Roxborough, 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
The public health and safety problems of Roxborough residents became a topic of national importance recently when the news reported that injuries and health problems plaguing the community are linked to possible water contamination. However, this is not the only concern. According to a Roxborough municipality study, traffic speeding is considered one of the top public safety concerns. This concern is no surprise considering that Montgomery County has ranked highest in numbers of distracted driving citations from 2013 to 2017. In 2018, 188 driving fatalities were reported in Montgomery County and 61 of these, were alcohol-related. Also, according to County Health Rankings & Roadmaps, 2,489 deaths in 2018 were the result of injuries, and 70,967 hospital stays were preventable in Montgomery County.
It’s troubling to know that so many Roxborough residents can be suffering the consequences of patently preventable injuries. Call it inadvertence, incompetence, unskillfulness or oversight; negligence as a matter of law is the result of choices. A legal claim is usually viable when a choice or conduct is made in disregard to potentially endangering or hurting others. Our goal is to help our clients recover the medical expenses as well other costs associated with the injury. These additional costs expenses can include the emotional pain and suffering, the loss of quality of life, as well as both present and future economic losses.
If you or a loved one has been injured due to the negligence of another person, you may be able to recover financial compensation for your losses. Our personal injury practice is known for high-quality legal representation in Roxborough, the Main Line, and other Philadelphia suburbs. With over 80 years of combined experienced, the Philadelphia personal injury attorneys of Jacobs & Fishman, P.C. display an unwavering commitment to representing clients who have been harmed by the negligence of others. For a free legal consultation, call (610) 941-4250 or contact us online.
Liability in a Pennsylvania Personal Injury Accident
Liability in a personal injury claim is based on various legal theories that generally require establishing clear links between the injuries suffered and the specific act or omission that caused the harm. The general rule is that you must have suffered an injury to your person or property. It is not always necessary to have physical harm to bring a personal injury lawsuit. Personal injury claims can also be based on a variety of nonphysical losses and damages.
Injuries can arise from a variety of sources or types of conduct. Some of the most common types of personal injury cases include slip and fall, car and bus accidents, dog bites, assaults and battery, medical malpractice, and product liability. The principal goal of a personal injury action is to determine who was responsible and to compel the responsible party to compensate the injured person for the losses sustained.
Pursuing a Wrongful Death Claim in Roxborough
“Wrongful death” is the term commonly used to describe when personal injuries result in death. The claim alleges that a person died as a result of another’s negligence. In most cases, death is an unintended consequence. The deceased person’s surviving relatives, dependents, or beneficiaries can file a lawsuit against the responsible party or parties, seeking monetary damages for their losses.
How Signing a Release of Liability Form Will Affect Your Roxborough Injury Claim
There is a common misconception that a contract will release others of legal responsibility for injuries. This misconception is particularly important in Pennsylvania. Courts in Pennsylvania have rejected this notion and will impose liability for written contracts introduced to excuse unscrupulous practices. A skilled attorney will be able to recognize these tactics.
Pennsylvania courts typically reject the validity of unscrupulous contracts, especially when the goal is to pretend there is no responsibility for the health and safety risks and injuries negligence creates. An example of this are cases of gyms that fail to ensure safety and use contracts expecting to be released of liability. In addition, contractual releases are typically rejected in cases of:
- Employer-employee relationships
- Public services
- Public utilities
- Common carriers
What Happens If I Only Witnessed The Harm But Didn’t Suffer The Harm Myself?
Pennsylvania law doesn’t bar the compensation for losses of individuals suffering from the trauma of witnessing a tragic personal injury incident. A claim for negligently causing emotional distress can be based on witnessing a traumatic event such as a very traumatic birth or injury that warranted a viable warning or precaution. This rule is relatively recent as per the decision of Toney v. Chester County Hospital when a mother wasn’t warned during birth of known problems that traumatized her.
Pennsylvania follows a rule known as the “comparative negligence” or “51 percent rule.” If you’re injured in Pennsylvania and you were partly responsible for the injuries, your negligence or oversight doesn’t have to bar recovery of damages. However, the other party’s level of responsibility must be higher than yours by 51 percent.
Filing a Lawsuit for the Roxborough?
When you file a lawsuit, you become the plaintiff in the case, and the person you sue is the defendant. Lawyers for each side exchange information and gather facts through written questions known as interrogatories and during depositions (session when questions are asked in person and under oath). This process is called discovery. After discovery, cases may get settled or proceed to trial.
If you win, the money awarded is known as damages. That amount can include reimbursement of medical bills and lost wages, as well as compensation for future wage losses. The award can also compensate you for physical pain and suffering. You may also receive a monetary award for any physical disfigurement or disability that resulted from your injury.
Call Your Roxborough Personal Injury Lawyer
If you’re injured, you may need all the help you can get. The Roxborough personal injury law firm of Jacobs and Fishman is known for its commitment and dedication to pursue our client’s legal rights aggressively and fight for their financial compensation. Our approach is results-oriented and relentless. Call your Roxborough personal injury attorney at (610) 941-4250 to schedule a free consultation.