Pennsylvania Personal Injury Lawyer

Pennsylvania legally defines a personal injury case as a civil lawsuit filed by an individual (the plaintiff) who claims to have suffered physical, emotional, or financial harm due to the negligent or intentional actions of another party (the defendant). As well, personal injury cases typically involve seeking compensation, known as damages, for the harm suffered.

Understanding Negligence

Pennsylvania follows principles of negligence law when evaluating personal injury cases. To succeed in a personal injury lawsuit, the plaintiff typically needs to prove that:

#1 The defendant owed a duty of care to the plaintiff.

#2 The defendant breached that duty through negligence or intentional actions.

#3 The breach of duty caused the plaintiff’s injuries.

#4 The plaintiff suffered actual damages as a result of the injuries.

It’s important to note that the specifics of how personal injury cases are defined and litigated can vary depending on the facts of each case and the applicable laws at the time. For this reason, these cases can get complicated. 

Personal Injury Case Examples

Personal injury case in Pennsylvania includes various types of injuries and accidents, such as:

Motor Vehicle Accidents: This includes car accidents, truck accidents, motorcycle accidents, and pedestrian accidents where a driver’s negligence led to injuries or damages. Liability in a car accident case is typically proven by demonstrating that one driver was negligent and that this negligence directly caused the accident and resulting injuries. This often involves presenting evidence such as witness statements, accident reconstruction reports, traffic laws violations, and any other relevant documentation to establish that the defendant failed to exercise reasonable care while driving, leading to the collision and harm to the plaintiff (the injured party). 

Slip and Fall Cases: These involve injuries that occur on another person’s property due to dangerous conditions, such as uneven walkways, icy sidewalks, or wet floors.

Medical Malpractice: You can file a personal injury case in a situation where healthcare providers, such as doctors or nurses, are alleged to have provided substandard care, resulting in harm to the patient.

Product Liability: These are cases in which injuries are caused by defective products or products with inadequate warnings or instructions.

Premises Liability: Also known as a “slip and fall case,” this encompasses injuries that occur on someone else’s property due to the property owner’s negligence or failure to maintain a safe environment.

Workplace Accidents: Injuries that occur while working are often covered by workers’ compensation, but personal injury claims can arise if someone other than the employer is at fault (e.g., a third-party contractor).

Intentional Torts: A personal injury case doesn’t need to stem from an accident at all. Cases involving intentional harm, such as assault, battery, or defamation, where the injured party seeks compensation for the harm inflicted.
If you are considering pursuing a personal injury case, it is advisable to consult with an experienced personal injury attorney who can provide guidance on the best path forward. Connect with 1-8000-Injured, a medical and legal referral network, to find a qualified, experienced Philadelphia personal injury lawyer.