Understanding Pennsylvania Personal Injury Laws: A Comprehensive Guide

When you suffer a personal injury in Pennsylvania, you may be entitled to compensation for damages incurred. However, understanding Pennsylvania personal injury laws can be a daunting task, especially if you are not familiar with the legal system. In this comprehensive guide, we will provide you with an overview of Pennsylvania personal injury laws and what you need to know in the event that you suffer a personal injury.

What is a Personal Injury?

A personal injury is a term used to describe an injury to an individual’s body or mind. This can occur as a result of an accident, negligence, or intentional harm. Examples of personal injuries may include slip and fall accidents, car accidents, medical malpractice, defective products, and assault.

Statute of Limitations

In Pennsylvania, there is a statute of limitations for personal injury cases. This means that you have a limited amount of time to file a lawsuit after the injury occurs. The statute of limitations for personal injury cases in Pennsylvania is two years from the date of the injury.

It is important to note that if you fail to file within the two-year timeframe, you may lose your opportunity to seek compensation for your injuries.

Comparative Negligence

Pennsylvania operates under a comparative negligence rule. This means that if you are found to be partially at fault for the accident, the amount of compensation you can receive will be reduced by the percentage of fault assigned to you.

For example, if you are involved in a car accident and are found to be 20% at fault, your compensation amount will be reduced by 20%.

Types of Damages

There are two types of damages that you can seek in a personal injury case: economic and non-economic damages.

Economic Damages

Economic damages refer to the tangible monetary losses incurred as a result of an injury. Examples of economic damages include medical expenses, lost wages, and property damage.

Non-Economic Damages

Non-economic damages refer to the intangible losses incurred as a result of an injury. Examples of non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.

Caps on Damages

Pennsylvania has certain caps on damages that can be awarded in personal injury cases. These caps only apply to non-economic damages and are as follows:

  • $500,000 for medical malpractice cases
  • $250,000 for all other cases

It is important to note that these caps may not apply in certain cases, such as cases involving intentional harm.

Hiring a Personal Injury Attorney

If you have suffered a personal injury in Pennsylvania, it is recommended that you hire a personal injury attorney. An experienced attorney can help you navigate the legal process and ensure that you receive the maximum compensation possible for your injuries.

When hiring an attorney, it is important to consider their experience, track record, and communication skills. You should also look for an attorney who operates on a contingency fee basis, which means that they only get paid if you win your case.

Conclusion

Personal injury cases can be complex and difficult to navigate on your own. Understanding Pennsylvania personal injury laws and seeking the advice of an experienced attorney can help you receive the compensation that you deserve. If you have suffered a personal injury in Pennsylvania, it is important to take action and seek legal representation as soon as possible.

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