A personal injury case is typically brought when someone is physically or emotionally harmed due to another’s failure to exercise reasonable care. These cases can arise in a wide range of everyday situations.
To pursue a successful personal injury claim, four legal elements must be clearly established. These form the foundation of any case and determine whether a victim is entitled to compensation.
- Duty: The defendant had a legal obligation to act with reasonable care. For example, a property owner is responsible for keeping walkways safe.
- Breach: This duty was violated, such as a driver running a red light or a store neglecting to clean up a spill.
- Causation: There must be a direct connection between the negligent act and the injury sustained.
- Harm: The injured party must have suffered actual damages—medical expenses, lost income, or physical and emotional pain.
If all four elements are present, the case has a strong foundation under personal injury law.
Damages in personal injury law are the monetary awards granted to make an injured person “whole” again. These are not one-size-fits-all and can vary greatly depending on the circumstances of the case.
- Economic Damages: Tangible losses like medical expenses, lost wages, and rehabilitation costs.
- Non-Economic Damages: Pain, suffering, emotional distress, and reduced quality of life.
- Punitive Damages (less common): Awarded to punish particularly reckless or malicious behavior.
The ability to recover any of these depends on proving that the accident caused real, compensable harm.
In legal terms, harm is not just about how bad an accident looked—it’s about the real, measurable impact on a person’s life. A person can walk away from a serious collision with little to no injury, while another may suffer lasting damage from what appears to be a minor incident.
- Harm includes physical injuries, emotional distress, and financial losses.
- The severity of an accident doesn’t always reflect the severity of injury.
- Without documented medical harm, a personal injury claim is difficult to pursue.
Negligence occurs when an individual fails to act with the level of care that a reasonable person would in a similar situation. This legal principle is central to determining liability in injury-related incidents. It helps identify when someone’s careless actions or omissions result in harm to another person.
To establish a claim, the following components of negligence must be proven:
- Duty of Care: The defendant had a legal obligation to act with care toward the plaintiff.
- Breach of Duty: The defendant failed to meet that obligation.
- Causation: The breach of duty directly caused injury or harm.
- Damages: The plaintiff suffered measurable losses, such as medical expenses or lost wages.
Yes. However, there are certain exceptions in motor vehicle accident cases that limit your ability to sue for pain and suffering. Mainly, if you have limited tort coverage and did not suffer a “serious injury,” then you may not be able to set forth a valid claim for pain and suffering damages.
Recklessness goes beyond ordinary negligence. It involves knowingly taking actions that pose a substantial risk to others, often with disregard for the likely consequences. This type of conduct shows a conscious decision to ignore safety and responsibility.
Examples of reckless behavior can include:
- Texting while driving or engaging in other distracted driving habits
- Operating a vehicle under the influence of alcohol or drugs
- Ignoring repeated safety violations in the workplace
- Continuing to use defective products or equipment despite known risks
Punitive damages are designed to punish and deter—not merely to compensate. These damages serve as a strong legal signal that certain behaviors are not only unacceptable but will be met with significant financial consequences.
Unlike compensatory damages, which reimburse victims for medical bills, lost wages, or pain and suffering, punitive damages:
- Penalize the wrongdoer for egregious conduct
- Aim to discourage the same behavior in the future
- Serve as a warning to others in similar positions of responsibility
One of the most important legal rules in injury claims is the statute of limitations. This law sets the deadline for filing a lawsuit, and missing it can eliminate the right to pursue compensation entirely.
- In most cases, the limit is two years from the date of injury or accident.
- Exceptions exist—for example, minors typically have until age 20 to file.
- Complex cases, like those involving medical malpractice, may have different filing windows.
Insurance companies are not subject to a certain deadline to settle a personal injury claim in Pennsylvania. The statute of limitations in Pennsylvania is two years from the date of the accident or incident to file a lawsuit. However, insurance companies must act in good faith and fair dealing when a claim is set forth by those they insure. This typically involves Underinsured motorist (UIM) and Uninsured motorist (UM) claims.
Generally, personal injury settlements are not taxable. It is always best to consult with an accountant or other specialist preparing your taxes, but as a general rule, proceeds to a client from a personal injury settlement are not taxable.
Yes. There is a vicarious liability element to Pennsylvania law that holds an employer (company) liable for the actions of its employees. For example, if a delivery driver causes a motor vehicle accident, then the company (employer) can be sued for the harm that is caused due to the employee’s negligence.
The value of your personal injury matter depends on the liability assessment of your claim and the extent and nature of your injuries, damages, and harm. Obviously, the more injuries sustained by a person increases the value of the claim. The value of personal injury claims varies from person to person.
The evidence for personal injury cases includes, but is not limited to, photographs, videos, medical records, weather reports, witness statements, and experts. The required evidence all depends on the type of case (ie; fall down, trucking accident or motor vehicle accident).
In many cases, multiple parties may share responsibility for an incident. This is where the concept of comparative or contributory fault comes into play.
Here’s how fault may be divided:
- Pure Comparative Negligence: Each party is assigned a percentage of fault, and their compensation is reduced by that percentage.
- Modified Comparative Negligence: A party can recover damages only if they are less than 50% or 51% at fault (depending on the jurisdiction).
- Contributory Negligence: In some states, if the injured party shares any portion of fault, they may be barred from recovery altogether.
For example:
- A pedestrian crosses the street outside of a crosswalk and is hit by a speeding vehicle.
- A driver texts while driving, but the other vehicle didn’t have its headlights on at night.
- A patient fails to follow post-surgery instructions, while the surgeon overlooked a complication.
Most personal injury cases are settled before a trial. However, there are circumstances that warrant a case going to a jury trial. For instance, if the defense sets forth a position that their client was not negligent, then a trial is warranted to seek recovery. Also, there can be a dispute over the value of the harm sustained which can result in a jury trial.
No two personal injury cases are exactly alike. Some can be resolved within months, while others may take years due to their complexity and the number of parties involved.
- Simple cases with minimal injuries and clear liability may resolve quickly.
- Claims involving multiple parties or high-value damages often require more time.
- Legal processes like discovery, depositions, and expert testimony can extend timelines.
In straightforward cases—such as low-speed auto collisions with limited insurance—settlements might happen within a few months. But when injuries are serious or fault is contested, the claim may take 18 to 24 months or longer.
Yes. If you have not hired a lawyer, then you are free to negotiate with the insurance company yourself. However, in most cases, a lawyer specializing in personal injury cases will be able to secure a better result for you than negotiating on your own with the insurance company. Further, a lawyer can assist you in navigating the applicable insurance coverages available. Motor vehicle claims involve various insurance coverages, such as Underinsured Motorist (UIM) and Uninsured Motorist (UM) aspects that experienced lawyers can assist and protect your rights.
After a personal injury accident, you should avoid providing the negligent person’s insurance company with a statement. The insurance company for the negligent person will often attempt to take a recorded statement from you following a personal injury or motor vehicle accident. You should not provide such a statement before speaking with a lawyer.
This type of claim is filed by the deceased’s beneficiaries to seek compensation for their emotional and financial losses resulting from the death. The goal is to ease the burden of lost income, companionship, and the other hardships that occur after a loved one’s passing.
In a wrongful death case, the management of the deceased’s estate becomes a critical component in the process of pursuing claims and distributing assets. The executor, as named in the deceased’s will, is tasked with overseeing the estate and ensuring legal actions are taken when necessary. The responsibilities of the executor include managing legal claims, ensuring all debts and taxes are paid, and distributing assets according to the wishes of the deceased.
- Executor’s Duties: The executor is responsible for representing the estate in any legal proceedings, including pursuing claims resulting from the fatal accident.
- Appointment of Administrator: If the deceased had no will, a surviving spouse or adult child may be appointed to manage the estate as an administrator.
- Legal Proceedings: The executor must ensure that all necessary legal protocols are followed, including timely filing for potential claims.
A survival action is pursued by the estate to claim damages that the deceased could have sought if they had survived, such as medical bills, lost wages, and pain and suffering that occurred before death.
The eggshell plaintiff doctrine holds that a defendant is fully liable for a plaintiff’s injuries, even if those injuries are more severe due to an existing medical condition. In simple terms, it means you don’t get to choose the physical condition of the person you injure. You are responsible for the full impact of your actions, regardless of the plaintiff’s prior health.
- Pre-existing conditions cannot be used to reduce compensation.
- The law protects individuals who are more vulnerable to injury.
- Liability includes the aggravation of any prior injuries or health issues
Once a case is settled and a release is signed, it’s typically final. This is often referred to as the “one bite at the apple” principle—meaning there’s usually no second chance to seek additional compensation.
- A signed release waives your right to pursue further claims from the same incident.
- Even if new symptoms arise after settlement, you may not be able to reopen the case.
- Clients should consult with their attorney before accepting any offer or signing paperwork.
Pennsylvania drivers (and those in similar jurisdictions) often face a decision between limited tort and full tort coverage. This choice affects your ability to pursue compensation after an accident and can have a major impact in personal injury or medical malpractice cases involving auto collisions.
- Limited tort restricts your ability to claim non-economic damages (like pain and suffering) unless you meet specific legal thresholds.
- Full tort gives you unrestricted rights to sue for all types of damages, including pain, suffering, and emotional distress.
If you select limited tort, you might save on monthly premiums—but at the cost of limiting your legal options later. For instance, if you suffer soft tissue injuries or long-term discomfort from an accident, limited tort may prevent you from recovering compensation unless your injuries are deemed “serious” under the law.
A major concern following an accident is whether the at-fault driver has enough insurance—or any at all.
- Uninsured motorist coverage applies when the at-fault driver has no insurance.
- Underinsured motorist coverage helps when the at-fault driver’s insurance is insufficient.
- These coverages can apply to both property damage and medical costs.
Imagine being stopped at a red light and getting rear-ended by someone with lapsed insurance. Instead of being stuck with the bill, uninsured motorist coverage lets you file a claim with your own insurer. Without it, you may face significant out-of-pocket costs, especially if your injuries require ongoing treatment.