Getting the damages you need after an injury case can be tricky. Insurance companies and at-fault companies will do what they can to avoid paying you or to settle for such low values that your damages are not even covered.
That is where our lawyers come in. We can fight for you, work to maximize damages, and take reluctant insurance companies to court. There, we can use the evidence and testimony we have to get the jury on your side and win your case.
For a free case evaluation with personal injury attorneys who will fight for you, call The Reiff Law Firm at (215) 709-6940 today.
Do I Have a Case?
For you to have an injury case, you usually just need a few things:
- Another person or company responsible for your injuries
- Enough damages that you are worried about paying for them
- Proof of what happened.
Many injury cases are as simple as a car running a red light and hitting you or a store causing you to slip on their un-shoveled parking lot. It does not take much to seriously injure you and leave you with damages.
In many cases, damages involve medical bills, lost wages, and pain and suffering – all of which you can claim against the at-fault parties. However, you need enough evidence to prove your case.
Your testimony is going to be the base evidence, but we can back this up with any relevant photos, videos, other witness testimony, records, and even expert testimony in some cases. We can help you collect and track down some of this evidence, sometimes in places you might not have considered looking.
What Are the Elements of a Negligence Claim?
To be more specific about the elements of an injury case, most claims are based on “negligence.” This means showing that the defendant owed you a legal duty, breached that duty, and thus caused your injuries.
If you have enough evidence to prove each of these elements, you can win your case.
Negligence usually covers any of these kinds of accidental injuries:
- Auto accidents
- Slip and falls
- Property injuries
- Defective product injuries
- Medical malpractice
- Workplace injuries
- Wrongful death.
What Are the Elements of an Intentional Injury Case?
Not every case is an accident. Our personal injury attorneys can also help victims of crimes and assaults seek compensation. Whether you faced physical or sexual assault, we represent all kinds of victims.
In an intentional injury case, you have two typical causes of action:
- Assault occurs when someone puts you in fear that they are going to hit or touch you.
- Battery occurs when someone actually hits or hurts you or otherwise makes offensive contact.
Most cases involve both, but some specific situations – such as being attacked from behind – do not.
What Kinds of Evidence Can I Use in My Injury Case in Reading, PA?
Evidence can come from many sources. Not all of it has to be something you created or collected yourself, meaning that nearby security camera footage or photos taken by witnesses can all be used.
Additionally, evidence comes in many different forms, all of which can be helpful in a typical injury case:
- Your testimony
- Testimony from other eyewitnesses
- Testimony from expert witnesses
- Photos of the scene
- Photos of injuries
- Photos of cars, products, or other items involved in the injury
- Defective or dangerous products themselves
- Accident and police reports (though some are inadmissible hearsay)
- Medical records
- Hospital bills
- Pay stubs
- Other financial records
- Doctor’s and therapist’s reports
- Testimony from friends and loved ones about your condition
- Communications from defendants.
Depending on your case and the specific situation at hand, we might need some or all of this evidence.
If you come across any of this evidence or you already have it in your possession, save it and give it to your lawyer. Otherwise, we can seek copies of car accident reports, medical records, and other evidence for you.
We can also send letters to parties who might have security camera footage or other evidence and records to preserve for trial. We can also hire experts, such as medical experts or engineers, depending on the needs of your case.
Will I Win My Case?
While we can analyze the overall strength of your evidence and your claim, we cannot make any promises about your chances of winning.
Cases are often stronger when you have more evidence. Overwhelming proof of the defendant’s fault is hard to overcome, even against the strongest legal teams they can throw at you.
On top of that, showing your serious need for these damages – the high cost of medical bills, your inability to work, etc. – can show the jury just how dire your situation is. Juries are especially likely to be on your side if you are an individual and the defendant is a big company or brand.
All in all, our lawyers typically work on a contingency fee, meaning that we do not get paid unless we can win your case. This gives us great incentive to build you a winning case and to do everything we can to fight for you, or else neither of us gets paid.
Are There Caps on Damages?
Typically, injury lawsuits have no caps under Pennsylvania law unless they are filed against the state or involve medical malpractice.
Cases against government entities like public transit companies or schools might involve a cap, as well as rushed notice deadlines. Ultimately, this may leave your damages limited to either $250,000 or $500,000, depending on the level of government.
Cases against hospitals and doctors have no limit on the damages you can claim for medical bills, lost wages, or pain and suffering. However, punitive damages might be capped in certain cases for serious misconduct.
Aside from these limited situations, you can claim as much as you need to to fully compensate you for your injuries.
Call Our Reading, PA Personal Injury Attorneys Today
Call (215) 709-6940 for a free case assessment with The Reiff Law Firm’s personal injury attorneys.
