Things to Know About Personal Injury Claims
Overview Personal Injury Claims
Everyday, people throughout the United States are injured because of the wrongful or negligent actions of other people. Depending on the circumstances surrounding the injury, those who are injured may have a valid personal injury claim against the responsible party, but others may not. If you are injured in an accident or because of the intentional conduct of another and want to pursue a personal injury claim to get monetary compensation for your injuries, it is a good idea to understand what type of personal injury claim you can bring, when you can successfully assert one, and how you can obtain monetary compensation.
There are Many Types of Personal Injury Claims
When people hear of the term “personal injury claim,” they often think of the television commercial they recently saw where an attorney told them that they have a personal injury claim if they were involved in a car or truck accident or suffered an injury because of a botched medical procedure. While personal injury claims do include motor vehicle accident and medical malpractice claims, however, the term “personal injury claim” is an umbrella term used to describe a wide variety of injury claims.
Personal injury claims also include:
- Premises liability claims
- False imprisonment claims
- Battery claims
- Assault claims
- Slip and fall claims
- Intentional infliction of emotional distress claims
- Product liability claims
- Dog bite claims
Each Personal Injury Claim has a Statute of Limitations
While there are a wide variety of personal injury claims, Pennsylvania law provides that each claim must be filed by a specific date after the injury occurred. This deadline is called the statute of limitations. In Pennsylvania, most personal injury claims must be filed within one year or two years from the date the injury occurred or from the date that the injury should have been discovered. It is important to note that each specific personal injury claim has its own statute of limitations. So, when you are injured, the first thing you should look up is the statute of limitations to determine if you still have time to file a personal injury claim. All claims filed outside the applicable statute of limitations will likely be dismissed without the merits of the claims being considered.
Misconceptions About Personal Injury Claims
One of the biggest misconceptions people may have about personal injury claims is that you have a valid claim just because you are injured. This is not the case. When you are injured, you must still be able to prove all of the elements of your specific personal injury claim in order to prevail on it. If you cannot prove every element required of your claim or you are more at-fault for your injury than the person you sue, you will likely lose your personal injury claim. Consulting with an experienced personal injury attorney before filing your claim can help you determine whether or not you have a viable personal injury claim and, consequently, can stop you from wasting your time trying to litigate a losing lawsuit.
Most Personal Injury Claims Settle
While this may be no surprise to some people, others may be shocked to find out that the vast majority of personal injury claims settle before going to trial. Settlements before trial occur for a variety of different reasons. For example, settlements generally incur less attorneys’ fees and litigation expenses than trials so it is more economically feasible for most parties to settle disputes before getting to the trial stage. Another reason settlements are popular is because they offer the parties confidentiality whereas a trial is public. Accordingly, arriving at a settlement can help to prevent some facts that either the defendant or the plaintiff want to keep private from reaching the public. Lastly, settlements often occur because it could take years before a trial could be had on the matter and plaintiffs do not want to wait to be made whole for the damage defendants caused them.
Contact a Philadelphia Personal Injury Lawyer to Discuss Your Personal Injury Case in Pennsylvania
Did you or a loved one sustain serious injuries due to the wrongful or negligent actions of another 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 the Marrone Law Firm, LLC represent clients injured because of others’ wrongful or negligent actions in Philadelphia, Center City, University City and throughout Pennsylvania. Call (215) 732-6700 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 200 South Broad Street, Suite 400, Philadelphia, PA 19102, as well as an office in Cherry Hill, NJ.
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.