An accident resulting in serious injury or death can disrupt a family’s life, causing physical pain, emotional distress, and financial ruin. All too often, accidents are the result of someone else’s negligence. When you are injured in an accident, you have the legal right to pursue a personal injury claim to hold the negligent party accountable.
At Galfand Berger LLP, we know that most people are not familiar with hiring a personal injury lawyer or what the usual steps are in a personal injury case. Our lawyers have found that it is helpful to explain the way we typically handle these cases.
Some of the most common questions that clients ask us include the following:
A personal injury lawsuit is a legal dispute that has been filed in court between the injured party, also known as the plaintiff, and the party or parties who caused the injuries, also known as the defendants. The defendant is the person or entity that the plaintiff is claiming bears some or all the responsibility for the circumstances that led to the accident.
If the plaintiff is successful in their case, most often, the defendant’s insurance company will have to reimburse the plaintiff for the damages they caused because of the accident. When a lawsuit is filed, it is a civil matter that involves a private citizen bringing an action against another individual, business, government entity, or a group of entities. There are two resolutions that most personal injury lawsuits will take:
There are many instances when one might sustain an injury. These cases include:
These are just a few examples of the types of personal injury claims that you can bring when someone is injured. If you have been hurt, Galfand Berger LLP can provide you with a free consultation.
An injury or death from an accident may not be as clear-cut as it seems. Sometimes, a third party is liable for the incident. A lawyer could determine that the platform’s safety features failed or were inadequate, thereby holding the equipment manufacturer liable for the injury.
The statute of limitations is the time the injured party has from the date of their injury to when they must file a lawsuit. If the statute of limitations expires before they have a chance to file their lawsuit, they will not be able to file it afterwards. The statute of limitations differs by state and the types of claims.
Due to these deadlines, it is imperative that you speak with a personal injury lawyer as soon as possible following an accident. A personal injury lawyer will need time to conduct a complete investigation before filing a lawsuit, including identifying all the responsible parties and causes of action.
A personal injury lawyer will conduct a complete and thorough investigation of your accident and injuries. This process will entail the lawyer looking into the situation, including speaking with anyone that witnessed the accident, as well as the conditions prior to the collision. A lawyer will also collect evidence, such as any relevant documents, including police reports, photos, video surveillance, medical reports, and other documentation. It might be necessary to consult with medical experts to gain an understanding of how the accident might have happened.
Once a lawyer has collected all the evidence and witness statements that they need, they will examine the case to determine when they believe the case will succeed in court. If a lawyer believes that the case has merit, they will proceed with making a claim against the responsible parties or filing a lawsuit. If not, they will suggest the best course of action.
No two personal injury cases are the same, and the effects of an injury can take many forms. Many times, when someone experiences a serious injury, they must undergo a series of doctor visits or medical treatments. Oftentimes, those injured in an accident will lose income, or they may have to pay others to handle household chores during their recovery period. Among the damages you can pursue include the following:
In many states, including Pennsylvania and New Jersey, the number of damages that are awarded can be reduced if the injured party shares some responsibility for the accident.
Our Philadelphia personal injury lawyers at Galfand Berger LLP are experienced in representing injured plaintiffs. If you were injured, a member of our legal team can evaluate your claim and fight for the justice you deserve. To schedule a free consultation, call us today at 800-222-USWA (8792) or contact us online. From our offices in Philadelphia, Bethlehem, Lancaster, and Reading, Pennsylvania, we help clients throughout Pennsylvania and New Jersey, including Allentown and Harrisburg.