Erie, PA Personal Injury Attorney

In Pennsylvania a personal injury case must be filed within two years of the date that the injury accident occurred. However, there is a “discovery rule” that may, in certain situations, allow an extension of the time for filing a personal injury lawsuit or claim.

If your case does happen to fall under the discovery rule, the statute of limitations then begins to run at the time that the plaintiff knows, or should have known, that they did sustain an injury and that the injury was caused by another's negligence.

Yes, you can still file a personal injury claim if you were deemed to be partly to blame for an accident. One things to know is that Pennsylvania follows the comparative negligence law that says each part in a negligence claim or lawsuit is assigned a percentage of the fault for the accident. For instance, if you are deemed to be over 50 percent at fault for the accident, you cannot seek compensation for any damages.

The degree of fault determined is an important part of any personal injury claim and it directly relates to the amount of compensation you may receive for injuries. So, if you were deemed to be 30 percent at fault for an accident, you would then only receive 70 percent of any award.

It is difficult to provide an exact figure for what your personal injury case is worth. Generally, court awards and/or settlements can range from approximately $3,000 to $75,000 with an average payout of approximately $52,900. Depending on the circumstances of the case, the amount paid may be more or less, but it is certainly not predictable, nor is there a set amount for every single injury.

Most approximate amounts for injuries are base figures that vary depending on the facts of the case, the insurance company's cooperation or lack of cooperation, and whether you had an attorney representing you or not. How much an insurance company may concede to pay tends to relate to:

• The type and severity of injuries sustained in an accident
• Serious injuries mean higher medical costs, a longer period off work, lost wages and other related damages
• Insurance policy limits can result in lower settlement offers
• Insurance companies are not readily willing to pay “more” for a claim
• The accident victim hiring a lawyer
• The lawyer attempting negotiations with the insurance company
• The lawyer planning to go to court

Plaintiffs with attorneys often walk away with as much as three times the compensation compared to what they may not get if they attempted to handle negotiations themselves.

Most people involved in an accident do not know what to do after an accident, how to deal with insurance companies, what insurance they actually have and how to get a fair settlement from an insurance company.

Without legal representation you could lose the money you deserve in damages. Insurance companies prefer to diminish or deny claims. The only way to get them to pay what you deserve is to hire an experienced personal injury attorney. Plaintiffs represented by an attorney tend to get higher amounts because an attorney is fighting for you.

Depending on the type of personal injury accident you were involved in, such as a car, bus, truck or motorcycle crash, Pennsylvania is a choice no-fault state, which means each driver has to buy fault or no-fault auto insurance. Drivers have the choice to opt in or opt out of no-fault insurance rules.

If you opted in, you receive benefits from your own insurance company after a crash, no matter who was at fault. If you opt out, you have to prove fault to file a claim with the negligent party’s insurer. Drivers must choose their auto insurance when buying the policies and must stick with it until you are eligible to switch plans, at the end of the contract period.

For these and other reasons, it is best to deal with a Pennsylvania personal injury attorney and let them deal with the law while you heal.

The size of your settlement will depend on the facts of your case. In personal injury cases, such as car accidents or motorcycle accidents, there may be two types of damage awards. The first type of damages is compensatory damages or actual damages. Those cover all costs associated with your injuries, including medical costs, lost wages, pain and suffering, physical disability, any mental impairment or permanent disability, and the replacement or repair of property. Damages in this instance are primarily based on the extent of the injuries and their possible longevity – for example, a broken leg versus an amputation. A broken leg may not be awarded as much compensation as an amputation would.

The second form of damages that may be awarded are exemplary or punitive damages. This form of payment is considered to be punishment or a deterrent for others. Depending on the degree of maliciousness involved in the case and how egregious the defendant’s behavior was prior to the accident, punitive damages will vary on a case-by-case basis. There are no set guidelines for determining punitive damages. 

Trial cases where the jury finds a defendant guilty mean that the jury typically sets the amount of compensation to be paid. The judge has the task of determining if the amount is enough and equitable. The judge has the final say about the final award amount. Not all cases go to court. Many personal injury lawsuits are settled out of court.

After any accident, it is imperative to speak to an attorney right away. Attempting to pursue an accident case on your own is not recommended. Attorneys have years of expertise in assessing the nature of the accident and the possible outcome in terms of damages. They can judge the merits of your case and whether it would hold up in court if necessary. Lawyers can estimate approximately how much money you may receive for your injuries and damages. Most importantly, an attorney will figure out the best strategy to pursue your case to trial or settlement. 

Unless they are attorneys, most individuals are not able to adequately represent themselves in a court case. They do not understand the applicable laws or how and when to apply them. People are not aware that insurance companies work against them to reduce claims and try to get a victim to settle early, quickly and for less than what they may be entitled to in a formal settlement or trial. Moreover, plaintiffs do not understand the various deadlines to meet legal requirements. Attempts to litigate on one’s own behalf are often fruitless. 

When you first meet the attorney, you hope to represent you, you need to talk about the terms of the contract they would enter into with you, discuss any contingency fees, and what you will pay later, once a settlement or court verdict has been achieved. If you agree to work together, you can expect regular communication with the attorney to keep you updated on what is happening with your case.

For your first meeting with the attorney who you hope is going to represent you in your personal injury case, you would be well advised to bring all the information you have relating to your accident. The personal injury lawyer will want to know as much as possible to assess the merits of your case and provide you with counsel on moving forward with your case.

Bring all the insurance information you have, police reports if they exist, any reports or forms from a hospital or doctor you visited, eyewitness statements, and pictures of the area where the accident occurred. Make sure you can tell the attorney the road conditions at the time of the accident, whether or not there was construction in the area, and what the weather was like at the time of the accident. Bring anything that you think may be relevant to your case, including E.R. reports and even lists of medications. The attorney’s job is to determine what can help you win your case.

Poisoning, including drug overdose: 62,399
Car and motor vehicle accidents: 39,404
Falls: 37,455
Suffocation by ingestion, inhalation: 6,701
Drowning: 3,710
Fire/burn: 3,064
Natural/ Environment: 2,003
Mechanical suffocation: 1,395
Machinery: 1,058
Struck by or Against: 827