You have to prove four crucial elements to win a personal injury case. Leave that to our lawyers, who can prove fault using photos, medical evidence, witness testimony, and other evidence.
See whether you have the right to sue for an injury by discussing a recent accident with our attorneys. We can confirm if the party who injured you owed you a duty of care and was negligent. Even if you contributed to an accident, you may still recover most of your damages in a lawsuit in Pennsylvania. That includes all tangible expenses, such as hospital bills and lost wages, as well as intangible expenses, such as pain and suffering.
You can call The Reiff Law Firm at (215) 709-6940 to schedule your case review with our personal injury lawyers.
What Do You Have to Prove in Your Personal Injury Case?
We appreciate what it takes to prove a personal injury case and can explain the four crucial elements of a successful lawsuit.
Duty of Care
First, a personal injury plaintiff must establish that the defendant owed them a duty of care to act responsibly and with their safety in mind. More people may owe you a duty of care than you realize. This includes other drivers sharing the road, the owner of a property you visit, or the manufacturer of a product you bought and used. Provide details of your accident, and we can determine whether a duty of care existed.
Breach of Duty
Second, the plaintiff must prove there was a breach of the defendant’s duty of care. Any intentional or negligent act may constitute a breach of duty, such as driving well over the speed limit or failing to address hazardous property conditions. Even something that appears entirely accidental might be a breach of duty, so get confirmation from our personal injury lawyers.
Causation
Negligent acts do not guarantee accidents, and it is not enough to prove that the defendant was negligent in the vicinity of the plaintiff. The plaintiff in a personal injury case must prove that the negligent action directly caused their personal injury. This can be one of the most challenging elements to prove, so having our lawyers’ help is especially important.
Damages
Finally, the plaintiff must prove all the damages they incurred as a result of the defendant’s negligence. Although economic damages like hospital bills and lost wages may be the most financially impactful, non-economic damages are just as likely if you suffer a personal injury, and we must also prove the extent of these damages.
What Evidence Helps You Prove Your Personal Injury Case?
Personal injury cases rely on evidence for success, and we can prioritize evidence preservation when overseeing your case in Pennsylvania.
Photos
Taking photos can preserve the accident scene after a slip and fall, car crash, or another incident. We may use photos to reconstruct what happened and present a clear sequence of events during your case. Always take pictures if you are physically able. Our lawyers can gather photographic and video evidence from other sources, like eyewitnesses.
Medical Evidence
Medical evidence lets us prove when you were injured, what your exact injuries were, what treatment you received, and how much it all cost. Medical evidence is essential to a personal injury case. You might not get full compensation if there are significant gaps in your treatment, so do not miss doctor visits.
Witness Testimony
Witness testimony can corroborate photos, accident reconstruction, and other evidence we present during a personal injury case. Tell our lawyers if you spoke with eyewitnesses after a car accident, slip and fall, or any other accident caused by negligence or intentional misconduct. Even if you did not notice eyewitnesses afterward, our lawyers may be able to track them down and get their statements.
Answering Personal Injury FAQs
What Gives You the Right to Sue for a Personal Injury?
Someone being negligent, breaching their duty of care, and injuring you gives you the right to sue for compensatory damages in Pennsylvania. Whether you immediately have the right to sue after a car accident specifically depends on the type of insurance you have.
How Many Years Do You Have to Sue for a Personal Injury?
Pennsylvania gives personal injury victims 2 years to file lawsuits. Tolling exceptions apply to specific cases that delay the accrual date and effectively give victims more time to sue.
What if You Contribute to a Personal Injury?
Contributing to a personal injury does not bar you from recovering damages, as Pennsylvania is a modified comparative fault state. Damages will be reduced, however, proportionally to your contribution, so minimizing your involvement may be important.
What Are Top Damages from Personal Injuries?
The following are some of the top damages from personal injuries of all kinds in Pennsylvania:
- Medical bills
- Lost wages
- Property damage expenses
- Physical pain
- Mental suffering
- Emotional distress
What Are Top Causes of Personal Injuries?
The top causes of personal injuries in Pennsylvania include car accidents, construction accidents, defective product accidents, and slip and fall accidents. Even if your injury was due to an uncommon cause, you may still have a valid claim.
When Can You Get Punitive Damages for a Personal Injury in Bangor, PA?
Punitive damages are only permitted for outrageously malicious or reckless conduct in Pennsylvania. This makes them rare in most personal injury claims, which are typically filed for acts of ordinary negligence, like speeding.
How Can You Help Your Personal Injury Case?
Help your personal injury case by attending all scheduled doctor appointments, not engaging in any activity that could exacerbate your injury, not returning to work prematurely, and not discussing your case on social media or with anyone other than our skillful lawyers.
Come to Us with Your Personal Injury Case
Call (215) 709-6940 for a free case review from the personal injury lawyers at The Reiff Law Firm.
