When someone gets hurt in an accident, it can be confusing to figure out what happens next. If the accident was someone else’s fault, there may be legal rules that help the injured person get compensation for their medical bills, lost wages, or other damages. This is where the idea of legal liability comes in. Understanding legal liability is important because it helps people know if they have a right to seek compensation after being hurt. In Pennsylvania, personal injury cases follow certain rules that decide who is responsible for the injuries caused in an accident. At, Gibson & Perkins, PC , we are here to guide you through the legal process and help you navigate the complexities of your case.
What is Legal Liability?
Legal liability is a term used to describe the responsibility someone has for causing harm to another person. In a personal injury case, liability usually comes from careless actions or mistakes that result in someone getting hurt. These mistakes are called negligence. When a person or a company fails to act with the care that a reasonable person would use, they may be considered negligent. For example, if a driver runs a red light and hits another car, they may be held liable for any injuries they cause.
To prove that someone is liable for your injuries, there are a few things you need to show. First, you must prove that the person or company had a duty to act in a careful way. This means that they were expected to avoid dangerous actions that could hurt others. Next, you need to prove that they failed to meet this duty by acting carelessly or doing something wrong. Then, you must show that their actions caused your injury. Finally, you need to prove that you suffered real damages, like medical bills or pain and suffering, because of the injury.
Types of Personal Injury Cases
Personal injury cases can happen in many different situations. Some of the most common types include car accidents, slip and falls, medical mistakes, and accidents at work. Each type of case is different, but they all have one thing in common: someone gets hurt because of another person’s actions.
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I highly Recommend Gibson & Perkins. I have used their services for approximately 6 years now and been through a few cases together with very positive outcomes. Personally, I have used Paul Fellman and Walter Timby on those occasions. Both, as a team & separately these Attorneys were wonderful to work with and easily accessible to reach if I had any questions. Professionalism is the word that comes to mind to describe the firm, as a whole. Always completely prepared for any surprises that may pop up during a trial. They were well versed on all pertinent info pertaining to each case. As I client, I always felt I was an integral part of the team, not an after-thought, that had to be brought up to speed a half hour before the trial started. I could not recommend this firm and Mr. Fellman and Mr. Timby any higher.
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In car accidents, for example, drivers have a duty to follow traffic laws and drive safely. If they break these rules and cause an accident, they may be responsible for the injuries that happen as a result. Slip and fall cases happen when property owners don’t keep their premises safe. If someone slips on a wet floor in a grocery store and gets hurt, the store may be held liable. Medical mistakes occur when doctors or other health care providers make errors that cause harm to their patients. Work accidents happen when employers fail to provide safe working conditions.
No matter the type of personal injury case, the person who was hurt has to prove that the other party was negligent and that their negligence caused the injury. This is how legal liability is established.
Shared Fault in Pennsylvania
In Pennsylvania, personal injury cases follow a rule called comparative negligence. This means that even if the injured person was partly at fault for the accident, they can still recover some compensation. However, their recovery will be reduced by the percentage of fault that is their own.
For example, imagine you were in a car accident and you were speeding at the time. The other driver ran a red light and hit you, but the court decides that you were 20 percent at fault because you were speeding. In this case, you could still recover 80 percent of your damages from the other driver.
It’s important to note that in Pennsylvania, if you are more than 50 percent at fault for the accident, you cannot recover any compensation. This means that if the court decides you were mostly responsible for the accident, you won’t be able to receive any money for your injuries.
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How Long Do You Have to File a Personal Injury Claim?
In Pennsylvania, there is a time limit for filing personal injury lawsuits. This is called the statute of limitations. If you are hurt in an accident, you generally have two years from the date of the injury to file a claim. If you don’t file your claim within this time, you could lose your right to recover compensation. There are some exceptions to this rule, such as in cases involving injuries to children or cases where the injury wasn’t discovered right away. But for most personal injury cases, the two-year deadline applies.
It’s important to act quickly after an accident. Not only because of the statute of limitations, but also because the sooner you start the legal process, the easier it will be to gather evidence and build a strong case. Witnesses’ memories may fade, and physical evidence can disappear over time. By acting quickly, you give yourself the best chance of proving your case and recovering compensation.
What Damages Can You Recover?
If you are injured because of someone else’s negligence, you may be able to recover several types of damages. The main goal of these damages is to compensate you for the harm you have suffered. In Pennsylvania personal injury cases, there are two main types of damages: economic and non-economic.
Economic damages are the financial losses you experience because of the injury. These may include medical bills, lost wages if you missed work, and the cost of future medical care or rehabilitation. If the injury caused permanent damage that affects your ability to work, you may also be able to recover compensation for lost earning capacity.
Non-economic damages are meant to compensate you for things that are harder to measure, such as pain and suffering, emotional distress, and loss of enjoyment of life. If your injury has caused you significant physical pain or made it hard to enjoy activities you once loved, non-economic damages can help make up for that.
In some rare cases, you may also be able to recover punitive damages. These are meant to punish the person or company responsible for your injury if their actions were especially reckless or harmful. However, punitive damages are only awarded in extreme cases, and they are not available in every personal injury lawsuit.
How to Build a Strong Personal Injury Case
Building a strong personal injury case takes careful planning and attention to detail. One of the first things you should do after an accident is seek medical attention. Even if your injuries seem minor, it’s important to see a doctor and have your condition documented. This not only ensures that you get the treatment you need, but also provides evidence that you were injured in the accident.
It’s also important to gather evidence from the scene of the accident. If possible, take photos of the scene, your injuries, and any damage to property. If there were witnesses, try to get their contact information so they can provide statements later. In car accident cases, it’s important to file a police report. This can serve as valuable evidence when proving who was at fault.
Finally, keep careful records of all your medical bills, missed time from work, and any other expenses related to the injury. The more evidence you can provide, the stronger your case will be.
Why You Should Get Legal Help
Navigating a personal injury case can be difficult, especially if you’re dealing with serious injuries and medical bills. That’s why it’s important to have legal help on your side. A guide can help you understand your rights and work to get you the compensation you deserve. They can gather evidence, negotiate with insurance companies, and represent you in court if necessary.
An experienced guide understands the complex rules that apply to personal injury cases in Pennsylvania, and they can help you build the strongest case possible. While you focus on healing from your injuries, they can handle the legal details and fight for your rights.
If you’ve been injured in an accident and believe someone else is responsible, it’s important to act quickly to protect your rights. Legal liability can be complicated, but with the right legal help, you can make sure that you are fairly compensated for your injuries.
If you or a loved one has been hurt and needs help understanding your options, Gibson & Perkins, PC is here to assist you. Contact us to discuss your case and learn how we can help you through this difficult time. We are committed to helping injured people in Pennsylvania get the compensation they deserve.