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.
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.
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.
Insurance companies are not subject to a certain deadline to settle a personal injury claim in Pennsylvania. The statute of limitations in Pennsylvania is two years from the date of the accident or incident to file a lawsuit. However, insurance companies must act in good faith and fair dealing when a claim is set forth by those they insure. This typically involves Underinsured motorist (UIM) and Uninsured motorist (UM) claims.
Generally, personal injury settlements are not taxable. It is always best to consult with an accountant or other specialist preparing your taxes, but as a general rule, proceeds to a client from a personal injury settlement are not taxable.
Yes. There is a vicarious liability element to Pennsylvania law that holds an employer (company) liable for the actions of its employees. For example, if a delivery driver causes a motor vehicle accident, then the company (employer) can be sued for the harm that is caused due to the employee’s negligence.
The value of your personal injury matter depends on the liability assessment of your claim and the extent and nature of your injuries, damages, and harm. Obviously, the more injuries sustained by a person increases the value of the claim. The value of personal injury claims varies from person to person.
The evidence for personal injury cases includes, but is not limited to, photographs, videos, medical records, weather reports, witness statements, and experts. The required evidence all depends on the type of case (ie; fall down, trucking accident or motor vehicle accident).
If you are partially at fault for your injury, you may still pursue a personal injury case based on a law in Pennsylvania called “contributory negligence.” The value of your claim may be diminished based upon the extent of negligence through your own fault. You may not recover for your injuries and harm if your own negligence was the sole cause or majority cause.
Most personal injury cases are settled before a trial. However, there are circumstances that warrant a case going to a jury trial. For instance, if the defense sets forth a position that their client was not negligent, then a trial is warranted to seek recovery. Also, there can be a dispute over the value of the harm sustained which can result in a jury trial.
This depends on many factors, including but not limited to, the extent and nature of your injuries, the available insurance coverage, the insurance company on the other side, and whether the personal injury claim can be settled prior to a lawsuit. If a lawsuit is filed, then a personal injury claim can take 1-2 years to resolve.
Yes. If you have not hired a lawyer, then you are free to negotiate with the insurance company yourself. However, in most cases, a lawyer specializing in personal injury cases will be able to secure a better result for you than negotiating on your own with the insurance company. Further, a lawyer can assist you in navigating the applicable insurance coverages available. Motor vehicle claims involve various insurance coverages, such as Underinsured Motorist (UIM) and Uninsured Motorist (UM) aspects that experienced lawyers can assist and protect your rights.
After a personal injury accident, you should avoid providing the negligent person’s insurance company with a statement. The insurance company for the negligent person will often attempt to take a recorded statement from you following a personal injury or motor vehicle accident. You should not provide such a statement before speaking with a lawyer.
A wrongful death lawsuit can be filed if a loved one is killed by the administrator or executor of the estate. In Pennsylvania, there are two causes of action that can be brought if a loved one dies. There is a Wrongful Death cause of action that applies to a spouse, parents and children of a decedent and there is a Survival cause of action that can be set forth on behalf of the estate. The Survival cause of action consists of damages for the decedent’s conscious pain and suffering and loss of earning capacity.