Personal injury cases are some of the most common ones in Pennsylvania. This is because there are many ways people get injured, with these victims requiring them to seek compensation for their injuries and to provide for the costs and losses they incurred. As a result, it is important for people to understand how personal injury claims are handled in Pennsylvania, since failing to follow the rules can often cause victims to miss out on the compensation they would normally be entitled to. This is why you should consider retaining the services of an experienced Pennsylvania personal injury attorney if you have been hurt in an accident.
What is Pennsylvania’s Comparative Negligence System?
Comparative negligence is a way of determining fault in a personal injury case. This recognizes that in many cases, a plaintiff may have done something that contributed to the cause of the accident or the injuries he or she suffered.
This is different from contributory negligence. Under the old contributory negligence rule, a defendant could get out of any liability in a personal injury case by showing that the plaintiff did something that contributed to the case. Comparative negligence has a greater degree of fairness, as it does not allow a defendant to get out of responsibility for any injuries it may have caused the plaintiff.
Under comparative negligence, the judge or jury will determine each party’s percentage of the fault based on the information introduced into evidence at the trial. This works in two ways. First, the amount the plaintiff can recover will be reduced by his or her percentage of fault. So, if the plaintiff was 20% at fault, then his or her damages will be reduced by 20%. For example, where the damages are $100,000, this would allow the plaintiff to only recover up to $80,000. Second, comparative negligence apportions the damages among multiple defendants if there is more than one. So, if you are the defendant and found to be 10% at fault, this will be your maximum liability.
Pennsylvania’s comparative negligence system does have a percentage cap for plaintiffs. In order for a plaintiff to recover in a personal injury case, the defendants must have at least 51% of the liability. If the plaintiff’s fault is 50% or more, then he or she cannot collect for their injuries.
The most common personal injury cases in Pennsylvania are motor vehicle accidents, premises liability like slip and fall, wrongful death cases, and medical malpractice claims.
What is the Statute of Limitations for Personal Injury Claims?
Pennsylvania has a two year statute of limitations for personal injury claims. This starts to run from the date of the injury. This means that if you are hurt in a car accident, you have to file your claim by the second anniversary of the date of the collision. In a wrongful death case, the time will start from the date the victim died.
However, there are a number of exceptions. For example, if the victim is a minor, he or she will have two years from the date they turned 18. There is also a discovery rule that if the person discovered they were injured after the date of the accident, then the two year statute of limitation begins to run from such date.
How are Damages Calculated in Pennsylvania?
There are two types of damages in personal injury cases: economic damages and non-economic damages. Economic damages are fairly straightforward. These are ones where you lost money as a result of your injury. These include medical expenses, lost wages, and property damage. The amount that a defendant could be liable for is based on the value of the loss or the cost incurred by the plaintiff. This could be paying for hospital bills, the amount of income you lost due to your injury, or the damages you needed to fix on your car.
Non-economic damages are often harder to determine. These are things like pain and suffering, loss of the enjoyment of life, disfigurement, and personal embarrassment or humiliation. It is much more difficult to quantify these damages as they can be very subjective. So, in Pennsylvania, the court will use a multiplier when it comes to non-economic damages. Depending on the severity of the non-economic injury, the court will apply anywhere from 1.5 to 5 times the amount of the economic damages in order to come up with a figure. So, if the non-economic damages are severe and the defendant’s conduct particularly bad, the court may take an award of $100,000 in economic damages and multiply it by five in the worst case to come up with $500,000 for non-economic damages. Keep in mind that this number may be reduced by operation of the comparative negligence rules.
Courts also have the power to award punitive damages in personal injury cases. These are usually done where the defendant acted willfully or recklessly with respect to the plaintiff. In general, there is no cap on the amount of punitive damages except for medical malpractice claims, where they are capped at two times the amount of compensatory economic damages.
What Evidence is Required to Prove a Personal Injury Claim?
Like any other case, personal injury lawsuits will often depend on the evidence introduced at trial. The burden of proof is on the plaintiff to prove he or she was injured as a result of the negligence, recklessness, or intentional misconduct of the defendant. This must be proven by a preponderance of the evidence, meaning that it is more than likely that the defendant caused the injuries.
The types of evidence are fairly broad, but there are certain things a plaintiff will need in order to prevail. Medical records are often required to show the extent of the injury. In addition, you may need an expert witness to testify as well. Depending on the type of case, witness statements and police reports can also help, especially in auto accidents. Finally, you are going to need to prove damages. So, things like medical bills, employment records, and estimates for rehabilitation and repairs to property will show the amount you should be awarded from the defendant.
What Factors Determine a Settlement Offer?
This same evidence will also come into play if the defendant or its insurance company offers you a settlement. Things like the severity and types of injury, medical costs, lost wages, and pain and suffering will determine the settlement offer from the defendant to the plaintiff. In addition, since Pennsylvania is an open discovery state, both parties will weigh the relative strengths and weaknesses of their case. This will also help determine the settlement offer. In many cases, the defendant’s insurance company will want to settle a case rather than take it to trial where there is a great deal of uncertainty as to the verdict and damage award. As a result, it is crucial to get as much evidence as possible to get the best settlement offer from an insurance company.
What is the Usual Timeline for a Personal Injury Case?
There is no set time period for a personal injury case. Each case is unique and may take longer than others. However, in general, you could be looking at a number of years if your case goes to trial.
Cases start with the filing of a claim and an attempt to settle the case with the defendant or its insurance company. If this cannot be done, then a lawsuit will be filed before the expiration of the two year statute of limitations. This will then start a discovery period that can last up to 12 months, with both sides exchanging pre-trial motions to determine the evidence that can be admitted at trial. Before the trial, the parties may be ordered to mandatory mediation in a last ditch effort to settle. If a settlement isn’t reached, then a trial will be held, which can usually last up to two weeks depending on the issues that need to be addressed and the number of witnesses on each side.
Contact a Pennsylvania Personal Injury Attorney Today
If you suffer a personal injury, you are going to want to get the compensation you deserve for your injuries and damages. The experienced personal injury attorneys at Jones Gregg Creehan & Gerace will provide you with the representation you need to get the compensation you deserve. Contact us today for a consultation.