FAQ

Personal injury damages are economic and non-economic damages. The economic damages are generally loss of earnings (past and future) and out of pocket medical expenses. There are also situations where liens are asserted by medical insurance carriers which can in some cases be considered an economic damage. Non-economic damages consist of pain and suffering, inconvenience, embarrassment and humiliation, mental anguish, and disfigurement, if applicable.

The statute of limitations for personal injury claims in PA is two years from the date of the incident.  However, there is a discovery rule exception that applies in certain circumstances where the injury or harm is not discovered until a later time.  The general rule in PA is you must file a lawsuit within two years of the incident giving rise to your harm.

Yes.  However, there are certain exceptions in motor vehicle accident cases that limit your ability to sue for pain and suffering.  Mainly, if you have limited tort coverage and did not suffer a “serious injury,” then you may not be able to set forth a valid claim for pain and suffering damages.

In a medical malpractice case, the Plaintiff must establish two main elements. First, the Plaintiff needs to prove that there was negligence, which in a medical malpractice case is also referred to as a breach in the standard of care. Second, the Plaintiff must prove that the negligence caused the harm. These legal elements in a medical malpractice case are established through expert witnesses.

In Pennsylvania, there is a two-year time limit or statute of limitations to file a medical malpractice case. There is a discovery rule that applies in certain circumstances that allows for the two-year time limit to start from the time a person discovers their harm.