Feasterville, PA Personal Injury Attorney

In the context of legal claims, personal injury is a broad term that refers to cases in which a person has the legal right to take legal action against an individual or entity whose wrongful action caused the person harm.

As a general proposition, a personal injury claim arises when three basic facts exist:

• An individual or entity owed you a duty of care: As citizens and human beings, we all have basic obligations not to act in ways that will put others at risk of harm. In the law, these obligations are known as duties of care. Motorists have a duty of care to others on the road not to drive recklessly, for example.
• The individual or entity violated that duty of care through a wrongful action: A person or company violates a duty of care by acting, or failing to act, in a way that wrongfully puts others at risk of harm.
• The actions caused injury: Legal liability arises when that violation of a duty of care leads to an incident, accident, or other condition that injures someone.

A personal injury lawyer is an attorney who represents the person injured by someone else’s violation of a duty of care. Oftentimes, one of the attorney’s core functions is to investigate a client’s injury, working backward to figure out what action led to the injury, and who had a duty not to engage in that action.

As we mentioned, personal injury is a broad term. Human beings can get injured by other peoples’ or entities’ wrongful actions in virtually infinite ways. So, in the broadest sense, personal injury lawyers handle any case where the three facts described above—duty, breach, and injury—can be shown to exist.

As a practical matter, of course, the majority of personal injuries that lawyers handle tend to cluster around a subset of typical, day-to-day situations and scenarios. These common circumstances include:

Car, truck, and motorcycle accidents. Pennsylvania residents die every day because of motor vehicle accidents. According to recent statistics, there was approximately one motor vehicle fatality every seven hours during a one-year period in Pennsylvania. There were an additional 214 injuries per day as a result of a traffic collision.

Motor vehicle accidents are the leading cause of spinal cord injuries in the United States, and one of the leading causes of traumatic brain injuries. These accidents can leave victims with lifelong pain and cause tremendous financial damage.

Slip and fall and other premises liability accidents. Falling is a common cause of preventable injury, especially among older Bucks County residents. Even a seemingly minor fall can cause brain injury, spinal injury, complex fractures, and severe orthopedic trauma. Though lawyers refer to these injuries as slip and fall cases, in reality they involve any incident where a person gets hurt in a preventable fall, whether that is preceded by slipping, tripping, losing one’s balance, or making a misstep.

Slip and fall accidents constitute part of a broader category of injuries referred to by the legal term premises liability, an area of law involving injuries that result from a dangerous incident or condition on someone else’s property. Taking a tumble is one way someone can get hurt on someone else’s property.

Others include:

• Swimming pool accidents;
• Dog bites;
• Building fires; and
• Toxic chemical or mold exposure.

In short, no matter how a person gets hurt, if the injury happens because of a particular incident or condition on someone else’s property, be it a place of business or a residence, lawyers represent clients in seeking compensation for those injuries.

Medical malpractice. Healthcare providers have a duty to provide a certain level of care to their patients. They face potential legal liability for damages when they make a mistake that causes an injury or ends a patient’s life. A malpractice claim is the type of lawsuit a personal injury lawyer pursues on behalf of a patient injured by a medical provider’s mistake or other wrongful action in connection with providing care.

According to a recent report, medical mistakes are the third-leading cause of death in the United States. This means that these injuries happen more often than people believe. While people generally associate medical malpractice with claims against physicians, this category of lawsuit covers a wide range of healthcare providers, including:

• Dentists
• Nurses
• Chiropractors
• Physicians assistants
• Pharmacists

Pedestrian accidents. A vehicle striking a pedestrian can cause devastating and life-changing injuries. The human body is no match for a 4,000-pound vehicle. Common injuries in pedestrian accidents include traumatic brain injuries, spinal cord injuries, broken bones, and lacerations. These injuries can be difficult to recover from and require months of rehabilitation. A personal injury suit can help the victim feel comfortable taking time off from work to fully focus on their injuries.

Nursing home abuse. Nursing homes have a responsibility for caring for some of our country’s most vulnerable citizens. Unfortunately, all-too-often nursing facilities fail to keep our loved ones safe. Physical, emotional, and sexual abuse occur in these facilities. Elderly residents also fall victim to financial exploitation. Perhaps most commonly, however, nursing home residents suffer from the effects of neglect—an inexcusable failure of a facility to meet a resident’s basic needs. Personal injury lawyers represent these vulnerable residents and their families in lawsuits against nursing home providers who cause harm.

Wrongful death. When a loved one passes away because of someone else’s wrongful actions, no amount of money can take away the pain. But a personal injury suit can provide the family with much-needed support during a difficult time.

Because, without an experienced Bucks County personal injury handling your personal injury claim, you will not recover the compensation you deserve. Do not entrust your case to an attorney who only handles a few personal injury cases. And never, ever, try to handle a case on your own. Personal injury lawyers spend their careers fighting for the rights of injured victims of other peoples’ wrongdoing. They have a deep understanding of how to investigate, negotiate, and litigate personal injury claims; the type of knowledge and know-how that other lawyers (not to mention non-lawyers) lack.

The party who has legal liability to the injured person will depend on the specific circumstances of the case. In some cases, more than one individual or entity will share liability for the harm done.

As a general matter, parties with legal liability can often include:

• In car accidents (including pedestrian, truck, and motorcycle accidents): the other driver, the driver’s employer, and the vehicle’s manufacturer.
• For premises liability, including slip and fall: the property owner, the operator of a business on the property, and service providers on the property.
• For medical malpractice: the doctor, hospital, and any other staff present at the time of the incident.

These are just a few examples, of course. Consult an experienced Bucks County personal injury attorney to discuss who may have legal liability for your injuries.

Every case is different. It usually takes a personal injury attorney some time and investigating to figure out how much money an injured client should receive as compensation.

Factors that go into calculating the value of a case include:

• Medical costs: Medical bills are one of the biggest costs in a personal injury case. A personal injury case will generally include all reasonable and related costs. This includes doctor visits, hospital stays, medication, mental health services, and rehabilitation.
• Lost wages: When an injury makes it so you cannot return to work, it can be difficult to replace this income. A personal injury claim may allow you to recover wages from the date of your injury until you can return to work. If your injuries prohibit you from returning to work permanently, you may also have a claim for future wages.
• Pain and suffering: Accidents can leave physical and emotional scars. It’s hard to put a number on this pain. However, these damages are usually included in a personal injury suit and depend on the level of pain and how it interferes with your life.

Each state has its own law regarding how long a person has to file a personal injury suit. This time frame is known as the statute of limitations. In Pennsylvania, the statute of limitations for a personal injury claim is two years in most cases. This means that if you fail to take legal action within two years of your injury (in most cases), you will lose your right to take action altogether.

In most personal injury cases, the statute of limitations clock starts running at the date of injury. However, there are some exceptions to this rule. If the injury is not immediately apparent, as may be the case with medical malpractice or chemical exposure, the two-year countdown may not begin running until the discovery of the injury or illness, or until the time when a reasonable person should have discovered the injury. Speak with an experienced Bucks County personal injury attorney as soon as possible to learn about the statute of limitations for your personal injury.

Unfortunately, this happens all the time. Legally-liable parties are not often willing to come forward and accept full financial responsibility for their wrongdoing.

That is why it is important to retain an experienced Bucks County personal injury attorney to prepare a strong claim, and to negotiate aggressively with the other party’s insurance company and defense lawyers to hold them accountable.

The days and weeks after an accident and injury can feel overwhelming. You may struggle to figure out what you should do to protect your rights. Here are three basic steps you can take to help ensure you receive the compensation you deserve:

1. Get medical care. If you haven’t been evaluated by a medical professional for your injury, do so now. Do not wait. Not seeking medical care for an injury will seriously impair your claim.
2. Gather any evidence. If you have any evidence from when the accident actually took place, gather this all together. This includes any photographs or witness information. It’s also a good idea to write down any medications your doctor prescribes and any healthcare professionals you visit. If you pay for any expenses out of pocket, keep the receipts.
3. Contact a personal injury attorney. Your injuries matter. Unfortunately, insurance companies have a reputation for trying to pay victims of accidents as little as possible. You need someone by your side that will represent your interests. A personal injury attorney can help you determine your path to recovery and help you file a personal injury suit.