What is Considered Personal Injury?
Personal injury refers to physical, emotional, or psychological harm caused by someone else’s negligence or wrongful actions.
It is beneficial for everyone to be familiar with personal injury law. Negligence and aggressive behavior can happen to anyone at any time —a faulty handrail, a random act of violence, or a traffic altercation gone wrong—so we need to know our rights and what the legal system will do for us.
RG Injury Law, personal injury attorneys in Lancaster, PA, is dedicated to bringing just compensation to anyone affected by personal injury. We treat our clients like family. Check out our track record of successful cases.
Key Takeaways
- Personal injury encompasses various types of harm: physical, emotional, and psychological.
- Common causes include accidents and negligence: like car crashes and slip-and-fall incidents.
- Understanding your rights is essential: to seek compensation and justice.
- Coverage for different types of injuries: including medical malpractice and workplace accidents.
- Legal guidance: for maximizing compensation of personal injury claims.
Common Types of Personal Injuries
Personal injuries can occur in many scenarios, each with its own legal implications.
Car accidents are among the most common, often resulting in severe injuries or even fatalities. These accidents can range from minor fender benders to catastrophic collisions, affecting drivers, passengers, and pedestrians.
Slip and fall incidents are another prevalent type of personal injury.
These typically happen due to unsafe conditions like wet floors, uneven surfaces, or poor lighting. Property owners have a duty to maintain safe environments to prevent such accidents.
Medical malpractice involves injuries caused by healthcare professionals’ negligence.
This can include misdiagnosis, surgical errors, or medication mistakes, leading to serious health complications or death.
Workplace injuries, particularly in industries like construction or manufacturing, can result from unsafe work conditions or inadequate safety measures. Employers are responsible for providing a safe work environment and proper training to avoid such incidents.
Legal Elements of a Personal Injury Claim
You must prove certain legal elements to establish a personal injury claim.
The first is the duty of care, which means the defendant was legally obliged to act with reasonable care towards the plaintiff.
Next is a breach of that duty, where the defendant failed to meet their responsibility.
Causation is another critical element, which requires showing that the defendant’s actions directly caused the injury.
Finally, damages must be demonstrated, indicating the plaintiff suffered actual harm or loss as a result.
Key Components of a Personal Injury Claim
- Duty of Care: Legal obligation to act responsibly.
- Breach of Duty: Failure to fulfill the duty of care.
- Causation: Direct link between breach and injury.
- Damages: Actual harm or losses suffered by the plaintiff.
What is Considered Personal Injury?
Statute of Limitations in Pennsylvania
General Time Limits
In Pennsylvania, the statute of limitations for filing personal injury claims is typically two years from the date of the injury.
This means you have a two-year window to initiate legal proceedings for compensation.
If you miss this deadline, you might lose your right to file a claim, regardless of the injury’s severity or impact.
Exceptions and Special Circumstances
Certain exceptions can extend or shorten this two-year period.
For instance, if the injury wasn’t discovered immediately, the clock might start ticking from the date of discovery.
Additionally, if the injured party is a minor, the statute of limitations might extend until they turn 18.
Special rules can also apply in cases involving government entities, requiring quicker action.
Comparative Negligence in Pennsylvania
Comparative negligence is a legal principle that determines how fault is allocated in personal injury cases.
In Pennsylvania, this rule means that if you are partially at fault for your injury, your compensation will be reduced by your percentage of fault.
For example, if you are found 30% at fault, your compensation will be reduced by 30%.
Steps to Determine Fault
- Investigation: Gather evidence from the accident scene.
- Assessment: Evaluate each party’s actions leading to the injury.
- Percentage Assignment: Assign fault percentages to each party.
- Compensation Adjustment: Reduce the compensation by the fault percentage.
No-Fault Rules for Vehicle Accidents
Pennsylvania operates under a no-fault insurance system for vehicle accidents.
This means that regardless of who caused the accident, your own insurance policy covers your medical expenses and lost wages up to a certain limit.
This system aims to reduce the time and expense involved in settling minor accident claims. (1)
No-Fault vs. At-Fault Systems
| Aspect | No-Fault System | At-Fault System |
| Claim Filing | File with your own insurance company | File with the at-fault driver’s insurance company |
| Medical Expenses Coverage | Covered by your policy up to policy limits | Covered by the at-fault driver’s insurance |
| Litigation | Limited right to sue for non-economic damages | Full right to sue for all damages |
| Efficiency | Generally faster claims processing | Can be delayed due to dispute resolution |
| Cost | Often leads to higher insurance premiums | Premiums vary based on fault and claim history |
Special Cases: Dog Bites and Strict Liability
Pennsylvania holds dog owners strictly liable for injuries caused by their pets.
This means they are responsible for any damages their dog causes, regardless of the animal’s history or the owner’s knowledge of its behavior.
This rule aims to protect victims and promote responsible pet ownership.
Comparison of Dog Bite Laws
| Aspect | Pennsylvania | Other States |
| Liability | Strict liability for any injury | Some states require proof of prior behavior |
| Victim Compensation | Medical costs, lost wages, pain and suffering | Varies, may require proof of negligence |
| Owner’s Defense | Few defenses available | More defenses, like lack of knowledge |
| Reporting Requirements | Must report to local authorities | Varies, not always mandatory |
| Quarantine Rules | Mandatory quarantine for biting dogs | Varies by state and local laws |
Steps to Take After a Personal Injury
Immediate action is essential following a personal injury to protect your health and legal rights. Here’s a step-by-step guide:
First, seek medical attention immediately, even if injuries seem minor.
Prompt treatment prevents complications and creates medical records essential for your claim. Document the incident thoroughly by taking photos, collecting witness information, and writing down your recollection of events. This evidence supports your case and helps establish liability.
Next, notify relevant parties, such as property owners or employers, about the injury. This notification should be in writing and include details of the incident.
Finally, consult a personal injury attorney to evaluate your case, guide you through the legal process, and advocate for your rights. An experienced lawyer maximizes your chances of receiving fair compensation.
Seeking Legal Assistance
Hiring a qualified personal injury attorney is always helpful for legal guidance and achieving a favorable outcome.
A skilled lawyer provides expertise, handles paperwork, negotiates with insurance companies, and represents you in court if necessary.
Criteria for Choosing the Right Attorney
- Experience: Look for a lawyer with a proven track record in personal injury cases.
- Specialization: Ensure they specialize in personal injury law, not just general practice.
- Client Reviews: Read testimonials and reviews from previous clients to gauge satisfaction.
- Consultation: Choose an attorney who offers a free initial consultation to discuss your case.
- Communication: Opt for someone who communicates clearly and keeps you informed throughout the process.
What is Considered Personal Injury? Lancaster Personal Injury Attorneys
What is considered Personal Injury? This article from RG Injury Law should provide you with enough of a foundation on personal injury law to make smart decisions in the wake of an injury.
Remember to document everything. Seek medical attention immediately and always request comprehensive documentation. If there is anything else, we have the knowledge and resources to help.
Pushback does not mean impossible.
We will fight to achieve the compensation you deserve. Visit our HOMEPAGE or call today with questions!
Reference:
(1) American Bar Association, Personal Injury, https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/personalinjury/
