Personal Injury Accidents in Pennsylvania
Oct 8, 2019
What are personal injury accidents, and how do they apply to you if you were involved in a crash as a result of someone else’s negligence? Typically personal injury accidents result in physical harm or death. Every personal injury accident is subject to different standards. For instance, medical professionals have a much higher standard of care to live up to when working with patients.
If you were involved in a personal injury accident in Pennsylvania, you have two routes open to pursue compensation for your injuries — via an out-of-court settlement or a case taken to State court. In Pennsylvania, plaintiffs may be awarded damages even if they happen to be partly at-fault for the accident, but the lawsuit seeking compensation must be filed within two-years. The statute of limitations clock starts ticking on the date of the incident or the discovery of wrongdoing.
What is negligence, and how does it contribute to personal injury cases? Negligence is when another person, a government agency or company, does not exercise due care and diligence, thus causing harm to others. Determining negligence is important for personal injury cases as it will affect compensation for the harm and damages. For example, someone would be considered as negligent in causing an accident if they were drinking while driving or driving recklessly.
However, If you happen to be partially at-fault for the accident that caused your injuries, the negligence laws state that damages in a lawsuit are then reduced in proportion to your degree of fault. This is also referred to as contributory negligence. For example, if the determines the defendant was 70 percent at-fault for an accident and you were 30 percent responsible, your award would be reduced by 30 percent.
The doctrine of contributory negligence determines the damages awarded by a court in personal injury accident claims. The individual at-fault for the accident only pays damages in accordance with their responsibility for the accident. In other words, if you were partially responsible for the accident and if your negligence is less than the other party’s you can still be awarded damages.
Your Erie personal injury lawyers at Melaragno, Placidi & Parini have the answers you need about personal injury claims. To find out what your legal rights are and how to file a personal injury claim, contact us today. If you or someone you love has been involved in an accident Melaragno, Placidi & Parini can help you obtain the equitable compensation you deserve.