Phoenixville, PA Personal Injury Lawyer
Victims hurt because of another person’s negligence can typically sue for personal injury in Phoenixville and recover compensation for their damages.
There are many reasons why a person might file a case for personal injury in Phoenixville, such as being hurt in a bicycle accident or a premises liability incident. If a negligent driver hurt you, your auto insurance might impact your ability to recover certain damages. In most instances, personal injury suits must be filed within two years of an accident. Available evidence varies, depending on the circumstances, but often includes witness statements and a victim’s medical records. Settling a claim can cause victims to make unnecessary concessions that going to trial might not require. Compensation is limited in some cases, such as in claims against the government, but in most personal injury claims, victims can recover compensation for all damages they have incurred.
To get help with your case from our Phoenixville, PA personal injury lawyers, call The Reiff Law Firm now at (215) 709-6940.
What to Know About Personal Injury Claims in Phoenixville, PA
If you plan on suing a person who caused you injury in Phoenixville, there are several things you should understand about the process of bringing a personal injury claim and what it entails.
Reasons for Claims
Personal injury is legal term that refers to any instance where one person’s negligent or intentionally wrongful act leads to the physical injuries and subsequent damages of another. Because of this, personal injury claims can be broad and far-reaching, including instances of auto accidents and defective product accidents. Our personal injury lawyers can help you understand whether or not your claim meets the criteria to sue so that you know if you have a case or not. Typically, if someone acted negligently and breached the duty of care they owed to you, causing you damages, you can file an injury claim in Phoenixville.
Serious Injury Threshold
Because personal injury includes auto accident claims, the serious injury threshold could come into play for some victims in Phoenixville. Suppose you have limited tort insurance for your car. In that case, you can only sue the person who harmed you for non-economic damages if your injuries surpass the serious injury threshold. Common injuries that typically qualify victims to sue for pain and suffering include traumatic brain injuries and paralysis. The threshold for serious injury impacts many victims hurt in auto accidents in Phoenixville, including bicyclists, pedestrians, and passengers.
Most personal injury claims are held to the same filing deadline in Phoenixville unless a victim qualifies for an exception. Generally, the deadline to bring a case for injury is two years. While you do have that long to sue, waiting to file can make your claim appear invalid. There is a tolling to the statute of limitations in cases where victims are minors. The minor victim has two years from the date they reach majority age to pursue compensation, or when they turn 20 years old.
Examples of Evidence
Useful evidence varies, depending on a victim’s reason for suing for personal injury in Phoenixville. For example, security camera footage might be available in a premises liability claim, especially if the accident occurred in a store. In auto accident claims, police reports are typically available. In Phoenixville, opinions or conclusions drawn by police officers and included in accident reports are admissible in cases for injury. Eyewitness statements might be available in some instances. If they are not, statements from other witnesses, like experts, can be useful. Regardless, our attorneys will investigate your case to uncover evidence that can be used at trial in Phoenixville.
Going to Trial
While going to court for a civil claim can be daunting for victims, it is often necessary to recover full compensation for their injuries. Settling limits the opportunity for some damages, such as non-economic and punitive damages, and requires concessions on behalf of victims. Taking your case to court allows you to present evidence in front of a judge or jury, provide your own testimony of events, and possibly claim greater damages than settling might have afforded.
Burden of Proof
For civil claims, including those brought because of injury, the burden of proof is lower than that of criminal cases. While in criminal cases, a defendant’s fault must be proven beyond a reasonable doubt, in civil cases, it must be proven that it is more likely than not that a defendant harmed a victim. That does not mean, however, that winning personal injury claims is a simple task. It requires dedicated work and compelling evidence, as an unsuccessful case can leave a victim without compensation for their various damages.
Modified comparative fault laws can occasionally impact plaintiffs in injury claims in Phoenixville. If a defendant is able to claim that a victim somewhat contributed to their injuries because of their own negligent actions, damages given to a victim can be reduced proportionally to their negligence. Comparative fault laws typically impact drivers most but can affect other injury claims if victims are unaware of these laws.
Depending on the defendant in the case, plaintiffs seeking compensation in Phoenixville might see their damages limited. For claims against state agencies, compensation is limited to $250,000. For claims against local government agencies, compensation is limited to $500,000. In claims against medical professionals, punitive damages are limited to three times the amount of compensatory damages given to a plaintiff. In all other cases, compensation is not capped. Remember, victims of auto accidents might be unable to recover non-economic damages, depending on the severity of their injuries. Pennsylvania places no other limits on compensation for pain and suffering or punitive damages.
Get Help with Your Phoenixville, PA Personal Injury Claim Today
Contact the personal injury lawyers at The Reiff Law Firm by calling (215) 709-6940 to schedule a free case analysis today.