East Falls, PA Personal Injury Lawyer
Nobody should have to go through a car accident. Unfortunately, thousands of drivers face this frightening reality on a daily basis – and in many cases, the scene of the crash is a highway. With so many drivers fighting for a spot on a busy, high-speed road, an...read more
If you suffered injuries in East Falls, PA due to the negligence of another person or entity, you could file a lawsuit to seek compensation for your injuries. Anyone can get injured anywhere. However, when someone else is responsible for your injuries, an experienced attorney can hold the culprits accountable in civil court. With accountability comes the ability to seek an appropriate damages’ award for your economic and non-economic losses. With the right lawyer at your side, you will receive the income necessary to pay for your medical needs and also recover from the losses you’ve endured.
At Jacobs and Fishman, P.C. you will receive fine legal representation. The professional team working there can help you pursue all available claims. They understand the intricate issues that can arise in personal injury lawsuits and the complex methods and legal rules involved in damage awards. To learn more about how they can help you, call (215) 405-0300.
Filing a Lawsuit for an Injury in East Falls, Pennsylvania
When you sue someone, you will be referred to as “plaintiff,” and the other side is considered the “defendant.” Legal responsibility for negligence involves acts or omissions where a person or entity failed to use reasonable care under the circumstances. Negligence can occur in a wide variety of situations, including:
- When you slip and fall in a sidewalk, or while walking through a commercial or private premise
- Car, bus, truck or motorcycle accidents
- If a motorist hits you with a car, truck or bicycle
- When doctors or other professionals make mistakes or malpractice
- When a defective product causes injuries
Contrary to what most people think, negligence is based on conduct not a state of mind. If the person who injured you said he or she (or the entity) had no intention to cause harm, this would not impact the outcome of the negligence case. Unlike criminal cases where the state of mind known “men’s rea” or criminal mind is taken into consideration, negligence cases focus on conduct. Whether it’s conduct that creates risks or omissions that create safety hazards, liability is imposed if it causes harm.
Recovering Compensation for Injuries Suffered in East Falls, PA
There must suffer a physical or financial injury to have a viable legal claim for negligence. This legal concept is commonly referred to as “damages.”
Damages are an essential element of every negligence case. The term damages refer to the monetary award for “legally recognized” harm. The emphasis on that the harm is “legally recognized” is one area where your attorney’s skill comes into play because there is no redress for all types of harm. Some of the aspects considered include the medical expenses paid due to the injury, the various forms of emotional pain and suffering and distress due to the injuries, and losses related to your earning capacity depending on your profession.
Injuries can be devastating. Often plaintiffs are unable to carry out the gainful activity as a result of negligence. When this happens, you can recover present and future wages and lost benefits. If future wage increases are expected either because there is an expected advancement or because there are some expected advances in the area where you work. Also, there are times when plaintiffs can recover “lost earning capacity” based on the value of work that could have been accomplished—had the injury not occurred. To calculate “lost earnings,” the basis is on projections considering the plaintiff’s age, education, and job status. These calculations also take into account the years you’re expected to live and earnings you’re supposed to make.
Plaintiffs can recover the charges for medical treatments and procedures, diagnostic tests, medical devices needed, medicines, traveling to receive medical care.
Mental and Physical Pain and Suffering
Plaintiffs can recover all forms of suffering caused by negligence. Recoverable pain includes:
- Conscious suffering—emotional and physical distress
- Pain from medical treatments in treating the injuries
Loss of Enjoyment of Life
Injuries frequently leave plaintiffs unable to see a sunset, to hear music, enjoy previous hobbies or pursue a chosen vocation. Loss of life’s joy is as compensable as any other negative emotional loss resulting from negligence. Your attorney will work closely with you in this respect and learn more about the types of lifestyle loss and other joys you may never be able to experience again.
When negligence involves the loss of real or personal property as a result of the negligence. You will typically be able to recover the value of the property as of the time the harm occurred or the replacement value.
Statute of Limitations on Injury Claims in Pennsylvania
Anyone who experiences personal injury in Pennsylvania has to meet some basic state-level requirements such as time limitations.
In Pennsylvania, you don’t have an unlimited amount of time to file a lawsuit for personal injury. There is a maximum of two years after your injury occurs to file a lawsuit to seek compensation for your injuries.
If you had some level of responsibility in causing your injuries, you might still have a viable lawsuit because Pennsylvania only restricts lawsuits when the plaintiff’s responsibility exceeds 49% in comparison to that of other parties. However, a qualified attorney can help in the allocation of levels of responsibility.
Call Highly Accomplished East Falls, PA Personal Injury Attorneys
Jacobs and Fishman P.C. has a proven track record warranting their place in the Multi-Million Advocate Forum, where only accomplished personal injury attorneys who win sizeable awards are invited to join. We have the insight and skill necessary to fight against the Goliaths who cause injuries and then try to get away with their careless actions. Your healing is a priority to the attorneys of Jacobs and Fishman, P.C. We will receive a payment if there is a successful outcome in the case. Schedule a free and confidential consultation.