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What You Should Know About Personal Injury Claims

Most Important Personal Injury Laws in Pennsylvania

If you've suffered from a recent injury and are thinking about filing a claim, it's important that you know more about the personal injury laws in Pennsylvania. In 2016 alone, car accidents resulted in 4.6 million medically consulted injuries. No matter what type of accident you've been involved in, you should call one of our Philadelphia injury lawyers because we can help you identify whether or not you have a case.

What Is Personal Injury Law?

This is a type of law that refers to cases where an individual has been injured due to the negligence or purposeful intent of another person or company. These cases can involve injuries that stem from car crashes, slip-and-fall accidents, and medical malpractice issues. The main aspect of any personal injury case is proving the negligence of the at-fault individual or agency. Given the wide range of different types of injuries that may fall under personal injury law, the assistance of an experienced personal injury attorney may be necessary to identify if your injury relates to this type of law.

Statute of Limitations for Filing a Claim

personal injury lawsThe two primary actions that a person can take when injured from an accident include filing a personal injury claim and filing a lawsuit. Attorneys will usually file a claim and attempt to negotiate a fair settlement with the applicable insurance agency. When such negotiations break down, a lawsuit may be necessary.

People who want to file a personal injury claim or lawsuit in Pennsylvania will typically be given two years to do so from the time of their accident. Filing a claim or lawsuit within this period of time does not always mean that the person who files the claim will win their case. While the general statute of limitations is two years, there are some exceptions to this rule that are important to know. Some of the factors that can determine how long you have to file a claim include:

  • The type of claim you're filing
  • The exact date on which you were injured
  • Previous court rulings about personal injuries

Exceptions to These Limitations

One of the main exceptions to the statute of limitations with personal injury claims and lawsuits is if the injury involved a minor child. When a child under the age of 18 becomes injured in a car crash or any other type of accident that qualifies as a personal injury, the statute of limitations won't begin until they turn 18. At this time, they will have two more years to file the lawsuit before the deadline passes, which will be at their 20th birthday. The reason for this rule is because children don't always inform their parents about injuries.

It's also possible that the injury didn't cause any noticeable symptoms until the initial two years was almost over. However, this may require some legal maneuvering. The deadline for filing a lawsuit against a government agency for the city, county or state is typically six months after the accident took place.

Pennsylvania as a No-Fault State and Shared Fault Rules

Pennsylvania is considered to be a no-fault state when it comes to personal injury cases. This is solely applicable to car accidents. The no-fault system that's used in the state means that the insurance company for the injured individual will usually cover any of the lost income or medical expenses that occur as a result of the injury no matter who was at fault. However, it's possible for the other driver to be held responsible for the accident if the injury is considered to be serious.

There are also some shared fault rules that can apply to personal injury cases. Specifically, this comes in to play in situations where both parties were partially responsible for the injuries that have occurred. The fault between both parties is calculated in percentages and must fall below a 50 percent threshold for the person who is filing the claim. The amount of compensation that the claimant receives is based on their percentage of the blame. If the claimant doesn't receive any percentage of the blame, there will be no limitations on the amount of compensation that they can obtain.

If you've suffered from an injury that was caused by the negligence of another individual, company or agency, call our Philadelphia injury lawyer at 215-567-6616 to obtain representation for your case. We're located in the Two Penn Center Building.

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