Accident and Injury Lawyers in Allentown, Pennsylvania
As Pennsylvania’s third-largest metro area, Allentown has so much to offer residents. In fact, U.S. News and World Report ranked it in the top 100 places to live in the United States. The average home only costs $162,000 making it a desirable location to earn a living and raise a family. But just like any great city in America, accidents can happen, and when they do Metzger & Kleiner – Attorneys at Law is here to help you through an accident or personal injury case in Allentown.
Whether you have been in a car accident or found yourself in the middle of a slip and fall incident, there are some critical factors to consider in these sorts of legal claims. Here are a few things you should know about the accident and personal injury laws in Pennsylvania and how they can potentially impact your claim.
Statute of Limitations for Accident and Personal Injury Claims
The clock starts ticking from the moment an accident happens to the day you decide to follow through on a claim. This means you’ll want to work reasonably quickly even though you have what seems like a lot of time on paper. You have two years from the date of the accident to file a claim, and you’ll want to have plenty of evidence gathered to prove negligence before actually filing the claim. To do this successfully, you may want to consider hiring an accident lawyer in Allentown to help you with gathering this data.
Your lawsuit will likely be filed in a civil court according to 42 Pa. Con. Stat. Ann. section 5524, and it is an important law to follow, as you aren’t likely going to get extra time to do so. Your Allentown accident attorney will stay on top of deadlines and ensure you are well within the allotted time. All too often, we see victims wait too long to file a claim and then hope that a judge will consider their case because they need compensation for their recovery. A judge isn’t likely willing to offer that kind of leniency, so work within the given 2-year time frame.
If you are filing a personal injury case against a state, county or city agency, you only have six months to file notice of a claim making the time frame incredibly tight. Contact an Allentown personal injury lawyer to handle your case or risk missing this deadline and your deserved compensation.
Assessing Fault in the Commonwealth of Pennsylvania
- Shared Fault – If you file a claim, there is a chance that the other party can file a countersuit or claim that you are partially to blame for the incident. This can be the case in a car accident or a personal injury case such as a trip and fall. If the other party files this claim, it can impact your overall ability to get full compensation.
The Commonwealth employs the law of comparative negligence, meaning any compensation you’re entitled to will be reduced based on the percentage of fault determined by a judge or jury. If you are more than 50% liable for the injuries you have endured, you will not be able to seek any damages.
Many insurance adjusters in Allentown Pennsylvania use this comparative rule to help the insurance company win cases or settle for less money. An Allentown injury law firm that has experience in these types of cases can analyze your claim to see if this rule applies to your particular legal matter.
Other Personal Injury Cases
While car accidents tend to be at the heart of many “accident” cases, there are other claims that we handle at Metzger & Kleiner – Attorneys at Law. Here is a quick look at those.
Dog Bites or Attacks
Some states have, what many have labeled, a “one bite rule” when it comes to their dog’s behavior. Meaning, they have to show previous signs of aggression to be held liable. In Pennsylvania, this doesn’t have to be the case. Instead under (3 Pa. Stat. § 459-502 (b)) The owner is held responsible immediately no matter what the dog’s disposition or history looks like.
Slip and Falls
Accidents happen from time to time, and usually in the places you frequent the most, like restaurants and government buildings. If you have tripped or slipped and it has resulted in injuries, you may be able to seek legal representation to file a claim. These kinds of cases can have a significant impact on your life, as you might not be able to work and may have medical bills that start piling up. Contact an Allentown injury attorney to help you through this situation, so you get the proper compensation.
Damage Caps in Pennsylvania
Unlike other states, Pennsylvania has no caps on the damages you can seek from another party who is not a government entity. The Commonwealth’s constitution doesn’t limit the amount of damages a person can seek in an accident or personal injury case. This doesn’t mean outlandish claims without merit or evidence will be awarded either, but you can safely pursue those damages that your attorney and you feel are appropriate.
Can we help you with your accident or personal injury case? We are one of the best injury law firms in Allentown, because we listen and fight for our clients. Contact us today to get started on your claim and let’s get the compensation you deserve.