How Do I Know if I Have a Personal Injury Case?
You are going about your day when pow! You are involved in an accident through no fault of your own. You hurt everywhere. Medical bills are rising, leaving you to wonder, ” Do I have a personal injury case?” If you lose wages, health, or quality of life, you owe it to yourself to know if you have a personal injury case or not.
Personal Injury Cases
Most think of auto accidents when thinking of personal injury cases and with good reason. According to “The Pennsylvania Department of Transportation Handbook, in 2020, serious injury accidents caused $2,806,914,140 in economic loss alone. The PDT further states that there are approximately seven injuries per hour.
So yes, auto crash injuries are valid, but other injury cases are also. A few common types of personal injury cases include:
- Medical Malpractice
- Auto Accidents
- Slip and Fall
- Work-Related Injuries
- Product Liability
Generally, each of these can happen due to neglect, dangerous behavior, or practices. A personal injury lawyer Easton PA can give you information about these situations. Reach out to Sharma Law Office for the best legal advice.
What Are the Elements of a Personal Injury Case?
Duty of Care
Every time we go out, we trust those responsible for different things to do their duty of taking care or being responsible. For instance, a shopkeeper needs to clear the entrance of ice or other things that could cause a fall. That is his duty of care or responsibility to others.
So, for personal injury cases, the first thing to consider is whether the responsible person in the situation performed his duty of care, or was he aware of the danger and showed negligence instead?
Breach of Duty
If a property owner neglects a duty, which causes an accident, or a driver runs a stop sign which causes a wreck, they have “breached the duty of care.” They were aware of their duty and neglected it, which resulted in accidents and injury.
No matter if it is a fall, a broken product, a drunk or bad driver, etc., causation means the injury was caused by the negligent actions of the person responsible for the situation. For example, the other driver neglected to obey traffic laws, therefore causing an accident.
You must have real damage backed up by evidence. If someone is negligent, but it did not result in damage, then there is no personal injury case. Damage is medical damage, property damage, or loss of wages.
What Is the Statute of Limitations for a Personal Injury Claim?
The statute of limitations is the time limit you can file a personal injury claim. States may differ on this time limit, but the State of Pennsylvania has a two-year limit for filing personal injury claims according to state law section “5524. Title 42.”
When filing a personal injury claim, helpful evidence that you might need includes:
- Medical Records (immediate after the accident and ongoing during and relating to the case)
- Statements from witnesses
- Videos from any cameras in the area
- Police reports
Sometimes it is difficult to gather everything yourself. Your attorney can help you in that aspect. Your attorney will also file claims and try to get a successful pretrial outcome, or if the case goes to court, they will represent you during the proceedings.
How Long Will My Personal Injury Case Take?
Each case has its time frame, as each may differ in evidence required or other aspects.
The process begins with an initial consultation. Sharma Law Office ensures everything is covered in this consultation. They answer all of your questions and explain the process completely.
Once it has been confirmed that you have a valid claim, the case moves forward, gathering evidence and working towards a successful conclusion in the time frame your particular case requires.
No panic or stress is needed as bills come in after an accident. Concentrating on getting better should be the priority. Contact an Easton personal injury lawyer by contacting Sharma Law Office today. We will help with getting the compensation you deserve.