A personal injury cause of action may be accrued when a person suffers an injury due to the negligent actions of another. For example, if a negligent driver causes a collision that leads to a victim sustaining bone fractures and other injuries, the victim could pursue a personal injury lawsuit against the driver. We are here to evaluate your claim and help you pursue the compensation you need. If you or a family member was a victim of a personal injury lawsuit, you should consult with an experienced Bethlehem personal injury lawyer as soon as possible.
At the Reiff Law Firm, we believe in helping victims of an accident seek compensation from the person or entity that caused their injuries and other losses. Let our dedicated team of Bethlehem, PA personal injury lawyers listen to the details of your case to determine your legal options to pursue damages. To schedule a free legal consultation to discuss your potential case, contact the Reiff Law Firm at (215) 709-6940. You may also contact us by using our online submission form.
Collecting Evidence in a Personal Injury Lawsuit in Bethlehem, PA
If you sustained an injury in Bethlehem due to the actions of a negligent person, you are likely concerned about how you can hold them accountable for their actions. To support a personal injury lawsuit, a victim should ensure they have sufficient evidence.
It is important to note that the evidence you need to prove your case may vary depending on the circumstances of your case. For example, if you were injured in a car accident, you should ensure you have a plethora of information concerning factors that led to the accident. If a driver ran through a stop sign and collided with your vehicle, you can take photos of the intersection where the accident occurred. There are other valuable pieces of evidence that can help you prove a car accident lawsuit:
- Photos of the damage to your vehicle
- Statements from witnesses that observed the accident
- Name of the driver and their insurance company
- Name of the company that employs the driver if it was a commercial vehicle accident
- Any weather that may have attributed to the accident
Additionally, if you were injured in another type of accident like a slip and fall, the evidence you need to prove your claim could be different. For example, it would be wise to take pictures of the area where you were injured when gathering evidence for a slip and fall claim.
Documenting your injuries is also an essential part of proving your case. It would be best if you got medical attention for your injuries from an accident as soon as possible. A doctor can help you understand the severity of your injuries and the treatment you will require to recover from your injuries. If you sustained an injury that will affect you for the rest of your life like disfigurement, this is valuable information that is needed to determine the damages for your injuries.
Depending on the circumstances of your case, the Reiff Law Firm can help you collect evidence to give you a better chance at prevailing in your personal injury lawsuit. To learn more about proving negligence in a personal injury lawsuit, you should continue reading and speak with an experienced Bethlehem personal injury attorney today.
Proving Negligence in a Personal Injury Lawsuit in Bethlehem, PA
The evidence you collected in anticipation of litigation will be vital when trying to prove your case. Personal injury lawsuits typically operate on a theory of negligence. This means that the plaintiff is required to show which of the defendant’s actions were negligent and thus caused the accident. A plaintiff must show the following four elements must be proven to show negligence:
- The defendant owed the plaintiff a duty of care
- The defendant breached the duty of care (e.g., caused a car crash)
- The plaintiff was injured or suffered other losses due to the defendant’s breach
- The plaintiff sustained an injury or losses that is compensable by a court of law
Once a plaintiff has proven these elements, they can be awarded damages for their injuries and losses. Note, however, that Pennsylvania’s negligence laws could affect how much a plaintiff can receive in damages.
Pennsylvania operates on the modified comparative negligence rule. This modified comparative negligence rule states that a plaintiff’s contributory negligence will not bar their damages as long as the plaintiff is not more negligent than the defendant. As a result, a plaintiff’s level of fault cannot exceed 50%; if it does, the plaintiff will be barred from recovery. For example, if a court finds that a plaintiff was 51% negligent for a car accident, the plaintiff cannot receive damages.
Additionally, the plaintiff’s damages will be decreased by the amount of their negligence. This means that if a plaintiff were 30% negligent, they would lose 30% of their damages. To avoid having your damages affected by the modified comparative negligence rule, it is vital to gather extensive evidence to prove that you did not act negligently.
Contact Our Experienced Bethlehem Personal Injury Attorney
If you or a family member was injured in a car accident, workplace accident, slip and fall, or under other circumstances, you should contact an experienced Bethlehem personal injury attorney. Our committed team of personal injury attorneys possesses decades of collective legal experience, and we would be grateful to work with you. To schedule a free legal consultation to discuss your potential personal injury lawsuit, contact the Reiff Law Firm at (215) 709-6940 or contact us online.