Bensalem, PA Personal Injury Lawyer
Personal injury claims are often complicated, leaving victims without representation often at a lower chance of recovering compensatory damages in Bensalem.
Although victims should follow the standard two-year filing timeframe for personal injury cases, exceptions do apply in some instances. For example, if a victim was a minor at the time of an accident, the statute of limitations will pause until they turn 18, giving them until the age of 20 to sue. There is also tolling for delayed discovery. Several types of personal injury cases, like motor vehicle, pedestrian, and bike accident claims, are impacted by Pennsylvania’s no-fault insurance system. In such situations, whether or not a victim can recover certain damages might depend on the type of insurance they have. When filing a personal injury lawsuit, it is important to understand the burden of proof you will face as the plaintiff and meet it using convincing evidence of the defendant’s fault.
Call The Reiff Law Firm’s Bensalem, PA personal injury lawyers at (215) 709-6940 to set up a free evaluation of your case.
Exceptions to the Statute of Limitations for Personal Injury Claims in Bensalem, PA
In Bensalem, victims typically have two years to pursue compensation through personal injury claims. While you should not anticipate exceptions to the statute of limitations to affect your case, as doing so might cause you to miss the filing deadline, an exception might apply. For example, there is tolling in cases involving minor victims, when defendants attempt to conceal their identities, and when discovery of injuries is delayed.
Tolling for Minor Victims
If a negligent party hurts you or your child as a minor, the statute of limitations will be tolled in Bensalem. Instead of having two years from the day an accident occurred to sue, a minor victim will have two years from the day they reach majority age, or when they turn 20 years old.
Tolling for Delayed Discovery
When accidents occur, injuries are not always immediately apparent. In Bensalem, the statute of limitations can be tolled until a victim becomes aware of their injuries, usually through a medical diagnosis. Tolling for delayed discovery is not applied in every case, so it is important that victims get confirmation from our personal injury lawyers if the clock is paused in their situation. If not, they might have less time than they anticipated to sue, in which case acting quickly would be crucial.
Tolling for Defendant Concealment
If a negligent party leaves the state of Pennsylvania for more than four months after causing you injury and before you file a lawsuit, the statute of limitations will be tolled for that period of time. Furthermore, if the person that harmed you attempted to conceal their identity from you by using a fake name, the statute of limitations to file a personal injury claim would also be tolled in Bensalem.
Eligibility to Sue for Certain Personal Injury Claimants in Bensalem, PA
Some personal injury claims, such as those arising from auto accidents, are limited regarding recovery, depending on the type of insurance a victim has and how severe their injuries are in Bensalem.
In Pennsylvania, the types of auto insurance victims have will dictate when they can sue and what damages they can recover in personal injury claims involving car accidents. This is the case whether you were hurt as a pedestrian, driver, or bicyclist in Bensalem. If you have full tort insurance or are otherwise covered by a full tort plan, you can sue for both economic and non-economic damages.
If you have limited tort coverage, which many people do, you cannot sue for non-economic damages unless you sustain a serious injury. Such injuries might be spinal cord injuries, disfigurement, loss of limb, or brain injuries. It is important to understand that this rule applies to many types of personal injury cases in Bensalem, including many pedestrian, car, and bicycle accident claims. Motorcycle accident claims are unaffected by this rule.
If you were not hurt in a situation where the type of auto insurance you have would impact things, you would not have to meet a serious injury threshold in order to sue in Bensalem.
The Burden of Proof in Bensalem, PA Personal Injury Claims
In all personal injury cases in Bensalem, the burden of proof is on the plaintiff. It is your job, as the victim, to prove that it is more likely than not that the defendant caused your injuries.
The burden of proof in a personal injury claim is the same, regardless of the claim’s origin. Whether you were hurt in a slip and fall accident or by a defective product, you must meet the burden of proof standard, which is known as a preponderance of the evidence. Although you will not have to prove fault beyond a reasonable doubt, you must still establish that the defendant harmed you.
To do so will require evidence. Through an investigation into your accident, our attorneys will aim to find evidence that shows how the defendant breached the duty of care they owed you and caused the injuries that resulted in you incurring actual damages. To achieve this, witness statements and your medical records might be used, as well as surveillance footage.
Not all claims for personal injury are cut and dry, and a defendant might attempt to argue that a victim also acted negligently, contributing to their injuries. This is in the defendant’s best interest, as Pennsylvania’s modified comparative fault laws mean a victim’s awarded damages will be reduced if they share liability for their losses. You can refute such arguments by presenting clear evidence of a defendant’s fault to recover total compensation for your injuries and pain and suffering in Bensalem.
Recover Compensation for Your Injuries in Bensalem, PA
For a free and confidential discussion of your case with our personal injury lawyers, call The Reiff Law Firm today at (215) 709-6940.