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Personal Injury FAQs
Personal injury law deals with cases where an individual is harmed or injured due to the negligence or wrongdoing of another. When someone is injured in an accident, it can be a confusing and overwhelming experience.
For those in Allentown, Pennsylvania, the experienced personal injury attorneys at Rapa Law Office, P.C. can help.
Knowing what steps to take next, how to deal with insurance companies, and when to seek the advice of a personal injury attorney can make a significant difference in the outcome of a case.
Here, we’ll answer some common questions related to personal injury claims to help you better understand the process.
What Is Personal Injury Law?
Personal injury law covers a wide range of incidents where a person’s body or emotions are harmed due to the actions or negligence of another party. This could include car accidents, slip-and-fall accidents, workplace injuries, medical malpractice, and product liability cases.
Essentially, personal injury law aims to provide compensation to individuals who have been harmed due to someone else's actions.
In Pennsylvania, personal injury laws require that the injured party (the plaintiff) prove that the other party (the defendant) was at fault for the injury.
This can involve gathering evidence, medical records, and testimony, which often requires the help of a skilled personal injury attorney.
When Should I Contact a Personal Injury Attorney?
You should reach out to a personal injury attorney as soon as possible after an accident or injury. This is because:
Time limits: Pennsylvania has a statute of limitations, meaning there’s a limited period in which you can file a personal injury claim. Generally, the time limit is two years from the date of the injury, although there are exceptions, according to the Pennsylvania General Assembly.
Unique cases: If your case is complicated, involving multiple parties or significant injuries, an attorney can help you understand how to proceed.
Insurance companies: Insurance companies may not always have your best interests in mind. An attorney can help you deal with insurance adjusters and make sure you’re not offered a settlement that’s too low.
Legal advice: An attorney can help clarify whether you have a valid claim and can give advice about the types of compensation you may be entitled to.
It’s wise not to wait too long before consulting a personal injury attorney. The sooner you contact one, the better your chances of securing the justice you deserve.
What Should I Do Immediately After an Injury?
If you’re injured, it's important to take the right steps immediately to protect your rights. These steps can also help you later on if you decide to pursue a personal injury claim.
Seek medical attention: Even if the injury seems minor, seek medical care immediately. Some injuries, especially internal ones, may not show immediate symptoms. A doctor’s diagnosis and treatment can also provide essential evidence for your claim.
Report the incident: If your injury occurred at work, report it to your employer as soon as possible. If it happened on public or private property, report it to the appropriate authorities (for example, a property manager or law enforcement).
Document the scene: Take photographs of the scene, your injuries, and any other relevant details. This evidence could be crucial in demonstrating what happened and supporting your case.
Talk to witnesses: If there were any witnesses to the accident, ask for their contact information. Their testimony can be valuable in corroborating your version of events.
Contact a personal injury attorney: Consult with a personal injury attorney to discuss your case. They can guide you through the legal process and help you understand your rights.
Taking these steps as soon as possible can significantly strengthen your claim.
How Do Personal Injury Claims Work in Pennsylvania?
The process for personal injury claims in Pennsylvania typically follows these basic steps:
Initial consultation: Your attorney will evaluate the facts of the case and determine if you have a valid claim. During this meeting, they’ll discuss how the process works and answer any questions you may have.
Investigation and gathering evidence: Your attorney will gather the necessary evidence to support your claim. This could include medical records, witness statements, accident reports, and expert testimony.
Negotiation: Before going to trial, many personal injury claims are settled through negotiation. Your attorney will work with the defendant’s insurance company or legal firm to reach a fair settlement. A personal injury attorney in Pennsylvania will be skilled at negotiating settlements that cover medical bills, lost wages, and pain and suffering.
Filing a lawsuit: If a fair settlement can’t be reached, your attorney may decide to file a lawsuit in court. This is when the case moves into litigation, which can be time-consuming and expensive. However, some cases are better resolved through a trial.
Trial: If the case goes to trial, your attorney will present evidence, question witnesses, and argue your case in front of a judge and possibly a jury. At the end of the trial, the court will decide the outcome, and you may be awarded compensation.
Appeals: If either party is unhappy with the verdict, they may file an appeal to a higher court.
Throughout the process, a personal injury attorney will represent your interests and work to achieve the best possible outcome for your case.
What Damages Can I Recover in a Personal Injury Case?
If you’ve been injured in an accident and the other party is found to be at fault, you may be entitled to various forms of compensation, which can be categorized into the following types of damages:
Economic damages: These are the financial losses caused by the injury, such as:
Medical expenses (past and future)
Lost wages (both past and future earnings)
Property damage (e.g., car repair or replacement costs)
Non-economic damages: These compensate for intangible losses, such as:
Pain and suffering
Emotional distress
Loss of enjoyment of life
Loss of consortium (when an injury affects a person's relationship with their spouse)
Punitive damages: In certain cases where the defendant’s conduct is particularly egregious (e.g., drunk driving), the court may award punitive damages. These are designed to punish the defendant and deter similar behavior in the future.
A personal injury attorney can help assess the full extent of your damages and see that you seek the proper compensation for both economic and non-economic losses.
How Long Will It Take to Resolve My Case?
The timeline for resolving a personal injury case in Pennsylvania can vary depending on several factors, including the difficulty of the case, the willingness of both parties to negotiate, and whether the case goes to trial.
Generally, personal injury cases can take anywhere from a few months to several years to resolve. Factors that can affect the timeline include:
The severity of the injury: More severe injuries often take longer to fully assess and treat, which can delay the case.
Negotiation vs. litigation: Cases that are settled without going to trial usually resolve faster than those that go to court.
Availability of evidence: Gathering evidence and witness testimony can also take time, especially if there are complications in determining liability.
A personal injury attorney can give you a more specific idea of the timeline based on your case and can help you understand what to expect.
Do I Need a Personal Injury Attorney for Every Case?
While it’s not required to hire a personal injury attorney for every case, it’s often beneficial. For minor injuries where there’s clear liability, some people choose to handle the claim themselves.
However, when the injury is more severe or the liability is unclear, hiring a personal injury attorney can be a wise decision. In more complicated cases, an attorney will:
Handle all communication with insurance companies
Work to provide you with the compensation you deserve
Take your case to court if necessary
For serious injuries or significant financial losses, hiring a personal injury attorney can greatly improve your chances of receiving fair compensation.
Connect With Our Law Firm
Remember to take action promptly after an injury, gather necessary evidence, and seek legal advice as soon as possible to protect your rights and secure the justice you deserve.
We serve clients in Allentown, Pennsylvania, and the surrounding area including Lehighton, Palmerton, Jim Thorpe, Bethlehem, Walnutport, Northampton, and Slatington. Reach out to the Rapa Law Office, P.C. today to schedule a consultation.