Montgomery County Personal Injury Lawyer
From car crashes to workplace negligence, suffering an injury in any kind of accident can have devastating consequences. You can lose significant amounts of wages, pay for intensive medical care, and struggle with severe physical and emotional pain and suffering. While no amount of money can completely restore your quality of life, a Pennsylvania personal injury lawsuit can compensate you for your losses.
The Montgomery County personal injury attorneys at Rosenbaum & Associates advocate for the rights of accident victims in the courtroom and at the negotiating table. If you are suffering from a recent injury due to someone else’s negligence, we can help you seek justice. Contact our firm for a free consultation to see how our attorneys can help your case.
Montgomery County Personal Injury Resources:
- Why Choose Us?
- What Is a Personal Injury?
- What are Common Types of Personal Injury Cases?
- How Much Is a Personal Injury Case in Montgomery County, PA Worth?
- How Liability Affects a Personal Injury Case’s Value?
- The Impact of Insurance Policy Limits on Case Value
- What Damages Can Be Recovered In a Personal Injury Case?
- What Is The Statute of Limitations to File a Personal Injury Claim in Pennsylvania?
- What Should I Do After Suffering a Personal Injury in Montgomery County, PA?
- Do I Need a Personal Injury Lawyer in Montgomery County?
- How Much Does It Cost to Hire a Personal Injury Attorney in Pennsylvania?
- Contact Us
Why Choose Us
- For the past 25 years, our firm has only handled personal injury cases. We have significant litigation experience across multiple practice areas, including workers’ comp, slip and falls, car accidents, and more.
- Although many personal injury claims settle out of court, our attorneys always prepare each case for trial. We are prepared to fight to obtain your maximum recovery.
- Our results speak for themselves — Rosenbaum & Associates has secured millions of dollars for thousands of clients over our years of operation
What Is a Personal Injury?
A personal injury occurs when you sustain an injury due the actions of another person or entity. These injuries can be physical and emotional in nature, but for an accident to qualify for personal injury litigation, the at-fault party must have committed an act of negligence. You can establish negligence if the at-fault party, through an act or omission, breaches his or her duty of care to you and causes your injuries.
What are Common Types of Personal Injury Cases?
- Montgomery County Car accidents
- Defective and dangerous products
- Public transportation collisions
- Slip and falls
- Medical malpractice
- Nursing home abuse
- Train accidents
- Motorcycle crashes
- Workplace accident
How Much Is a Personal Injury Case in Montgomery County, PA Worth?
It’s normal to wonder how much your personal injury case is worth, but unfortunately, there is no one-size-fits-all answer to this question. Each case’s value is directly linked to its unique circumstances. However, the extent of the physical and emotional losses you have suffered will help identify the economic & non-economic damages you are entitled to in a personal injury case.
What Factors Can Determine a Personal Injury Case’s Worth?
- The severity of your injury.
- Your age, occupation, past medical history, etc.
- The extent to which your injury has impacted your life and future.
- The amount of expenses incurred as a result of the accident, such as hospital and medical bills, rehabilitation costs, prescription drug costs, lost wages, and diminished earning capacity.
- The projected costs of future medical care.
- The physical and emotional pain and suffering you have and are experiencing.
- Whether you were partially to blame.
- The strength of evidence against the defendant (at-fault party).
- The degree of negligence exhibited by the defendant.
- Insurance policy limits for both you and the liable party.
A successful personal injury claim requires careful and thorough documentation to prove the amount of compensation you are entitled to. Since pain and physical or emotional suffering are often challenging to translate to a monetary figure, it is a good idea to keep a diary or notes about your daily pain, symptoms, and any limitations.
How Liability Affects a Personal Injury Case’s Value?
Under Pennsylvania’s modified comparative negligence rule, each party’s contribution to the accident will be assigned a percentage. This law holds each party accountable for their share of the blame by reducing a victim’s compensation according to their degree of negligence. However, if you are found 51 percent or more at fault, you cannot recover any compensation.
For example, if the court awards you $100,000, but you are found 50% at fault, you will receive 50% of the award or $50,000. In contrast, if you are found 51%, you will not receive any part of your award. Therefore, the less substantial the evidence against you, the increased chance of a higher award. As a result, the at-fault party’s insurance company may use tactics against you to decrease their liability, for example, by getting you to make a statement that hurts your claim or admit fault by asking questions worded in a way to trick you.
The Impact of Insurance Policy Limits on Case Value
It may be surprising to learn that the at-fault party’s insurance policy can play a significant role in your case’s value. Insurance policies have limits, which are the maximum amounts that an insurance company has to pay out per person injured and per accident on behalf of their policyholder. If your losses exceed the defendant’s policy limits, you may not be able to recover the difference. Insurers do not have to pay past policy limits.
The only option you will have to recover compensation beyond policy limits is to sue the at-fault party personally or pursue a claim against another party that contributed to the accident. However, even if you win, there is no guarantee that the at-fault party will have the money or assets to cover your damages.
As you can see, assigning a figure to a personal injury claim is incredibly complicated. To learn an accurate estimate, it is best to consult with an attorney who can help identify how much your specific case is worth.
What Damages Can Be Recovered In a Personal Injury Case?
Personal injury victims are entitled to recover damages. Damages is a legal term that describes the different types of compensation that can be recovered in a settlement or award. There are two types of damages: compensatory and punitive.
Compensatory damages provide compensation to a victim to make them “whole” or again, or as close as possible to the state they were in before the accident. There are two subcategories of compensatory damages: economic and non-economic damages.
Economic Damages: Compensation that reimburses actual financial losses. To recover economic damages, you must provide physical documentation of the expenses. Some examples include:
- Current and future medical bills: Emergency visits, hospital stays, physical therapy, outpatient procedures, prescription medications, in-home medical care, rehabilitation costs, etc.
- Property repair or replacement
- Current and future lost wages from missed work while you recover
- Diminished earning capacity (if you are no longer able to earn income at the same level as before the accident)
Non-Economic Damages: The compensation awarded does not reflect specific financial losses. It is compensation for subjective or personal losses, so it is much more challenging to prove the amount you deserve. For instance:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of opportunity
- Loss of consortium
- Physical impairment (e.g., disability, loss of a limb)
- Unjust hardship
The second type of damages, punitive damages, are only available in some personal injury accident cases. It is rarely awarded because it is reserved for cases that involve a defendant who acted with an extreme reckless disregard for the safety of others. Punitive damages are intended to punish the at-fault party, as well as deter others from committing similar harmful acts in the future.
What Is The Statute of Limitations to File a Personal Injury Claim in Pennsylvania?
All states impose a statute of limitations on personal injury cases, Pennsylvania included. That statute of limitations limits the amount of time a victim has to pursue a claim. There are some exceptions, but you generally have two years from the date of the injury to file a lawsuit under 42 Pa C.S.A. § 5524. This deadline is critical to know because failing to bring a lawsuit within this time will likely result in the court dismissing your case and being barred from recovering compensation.
Claims Against the Commonwealth of Pennsylvania
If your claim is against a government agency or employee, you must give notice of your intention to file a claim within six months of the injury.
In some cases, the two-year time limit can be delayed if an injured person is unaware they were injured. If your claim qualifies, the statute of limitations will begin to run once you discover your injury. The discovery rule often applies to medical malpractice cases. For example, if a surgeon leaves behind an item in a patient during surgery, but the patient is unaware of that fact until several years later, beyond the two-year deadline.
When the injury victim is a minor who is not legally emancipated, the two-year time limit is “tolled” or delayed and does not begin to run until they turn 18.
The Defendant is Out of State
If, for some reason, the defendant is out of state for over four months when a victim has the right to bring a claim, their period of absence does not count towards the two years. This rule also applies when a defendant remains in Pennsylvania but conceals their identity.
What Should I Do After Suffering a Personal Injury in Montgomery County, PA?
After a personal injury accident occurs, it is imperative for injured victims to remember important components that can assist victims in a potential personal injury claim. The actions and comments made by an injured victim can impact a potential personal injury claim.
If you have suffered a personal injury in Montgomery County, PA victims need to ensure the following steps are taken:
- Get medical care – Not all injuries manifest in the form of immediate pain. Sometimes a victim’s adrenaline can cause symptoms of an injury to be delayed. If you have suffered any sort of personal injury, it is important to seek medical care as soon as possible after the injury occurred. Medical attention can not only provide the necessary medical treatment to help a victim recover from their sustained injuries, but medical records can be critical in any personal injury claim.
- Contact Insurance – After medical treatment has been received, contact your insurance company to notify them of any injuries suffered along with any property damage that resulted from an accident. Insurance may want you to make a recorded statement, however you are not legally obligated to do so.
- Save All Receipts & Records – After suffering an injury, it is important to keep records of everything related to the injury. From photos of the accident, medical records, insurance correspondence and the like. Anything pertinent to the case should be documented. Remember to make copies of all important documents in the event that the originals are damaged or misplaced. Backing these files up on a computer and can help ensure records of these documents are safe throughout a personal injury claim.
- Contact a Personal Injury Attorney – If you believe that an insurance settlement offer does not meet the level of damages suffered in your case, contact a personal injury attorney in Montgomery County, PA. Personal injury lawyers can help recover larger settlements than insurance companies may offer.
Do I Need a Personal Injury Lawyer in Montgomery County?
After an accident, you can face serious financial hardship in addition to your injuries. You may hesitate at hiring a lawyer to represent your claim, since legal fees are often expensive. The truth is that most personal injury firms, including Rosenbaum & Associates, operate on a contingency fee basis — you only pay legal fees if we secure a settlement, and your fee will come out of the compensation you receive.
Hiring a personal injury lawyer is not only accessible due to this arrangement — your attorney can provide significant benefits to your case.
- Your Montgomery County personal injury lawyer will have experience negotiating with insurance companies and other attorneys, and can represent you in these discussions.
- Entering a courtroom can be intimidating, but your lawyer would have handled many other cases before yours. Your attorney will help you understand what to expect and how to prepare.
- Many personal injury cases require expert testimony to prove. Your lawyer will have access to medical experts, accident reconstruction specialists, economists, and other qualified individuals who can provide insight into your injuries.
- You may not know the full value of your injury claim. Your attorney can evaluate your claim and calculate an estimated settlement, ensuring you do not accept a lower offer than you need
How Much Does It Cost to Hire a Personal Injury Attorney in Pennsylvania?
While many attorneys charge a hefty hourly rate, we offer skilled legal representation on a contingency fee basis. We do not require a fee upfront.
What Is a Contingency Fee?
A contingency fee means all case-related expenses are covered, and your attorney only gets paid when you do. There is no cost to you out-of-pocket. Most firms deduct between 33 to 40 percent of final compensation, plus court costs. The percentage may be a tiered fee, which means it will vary depending upon the length of time and effort it takes to resolve your case. For example, 33 percent if your claim resolves in a settlement fairly quickly, and 40 percent if your case goes to trial. If you do not recover compensation, neither does your lawyer. Other attorneys decide their contingency fees on a sliding scale depending on how much compensation a client recovers. For example, 40 percent of a recovery up to $100,000; 33 percent of a recovery between $100,000 to $500,000, and 25 percent of a recovery over $500,000, etc.
A contingency fee arrangement allows personal injury victims to obtain representation without the stress of its cost. At the same time, it also gives attorneys a considerable incentive to ensure their clients win. However, because contingency fee agreements can widely vary, it is critical to discuss the exact terms with your attorney.
Contact Rosenbaum & Associates Today
If you need a personal injury attorney on your side, look no further than Rosenbaum & Associates. Our attorneys have the skills and experience you need to fight for your right to compensation, and with our firm, you will always have an advocate on your side.
Contact us today to schedule your free consultation with a Montgomery County personal injury attorney.