If you were hurt in an accident in Berwick, Pennsylvania, you likely have many questions about your legal rights.
Personal injury claims help accident victims recover compensation when another person’s negligence causes harm.
Below are answers to some of the most common questions people ask after an injury accident.
What Is a Personal Injury Claim?
A personal injury claim is a legal action brought by an injured person against the party responsible for causing an accident.
The goal of a personal injury claim is to recover compensation for losses related to the injury.
Personal injury cases can arise from many types of accidents, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and fall accidents
- Workplace accidents
- Pedestrian accidents
- Bicycle accidents
- Medical malpractice
- Wrongful death cases
Most personal injury claims are based on negligence. Negligence occurs when a person or business fails to use reasonable care and causes harm to someone else.
What Do I Need to Prove in a Pennsylvania Personal Injury Case?
To recover compensation, you generally must show that another party was negligent.
This usually requires proving four elements:
- The other party owed you a duty of care.
- They breached that duty.
- Their actions caused your injury.
- You suffered damages as a result.
For example, drivers have a duty to follow traffic laws and operate their vehicles safely. If a driver runs a red light and causes a crash, they may be liable for injuries suffered by others.
Evidence often used in personal injury cases includes accident reports, medical records, photographs, surveillance footage, witness statements, and expert testimony.
How Much Is My Personal Injury Case Worth?
There is no average settlement that applies to every injury claim.
The value of a case depends on several factors, including:
- The severity of your injuries
- The extent of your required medical treatment
- Whether you can return to work, and in what capacity
- The impact of the injury on your daily life
- The amount of available insurance coverage
- Whether liability is disputed
- Whether you are being blamed for your injuries
Generally, more serious injuries that require extensive treatment or cause permanent limitations tend to result in higher compensation.
An attorney can review the details of your situation and provide a better estimate of your claim’s potential value.
What if I Was Partially at Fault for the Accident?
It can affect your compensation because Pennsylvania follows a modified comparative negligence rule. Under this system, you may still recover compensation if you were partially responsible for the accident, as long as you were not more than 50% at fault.
However, your compensation will be reduced by the percentage of fault you bear.
For example, if you are awarded $100,000 but are found 20% responsible for the accident, your recovery would be reduced to $80,000.
Insurance companies often try to place more blame on injured victims to reduce payouts. This is one reason why gathering strong evidence is important.
How Long Do I Have to File a Personal Injury Lawsuit in Pennsylvania?
Pennsylvania generally gives accident victims two years from the date of the injury to file a personal injury lawsuit. Missing this deadline can prevent you from recovering compensation.
Certain situations may involve different deadlines. Claims against government entities and cases involving minors can have special rules.
Because evidence can disappear and witnesses’ memories can fade over time, it is often best to begin investigating a claim as soon as possible.
Do Most Personal Injury Cases Go to Trial?
Most personal injury cases settle before reaching trial. Settlement negotiations often begin after the injured person completes medical treatment or when the parties have enough information to evaluate the claim.
A settlement can provide compensation without the time, expense, and uncertainty of a trial. However, if the insurance company refuses to offer a fair settlement, filing a lawsuit and going to court may become necessary.
Each case is different, and the best strategy depends on the specific facts involved.
Should I Talk to the Insurance Company After an Accident?
You should be cautious when speaking with insurance adjusters.
Insurance companies often contact injured victims soon after an accident. While they may seem helpful, their goal is usually to limit the amount of money the company pays.
Before giving a recorded statement or accepting a settlement offer, it is important to understand the full extent of your injuries and damages.
Keeping copies of medical records, bills, and accident-related documents can also help protect your claim.
What Should I Do After an Accident in Berwick?
The steps you take after an accident can affect both your health and your legal claim.
Important actions may include:
- Seeking medical attention immediately
- Following your doctor’s treatment recommendations
- Reporting the accident when appropriate
- Taking photographs of the accident scene
- Collecting witness contact information
- Preserving evidence
- Keeping records of expenses and lost income
Prompt medical treatment not only protects your health but also creates documentation that may support your injury claim.
Contact the Berwick Personal Injury Lawyers at Fellerman & Ciarimboli Law PC for a Free Consultation
If you were injured because of someone else’s negligence, you may have the right to pursue compensation for your medical expenses, property damage, out-of-pocket expenses, and other losses. Understanding your rights is an important first step toward protecting your future.
The Berwick personal injury lawyers at Fellerman & Ciarimboli, Law PC, help accident victims navigate the legal process and pursue fair compensation. Contact the firm’s attorneys today at (570) 714-4878 to schedule a consultation and learn more about your legal options.