I have practiced law since 1981, serving Bucks and surrounding counties. There are so many ways you can be seriously injured by the negligence of another party. If you feel that is the case, you should call me to see if you have an action to pursue. This includes slip and falls, dog bites, construction accidents and any accident where you feel someone else caused your injuries by their negligence. Don’t try to deal with insurance companies by yourself. Their goal is to reduce their losses, not to pay out on claims.
Even though you are careful, you can’t control the behavior of others. Sometimes, the negligence of others can cause injuries. This can result in lost income and pain and suffering. This may be from an automobile accident, a slip and fall, medical malpractice or a product defect. Whatever the negligence, we will aggressively pursue your rights against the negligent party or parties. We will make sure that the necessary experts are consulted and the appropriate investigations are pursued.
The Elements of a Personal Injury Case
To win a personal injury claim, you must be able to establish by the evidence that the defendant (negligent party) is responsible for your injuries. The basic elements of negligence are as follows:
Duty of care – First, the person must have a duty of care. The person, by their actions or inactions, must meet a certain standard of care established by law.
Breach of duty – A breach of this duty happens when the person fails to meet the standard of care. Depending upon the facts of the case, this could mean a failure to warn the plaintiff of a danger, a failure to follow a statute, or a creating a danger for plaintiff.
Causation – The defendant’s action or inaction must be the direct or what is called the proximate cause of the plaintiff’s injuries.
Damages in a Personal Injury Case
Damages are meant to compensate the injured plaintiff in an effort to make him or her whole. There is no way to do this other than awarding money damages. They are considered compensatory in nature. In Pennsylvania different types of damages include pain and suffering, both physical and emotional, loss of wages, past and future, medical treatment, past and future, medical expenses, past and future, loss of consortium, loss of quality of life, embarrassment and humiliation and disfigurement.
In some cases, punitive damages are allowed where the defendant is being punished for misconduct, which must be shocking or grossly negligent, or sometime intentional.