If another person’s negligence injures you and causes you to incur damages, you should consider filing a personal injury claim. Our attorneys can tell you what damages are recoverable, how long you have to file, and answer any other questions you may have during your case.
You can file a personal injury lawsuit if someone was negligent and injured you, causing you to incur damages. Only file a claim you are confident in, in case it goes to trial, and you must meet the standard of proof. As long as the statute of limitations has not expired, you still have time to bring your claim. The filing deadline is not always straightforward when tolling exceptions apply, so do not assume the statute of limitations has expired.
Discuss your case for free with The Reiff Law Firm when you call our personal injury lawyers at (215) 709-6940.
When Can You File a Personal Injury Lawsuit in Wyomissing, PA?
A personal injury lawsuit can yield the compensation you need after an accident, so see if filing one is an option for you.
If Someone Else Was Negligent
You may be able to file a personal injury lawsuit for injuries sustained due to someone else’s negligence, recklessness, or intentional misconduct. In many scenarios, you are owed a certain duty of care, whether you realize it or not. Any action or inaction that contradicts that duty could be considered negligence and create liability for the other party.
If You Incurred Damages
The purpose of filing a personal injury lawsuit is to seek financial relief for the damages you have suffered. If you have dealt with medical bills, lost wages, physical pain, or emotional distress, you have incurred damages. Since you did not cause your injuries, you should not be expected to cover your damages yourself: that is the liable party’s responsibility.
If You Can Meet the Standard of Proof
Our personal injury lawyers ccan file your case only after we are confident in it. Filing a lawsuit when you are unprepared to meet the standard of proof puts you in a compromising position as the plaintiff if your case goes to trial. Before filing, we can assess the evidence and arguments in our case to determine whether a reasonable person would believe the defendant was, more likely than not, the party who injured you.
If the Statute of Limitations Has Not Expired
You may only file a personal injury lawsuit if the statute of limitations has not expired. In general, the 2-year countdown to file a lawsuit begins the day you are injured, barring some exceptions. If you do not discover your injuries immediately, suffered injuries as a minor, or the defendant leaves the state, and you cannot serve them, the start of the 2-year countdown is delayed, also delaying the filing deadline.
What Happens During a Trial for a Personal Injury Lawsuit?
A settlement may not provide complete relief for all your damages in the same way a jury award might if your case goes to trial and the defendant is found liable. We typically encourage trials for larger recoveries, and can help you navigate the entire process from start to finish.
Opening Statements
The trial begins with each side presenting its opening statements. Our lawyers can summarize the accident, explain the defendant’s negligent conduct, and discuss all your damages, economic and non-economic.
Plaintiff’s Case
The plaintiff in a personal injury lawsuit presents their case first during a trial. Our attorneys can present witnesses and evidence to the jury that corroborates the facts of your claim. If you end up testifying in support of your case, our lawyers will prepare you for that experience.
Defendant’s Case
Then the defendant has the chance to present their defense. They might try to argue that you contributed to the accident and deserve less compensation. No matter what, our lawyers will have the opportunity to cross-examine any defense witnesses and ask their own questions.
Deliberation and Verdict
After each side gives its closing statement summarizing the case, and the judge gives the jury instructions, the jury will deliberate and decide the case. If you opt for a bench trial, the judge renders the verdict themselves. If the jury thinks it is more likely than not that the defendant’s negligence injured the victim, they will find the defendant liable and award compensation to the victim. Compensation is based on what damages you could prove during your case.
Personal Injury FAQs
What Are the Top Causes of Personal Injuries in Wyomissing, PA?
Top causes of personal injuries include all kinds of auto accidents, slips, trips, and falls, defective products, and construction accidents. Top injuries include broken bones, concussions and traumatic brain injuries, bruising and lacerations, and even fatal injuries.
When is Suing for a Personal Injury Worth It?
Filing a lawsuit for a personal injury is worth it if you have incurred any damages due to someone else’s negligent or reckless conduct, whether from medical treatment, being unable to work, or pain and suffering.
When is the Latest You Can Sue for a Personal Injury?
The latest you can bring your personal injury lawsuit is 2 years from the date. Failing to file by the deadline bars you from recovering any damages whatsoever.
How Long Does the Average Personal Injury Case Take?
Every personal injury case is different, with some taking months and others taking years. The more complex a personal injury case is, the longer it might take.
How Can You Get Evidence for Your Personal Injury Case?
You can collect some evidence yourself by photographing it. You can rely on our attorneys to obtain any additional evidence you may need to win your case, including eyewitness testimony, video footage, and medical records.
Reach Out About Your Personal Injury Case in Wyomissing, PA
Get a free case analysis from The Reiff Law Firm’s personal injury lawyers by calling us today at (215) 709-6940.
