reduces your compensation based on your degree of fault. For example, if you are found 30% to blame, your award will be reduced by 30% but if you are found 51% or more to blame, you cannot recover compensation.
Q: Will My Case Go to Trial?
A: Most personal injury claims are settled before trial, and we will strive to negotiate fair settlements. However, there is the possibility of a trial if a favorable resolution is not reached.
Q: How Do I Choose the Right Personal Injury Lawyer?
A: Choosing the right personal injury lawyer is a crucial decision that can greatly influence the outcome of your case. Start by looking for attorneys with extensive experience in personal injury law, preferably those who have successfully handled cases similar to yours. Read reviews, testimonials, and consider referrals from trusted sources. Evaluate their track record and inquire about their approach to communication and client involvement. Personal injury lawyers often offer free consultations, providing an opportunity to assess their compatibility with your needs. Selecting a lawyer with experience, a solid reputation, and a commitment to your case will enhance your chances of achieving a favorable outcome in your personal injury claim.
Q: What Types of Damages Can I Recover?
A: You may be eligible for various types of compensation, commonly known as damages. These can include economic damages, covering tangible losses like medical expenses, lost wages, and property damage. Non-economic damages address intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life. In cases of extreme negligence or intentional harm, punitive damages may be awarded to punish the responsible party. After evaluating your case, we can explain the types of damages you may pursue.
Contact A Philadelphia Personal Injury Attorney Today
If you or a loved one were injured in an accident due to someone else’s reckless actions, contact Rosenbaum Injury Law. Our compassionate and experienced attorneys can help you recover the compensation you need. Call to schedule a free case consultation with one of our attorneys today.