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How Do I File a Personal Injury Claim in Pennsylvania?

June 30, 2020
filing personal injury claim in Pittsburgh, PA

If you’re here reading this page, then you’re most likely wondering how to get started on your personal injury claim. Below, we will answer some of the most commonly asked questions about filing a personal injury claim in Pennsylvania and how an experienced attorney can help. 

Pennsylvania is a Comparative Negligence State

Pennsylvania is a comparative negligence state. This means that if you are found to be more than 50 percent responsible for the accident, you will be unable to seek compensation for any of the damages you incurred as a result of the accident. Due to the comparative negligence rule, each party involved in the claim is assigned a percentage of fault. Simply put, if you were found to be 40 percent responsible for the accident, you will receive 60 percent of the compensation award. 

What Damages Can I Sue for in Pennsylvania?

There are three sets of damages: economic, non-economic and punitive. Economic damages are meant to recoup your financial losses. These can include any medical bills associated with your treatment from the accident, current and future lost wages if you are unable to return to work, damage to any property and funeral expenses, if someone’s life was lost due to the accident. This leads us to non-economic damages. 

Non-economic damages are meant to compensate an individual for the losses that have not necessarily been financial, but still incredibly impactful on a person’s life. If someone suffered a severe spinal cord injury in an accident and is unable to return to work, walk or participate in activities they once enjoyed, this deserves to be compensated. Non-economic damages include pain and suffering, emotional distress and loss of consortium. 

Last, are punitive damages which are meant to punish the defendant for particularly egregious behavior. 

How Long Do I Have to File a Claim?

After an accident, Pennsylvania residents have two years from the date the injury occurred or when the victim should have reasonably known about the injury to file a claim. This window can go by incredibly fast. When you’ve been injured in an accident and are dealing with ongoing treatment, the months can quickly slip by. Don’t let this happen. Once this window closes, so does your ability to pursue compensation. 

Contact a Pittsburgh Personal Injury Lawyer to Discuss Your Car Accident Case in Pennsylvania

Did you or a loved one sustain serious injuries due to a car accident or slip and fall accident in Pennsylvania? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Berger & Lagnese, LLC represent clients injured because of personal injuries in Pittsburgh, Beaver, Uniontown, Greensburg, New Castle, and throughout New Jersey. Call 412-471-4300 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 310 Grant Street, Suite 720, Pittsburgh, PA 15219.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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