Frequently Asked Questions - Personal Injury Law FirmThe following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the Pennsylvania serious injury law firm of Heiligman & Mogul, P.C., you can receive a personal consultation regarding your specific legal claim.
Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal injury involves civil law cases as opposed to criminal law cases which involve a defendant and the Commonwealth of Pennsylvania. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
How do I know if I need an attorney? If you have been seriously injured in Pennsylvania consult with an experienced Philadelphia personal injury lawyer as soon as possible. Make sure this is done before you give any official statements or sign papers of any kind. Pennsylvania State laws require filing a lawsuit within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries if you delay. The Pennsylvania wrongful death lawyers of Heiligman & Mogul, P.C. can advise you on the applicable statute of limitations for your injury case. What financial compensation can I recover in a personal injury claim? Accident victims are entitled to recover monetary damages for all losses and expenses suffered from the accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
Under what circumstances can a wrongful death occur? Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:
Who can file a wrongful death lawsuit? A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents. Pecuniary (financial) injury is the main way damages in wrongful death cases are computed. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrongdoing to punish the wrongdoer, and/or deter others from behaving similarly. The burden of proof in a tort case, as in most civil law cases, is lower than the proof required in criminal law cases. In a criminal case, the state must prove a person's guilt beyond a reasonable doubt. To win a personal injury lawsuit based on tort law, the plaintiff need only prove that a majority of the evidence shows that an injury was caused by the defendant's negligent actions. This standard of proof is called "the preponderance of the evidence." The different burdens of proof mean that a company might be acquitted of criminal charges stemming from its actions, but be found liable in a civil lawsuit stemming from the same actions. The term liability generally means that an individual, company or some other entity may be obligated to pay damages or compensation to another. The negligent driver, manufacturer or seller of a product may be responsible or liable to pay for damages, including pain and suffering and financial losses, if they are caused by their carelessness. Premises liability generally refers to accidents that occur due to the negligent maintenance or unsafe conditions upon property owned by someone other than the injured victim. The Commonwealth of Pennsylvania requires landowners to maintain their property in a manner that does not cause injury to those that, for various reasons, visit the property. This law pertains to both business owners and homeowners. Crucial to a premises liability settlement is being able to show how long the defect or injury inflicting element was there, how visible it was, and how much notice the owner had of the dangerous condition before the accident. Medical malpractice is negligence committed by a professional health care provider—a doctor, nurse, dentist, technician, hospital or hospital worker—whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Most medical malpractice cases are based on the concept of negligence-that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient’s condition. What is the Statute of Limitations? Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore. Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident. For more information regarding the limitations for your specific case, please contact the Pennsylvania nursing home abuse lawyers of Heiligman & Mogul, P.C.. If you or someone you know in Philadelphia or within the surrounding areas of Montgomery County, Bucks County, Delaware County, Chester County, or Lackawanna County needs the assistance or trusted legal advice of an experienced serious injury lawyer, please call Heiligman & Mogul, P.C. today at (866) 626-3073, or complete the contact form provided on this site to begin your free consultation with a skilled Philadelphia personal injury lawyer. |
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