Personal injury law encompasses “tort” law, which is a law that was inherited by the U.S. legal system from the British common law. Historically, personal injury cases are one of the most filed types of civil court cases. Most personal injury cases happen either due to negligence or product liability.
If you have been in an accident, your first priority should be getting medical attention. No matter what, you must call 911 immediately after the accident and receive (and take note of, if possible) all the basic medical care you underwent.
You should take note of the time and place where the accident occurred, because this information will play an important role in the future. If you are not so severely injured that you must immediately go to the emergency room, then you should also take videos and photos of the accident scene. You can even take down accounts of the accident from witnesses if they are present at the site.
Once you have received all the necessary medical help, you should speak to an experienced Philadelphia Personal Injury Lawyer. At Chermol & Fishman, LLC, we have experienced Philadelphia Personal Injury Attorneys, who have helped thousands of people get compensation for their injuries and losses.
You can call us for a consultation to find out if you have a case. Our attorneys will evaluate the case and analyze the chance you have of receiving compensation.
Allegations of Negligence in Personal Injury Cases
Most personal injury cases are filed when accidents happen due to negligence, i.e., the failure of a person to exercise a reasonable amount of care in a given situation. To obtain compensation for your loss in an accident, it is necessary to prove the negligence of another person, authority, or a group of people. The plaintiff must show that the main reason behind the accident was someone breaching their duty of care.
Four elements responsible for negligence:
- Duty and Breach- In any potentially hazardous environment, it is important for all parties present to perform their duties without breaching them. If an accident happens and someone gets injured when a person is not following his/her duties, the injured person can file a claim. A breach of duty is, potentially, a failure to discharge one’s duty of care.
- Causation- In order to obtain compensation for a personal injury, the Plaintiff must also prove causation. That means the Plaintiff must show that the Defendant’s breach actually and proximately led to the injury of the Plaintiff.
- Damages-In addition to proving the aforementioned elements, the Plaintiff must also show that they have sustained damages as a consequence of the Defendant’s negligence. Economic damages, non-economic (i.e. emotional) damages, and punitive damages can be recovered through injury claims. An experienced Philadelphia Personal Injury Lawyer can efficiently analyze all types of losses, cost of accidents, and help you claim the true value of the damages.
- Strict Liability Cases- Cases like this involve accidents due to product defects or unusual dangerous activity. It does not require the plaintiff to prove intentional harm. It totally depends on the defendant’s duty to maintain the safety of the environment and the people in it.
“Burden of proof” plays a vital role in personal injury claims
The “burden of proof” requires the plaintiff to prove the other party’s fault for the accident, through supporting documents. Personal injury cases are won by presenting valid evidence which proves the defendant’s wrongdoings.
If the claimant can present all the documents supporting the fact that the defendant caused their injuries, then it may be possible to successfully pursue a personal injury claim . This is where an attorney becomes crucial to your case. To defend your personal injury claim, an experienced lawyer will gather all the documentation necessary and take all the required steps to prove that someone else was at fault. This will help you receive compensation for the losses you have sustained from your accident.
Common types of personal injuries
Many types of injuries and accidents can result in a personal injury claim. All personal injuries happen due to common reasons, but they are analysed in different ways, making each case unique. Our attorneys have an in-depth understanding of tort law and will apply their broad knowledge to your specific case. If you or your closed ones have suffered a severe injury due to negligence, a Philadelphia Personal Injury Attorney can help you.
The most common claims may include:
- Automobile Accidents- Car, motorcycle, and other automobile accidents can happen due to many reasons. These types of accidents can harm drivers, passengers, bicyclists, bikers, pedestrians, and others. Our attorneys can help you file and win a claim if you have suffered from an injury in an automobile accident due to someone else’s negligence.
- Truck Accidents- Tractor-trailers and commercial trucks are enormous and heavier than most other vehicles on the road. The drivers of these large vehicles must be extra careful when driving and follow all traffic rules. Any breach of this may cause an accident, and accidents involving trucks can lead to devastating injuries. If you sustained severe injuries in a road accident involving trucks, make sure to consult an experienced Philadelphia Injury Attorney.
- Workers’ Compensation- If you have suffered a work injury in Philadelphia and are not getting any compensation for your injury or other losses from your employer, a personal injury attorney may be able to help you receive compensation for your injuries.
- Product Liability- These cases happen when a person, despite using the product as directed, suffers injuries as a result of using a product.
- Premises Liability- Property owners have a duty to keep their property safe for others. If someone, for example, slips and falls and faces a severe injury due to a property owner’s negligence, they are potentially liable to receive compensation.
- Medical Malpractice- This is one of the most filed personal injury cases. If any doctor, nurse, pharmacist, or any other healthcare professional’s fault causes you injury or severe illness, this can be a medical malpractice case. Other medical errors include making errors in the medical record of the patient, misdiagnosis, missed diagnosis, or administering incorrect dosage of medicines, to name a few.
If you face any of the above-mentioned accidents due to another’s fault, you should take the next step towards potentially receiving compensation and talk to our attorneys today.
The Importance of Philadelphia Injury Attorneys
An attorney has a crucial role to play in a personal injury case. Though insurance policies cover most accidents, insurers are not always eager to payout. They usually try to limit the payout amount as much as possible.
The insurer might even convince you to agree to an amount much lower than what you deserve by approaching you right after your accident, when you are highly stressed. It is the responsibility of the attorney to make sure you get fair compensation for your injuries and that insurance companies do not take advantage of your emotions.
Our attorneys are highly experienced and have handled a vast number of personal injury cases.
Our Personal Injury Attorneys will take these steps to make a difference in your case:
- Evaluate your case to determine if you are eligible for compensation
- Analyse your losses and request full compensation for all of them
- Make strategic moves to protect your rights
- Do extensive research to gather all the minute details of your accident case.
- Ensure end-to-end legal support for your case
Hiring a personal injury attorney is essential to maximize the compensation you could receive for your damages. An experienced lawyer will correctly identify the parties responsible for the accident and hold them accountable for your losses. The attorney will provide convincing and unequivocal evidence to prove all the elements of negligence.
It is important to remember that you only have one chance to claim compensation for the loss or injuries you have suffered. Therefore, having the support of experienced lawyers from a reputed Philadelphia Personal Injury Law Firms can make the difference between losing and winning the lawsuit.
Frequently asked questions of Philadelphia Personal Injury Attorneys
- How should I react after being in an accident?
If you get injured in an accident, seeking immediate medical help should be your priority. First, you should call the ambulance and police from the accident site. If you are not severely injured, take some photographs and videos of the accident site. Take down contact details of witnesses at the scene and take note of other surroundings. These details will be important if you choose to file a personal injury claim to receive compensation for your injury.
- What is the time limit for filing a personal injury case?
The time limit for filing your case will depend on the statute of limitations in your state. One year from the accident date is the average time limit for filing the case, but in some cases, you may have up to six years. To know what is applicable in your state, you should research the statute of limitations in your state. You can also contact an attorney in your area to get legal assistance for proving liability, and they will make sure to file your case in a timely manner.
- What damages are available in a personal injury case?
You can get monetary benefits for both economic and non-economic damages. When we say economic damages, this can refer to medical bills, loss of wages, property damage, etc., as well as the costs of past, present, and future treatment. Whereas non-economic damages include mental anguish, loss of enjoyment of life, pain and suffering, etc.
Contact a Leading Philadelphia Personal Injury Lawyer
If you have been injured in an accident that happened due to another person’s fault, talk to an experienced Philadelphia injury lawyers.
Attorney’s fees will not be an issue, because we work on a contingency basis. This means we will not ask for any money from you until you receive compensation for your loss.
Contact us today to book a free consultation, and we will fully analyze your case to see if you are eligible for compensation.