Delaware County Personal Injury Attorney
Whether you suffer a fall on a slippery floor or are involved in a motor vehicle crash, a personal injury can seriously impact your physical, emotional, and financial health. These accidents can happen at any time, to anyone — and if someone else’s negligence is to blame, you may be eligible for financial compensation.
Why Choose Us
- Rosenbaum & Associates exclusively handles personal injury cases, ensuring we have the skills and knowledge necessary to represent your lawsuit or insurance claim.
- We have over 25 years of experience representing Pennsylvania residents in their civil lawsuits, recovering millions of dollars to help our clients recover from their injuries.
- Our firm operates on a contingency fee basis. We will not collect legal fees unless we secure a settlement on your behalf
Common Types of Personal Injuries
A personal injury occurs when you suffer an injury to your body or mind as a result of someone else’s negligence or omission. Many types of accidents fall under the personal injury category, including the following.
- Car accidents
- Slip and falls
- Dangerous and defective products
- Dog bites
- Birth injuries
- Medical malpractice
- Workplace accidents
- Public transportation collision
How Do You Prove Negligence After a Personal Injury Accident in Pennsylvania?
Delaware County residents can collect monetary damages after a personal injury by filing a personal injury lawsuit or insurance claim against the at-fault party. Rosenbaum & Associates can represent your best interests throughout both of these processes. Contact our Delaware County personal injury attorneys to discuss your case during a free consultation.
Delaware County residents who suffer personal injuries may be eligible for financial compensation — but not all accidents qualify for this litigation. You will have to establish that the at-fault party in your case committed an act of negligence. To prove negligence, you will need to establish the following facts.
Duty of Care
The defendant in your claim owed you a duty of care at the time of the accident. This refers to the legal obligation to exercise reasonable care in preventing others from being harmed, which is what separates an inevitable accident from an accident caused by negligent actions. However, some situations call for a higher or lower standard of care, depending on the relationship between the parties. For instance, drivers owe a duty to others on the road to follow traffic laws, such as coming to a complete stop at red lights and yielding the right of way at stop signs. Doctors have a legal obligation to their patients to provide a degree of care and skill that an average healthcare provider in the same specialty would. A case of negligence can only exist if a plaintiff (victim) can show that the defendant (at-fault party) owed them a duty of care when the injury or death occurred.
Breach of Duty of Care
The defendant breached this duty of care through a negligent act or omission. A breach of care can be a failure to act to prevent an injury or a wrongful action resulting in injury. There are a variety of situations in which a breach of duty can occur. Some examples include texting while driving and causing an accident, a physician prescribing the wrong medication or failing to order laboratory tests, a manufacturer distributing a contaminated drug or a defective product, etc. Whether or not the defendant acted “reasonably” under the circumstances due to the degree of care expected of them and compared to what another reasonable person or doctor would have done is often the most contentious issue in personal injury cases.
The breach of duty directly caused the injuries you suffered. You must provide evidence that your injuries are directly linked to the defendant’s violation of care. The at-fault party can only be held responsible for the harm caused by their actions or their failure to act.
You can collect monetary damages for your injuries through your lawsuit. Since the purpose of a personal injury lawsuit is to obtain compensation, the final element requires evidence on the nature and extent of your injuries and financial losses. The types of damages you may require reimbursement for can include current and future medical bills, property damage, lost income, diminished earning capacity, pain and suffering, emotional distress, and more.
For example, if you suffer injuries in a collision with a speeding driver, you can establish duty of care since all drivers have the responsibility to follow the speed limit. You can use surveillance footage and police reports to prove your claims, and medical records, invoices, and witness testimony to prove the cause of your injuries and need for damages. Your attorney can help you collect all available evidence, as well as calculate the value of your claim.
Why is Proving Negligence Important?
The success of a personal injury case and the amount of compensation you recover hinges on your ability to prove the defendant’s negligence is responsible for your injuries. Pennsylvania follows a “modified comparative fault” system. This doctrine can shift at least part or all of the blame for a personal injury accident from the alleged at-fault party to the victim. Each party will be assigned a percentage of fault, and if the defendant can prove you also caused the accident, and if the courts find you partially responsible, your award will be reduced accordingly. If you are 51% or more to blame, you cannot receive any compensation
For example, an insurance company may admit that its policyholder failed to yield the right of way but also argue that your excessive speed is what caused your car accident. If the court agrees that your negligent actions contributed to the collision, your percentage of liability will reduce your compensation. Say the court awards you $100,000, but you are found 40 percent responsible, you will only receive 40 percent of your compensation, or $40,000. If the court finds you 51% responsible, you will not receive any part of the award.
How Long Do You Have to File a Pennsylvania Personal Injury Lawsuit?
All states impose deadlines on civil lawsuits, and Pennsylvania personal injury claims are no different. In most cases, you have two years from the date of your injury to file your lawsuit in civil court. If you fail to meet this deadline, the court will likely refuse to hear your case and you will lose your chance at collecting compensation.
There are some exceptions to this rule. If you were under the age of 18 at the time of the accident, the clock starts running once you turn 18 and you will need to file by your 20th birthday. If the at-fault party leaves Pennsylvania for more than four months or conceals himself or herself under a false name within the state, the absence will not count toward the two-year period.
To ensure you meet the correct filing deadline, speak to an attorney at Rosenbaum & Associates as soon as possible.
Contact a Delaware County Personal Injury Lawyer
Victims of personal injuries deserve justice for their damages. The attorneys at Rosenbaum & Associates have over 25 years of experience advocating for the rights of injured Delaware County residents, and our firm has the skills and resources necessary to represent your claim.
Contact our firm today to schedule a free consultation with one of our Delaware County personal injury attorneys.