If you get hurt because someone else made a mistake, you should not have to deal with the fallout alone. The person or people responsible for your injuries should have to pay you fair compensation, and an attorney can help you make this happen.
Beginning a personal injury case is not easy, and you should get help from a qualified attorney. Your lawyer should help you gather any information and evidence you do not already have and file a formal complaint against the person responsible for your injuries. In your lawsuit, we must prove how the defendant caused the accident and the extent of your damages. Your damages will vary based on your accident, but they commonly include medical bills, lost income, property damage, pain, and distress.
Speak to our personal injury attorneys in a free, private case review by calling The Reiff Law Firm at (215) 709-6940.
How Do You Begin a Personal Injury Lawsuit in Tamaqua, PA?
Starting a personal injury lawsuit is not going to be easy, and you should not try to handle your case alone. An attorney should begin working on your case while you focus on recovering.
Hire an Attorney
Although you are not required by law to have a lawyer when filing a personal injury lawsuit, it is in your best interest to have legal representation.
Just filing a personal injury lawsuit can be complicated. You need extensive information and evidence about the accident, your injuries, and the other parties involved in the case. You also must make sure to file the case in the right court and serve formal notice to the defendant according to strict rules.
Collect Information and Evidence
We need certain information before we file the case. The court needs to know exactly what your claim is, who the parties are, and what you are claiming. We must include details about you and the defendant, how the defendant caused the accident, your damages, and evidence to back up your claims.
While we do not need to provide enough evidence to meet our burden of proof when we first file the case, we should include enough to establish a valid cause of legal action.
File a Formal Legal Complaint
Once we have the information we need, our personal injury lawyers must draft a formal legal complaint. The complaint is a lengthy document that kicks off your case. Since this document will set the tone of your claims and explain all your claims for damages, we must take our time and get it right.
How Do You Know if You Have a Personal Injury Case on Your Hands?
Determining whether you have a personal injury can be tricky, as you might be unsure of exactly what kind of claim you have. Physical injuries and unintentional accidents are good indications of a personal injury claim.
Were You Hurt in an Accident?
The defining characteristic of a personal injury lawsuit is the plaintiff’s physical injuries. If you did not experience any bodily harm because of the defendant’s actions, you probably do not have a personal injury claim. Most plaintiffs are injured in accidents, although it is possible to sue for intentional harm.
You are allowed to file other claims alongside your claims for bodily harm. Claims for property damage and lost income are common in personal injury lawsuits.
Who Caused the Accident?
Personal injuries are usually the result of someone else’s negligent behavior. In Pennsylvania, you are still allowed to sue for damages if you are partially responsible for an accident. However, you cannot sue for accidents that are more than 50% your fault.
What Are Damages in a Personal Injury Case?
Various damages may be available, and it can be easy to overlook or undervalue damages without help from a lawyer.
Lost Income
Severe injuries may prevent you from returning to work. While it is reasonable to take time away from work to recover, the longer you are away, the more income you might lose. Damages for lost income can be especially high in cases where the plaintiff has permanent injuries that will forever interfere with their ability to work.
Property Losses
You might have lost valuable property and personal belongings during the accident. In a car accident case, a plaintiff may claim the value of their damaged vehicle and anything inside that was damaged. The same goes for other kinds of accidents. Take stock of any personal items you lost, big or small.
Medical Treatment
Perhaps the most significant portion of your damages will come from medical bills. After an accident, you should go to the hospital for treatment. Unfortunately, even minor injuries often require expensive treatment. Save all medical bills related to the accident so that you can get fair compensation.
Physical Pain
Injuries are painful, and sometimes, the pain is unbearable. Even though physical pain does not come with a price tag, it is a terrible experience to endure, and you should be compensated for what you have gone through.
Mental or Emotional Distress
A bad accident may take a serious toll on your mental health. If the accident was severe, you might experience symptoms of post-traumatic stress disorder (PTSD), which is not uncommon in survivors of life-threatening accidents.
You may also experience a reduction in your quality of life due to severe injuries or even feelings of shame and humiliation. All these experiences, and more, should be compensated.
FAQs About Personal Injury Claims in Tamaqua, PA
Why Do Most People File Personal Injury Lawsuits?
Many personal injury plaintiffs file lawsuits after being injured in accidents. Accidents that are common in personal injury cases include, but are not limited to, car accidents, defective products, slip and falls, and medical negligence.
Do You Have to File an Insurance Claim for Personal Injuries?
You are not necessarily required to file an insurance claim after being injured, but it may be a good idea to exhaust your legal options, including insurance claims, before we file a lawsuit. In many cases, plaintiffs find that insurance is not enough to cover the full extent of their damages, and they file a lawsuit after exhausting insurance options.
How Long Do Personal Injury Lawsuits Take?
Many civil lawsuits take several months to prepare before they are even filed. Once the case begins, it may take many months of pretrial phases and conferences before a trial is even scheduled. It is not unusual for personal injury cases to take a year or longer to finish.
When Should You Call a Personal Injury Lawyer?
You should call a lawyer as soon as possible. In Pennsylvania, personal injury plaintiffs have only 2 years from the date of injury to file a lawsuit. If you do not file your case within this time, you may be unable to do so at all.
Get Legal Help Today from Our Tamaqua, PA Personal Injury Lawyers
Speak to our personal injury attorneys in a free, private case review by calling The Reiff Law Firm at (215) 709-6940.
