When you\u2019ve been involved in an accident, it can be hard to know if you have grounds for a personal injury claim. Understanding what qualifies as personal injury is key to protecting your rights.<\/p>\n\n\n\n
This post will discuss personal injury qualifications so you can start pursuing the compensation you need to get your life back on track.<\/p>\n\n\n\n
A personal injury claim arises when someone suffers harm due to another party\u2019s negligence or intentional actions. There are a broad range of personal injuries you can suffer, but certain types arise very commonly in our line of work as personal injury attorneys in Philadelphia (we cover these in more detail in the next section).<\/p>\n\n\n\n
The objective of a personal injury claim is to recover compensation (damages) for the harm you\u2019ve suffered. These damages fall into three broad categories:<\/p>\n\n\n\n
\u201cPersonal injury\u201d is a broad term; in its most general sense, it could refer to almost any type of harm you can suffer. However, for the purposes of this blog, we\u2019ll focus on personal injuries that arise because of the negligence or intentional acts of others. These are the types of personal injuries that can give rise to compensation:<\/p>\n\n\n\n
Car accidents<\/a> are among the most common causes of the personal injury claims we deal with. Common road accident injuries include w<\/a>h<\/a>iplash<\/a>, fractures, and traumatic brain injuries<\/a>.<\/p>\n\n\n\n Because Pennsylvania is a choice no-fault state, it\u2019s not always necessary to file a personal injury lawsuit to recover compensation in the wake of a road accident. We cover this in more detail later on in this post.<\/p>\n\n\n\n According to the National Safety Council (NSC), falls accounted for over 8 million nonfatal injuries<\/a> in the U.S. in 2022. This is more than three times the number caused by motor vehicle accidents.<\/p>\n\n\n\n Of course, a large percentage of falls are complete accidents and do not, therefore, give rise to any liability. However, if you suffer a fall because of a hazardous condition on someone else\u2019s property, you may be entitled to file a slip-and-fall lawsuit<\/a> against that person or business.<\/p>\n\n\n\n Wet floors, uneven surfaces, and poor lighting commonly give rise to cases like these. Property owners (particularly those with businesses that are open to the public, like stores) have a responsibility to keep their premises safe, and failing to do so can result in liability.<\/p>\n\n\n\n Medical malpractice<\/a> happens when a healthcare provider deviates from the accepted standard of care in a given situation, causing an injury to a patient. These cases commonly involve surgical errors, misdiagnosis, or medication mistakes.<\/p>\n\n\n\n Medical negligence cases are often difficult to win, for a few reasons. They tend to be highly technical and, because plaintiffs are already sick or injured by the time the alleged malpractice takes place, it can be hard to prove that negligence made the situation worse. For this reason, it\u2019s important to hire a law firm with a strong track record of success in cases like these.<\/p>\n\n\n\n Workplace injuries can result from accidents (such as construction incidents or exposure to hazardous materials) or from repetitive motion (such as lifting and carrying, or even the long-term use of a keyboard and mouse<\/a>).<\/p>\n\n\n\n In many cases, workers\u2019 compensation will cover the costs arising from work-related injuries, but a separate personal injury claim may be appropriate in some circumstances.<\/p>\n\n\n\n Product liability refers to injuries caused by defective or dangerous products. This can include faulty machinery, unsafe drugs, or poorly designed consumer goods. Manufacturers, distributors, and retailers can all be held liable if a product causes harm.<\/p>\n\n\n\n If you\u2019ve suffered an injury similar to those experienced by other users of a particular defective product, you may be able to join a class-action lawsuit related to the issue in question. If you\u2019re wondering how this process works or whether it might be appropriate in your situation, you should discuss your case with a personal injury attorney.<\/p>\n\n\n\n When a person dies due to another party\u2019s negligence, close family members may seek compensation through a wrongful death claim. These operate similarly to personal injury lawsuits, in that they arise from the same kinds of incidents and require the same standards in terms of negligence.<\/p>\n\n\n\n Wrongful death claims can cover costs like:<\/p>\n\n\n\n A personal injury lawsuit can be a very effective means of securing compensation following a personal injury, but there may be an easier way. If you\u2019ve had a car accident or a workplace injury, you may not need to file suit in order to secure the damages you require.<\/p>\n\n\n\n It\u2019s also possible to negotiate a settlement with a third party without filing a lawsuit. However, if you choose to do this, you won\u2019t get the chance to request evidence from the other party to the dispute during the discovery process<\/a>. For this reason, we generally recommend filing a lawsuit before starting negotiations.<\/p>\n\n\n\n Pennsylvania is a choice no-fault state. If you have no-fault coverage, you\u2019ll be able to file a claim with your own insurance company following a road accident, regardless of who was at fault for your accident. This can save a lot of difficulty during the post-accident period, as you won\u2019t need to prove who was responsible for your crash.<\/p>\n\n\n\n However, if the damages you incur exceed the limitations of your no-fault policy, you may still have to file a personal injury lawsuit to recoup the balance. The same applies if you don\u2019t have no-fault coverage.<\/p>\n\n\n\n Additionally, even if your own insurance policy is sufficient to cover your damages, you may still have difficulty with your insurer. The company may try to dispute the true value of your claim, or exploit some technical loophole to throw out your claim completely.<\/p>\n\n\n\n Remember, no insurance company is your friend; they are all profit-seeking organizations that will do what they can to limit their expenses related to claims. If you\u2019re in a difficult situation with an insurance company and you\u2019re not sure what to do, it\u2019s generally a good idea to consult with a lawyer<\/a>.<\/p>\n\n\n\n If your injury happened at work, or because of your work activities, you should be entitled to workers\u2019 compensation. This mandatory insurance scheme provides wage replacement and coverage of medical costs to employees who get sick or injured, if the condition is work-related.<\/p>\n\n\n\n However, accepting workers\u2019 comp benefits does legally preclude you from suing your employer in relation to your accident. This means you generally cannot access noneconomic damages following a workplace injury. An exception to this may arise if you can file a lawsuit against a third party who may have been legally liable for your injuries, such as the manufacturer of a defective piece of protective equipment.<\/p>\n\n\n\nSlip-and-Fall Accidents<\/h3>\n\n\n\n
Medical Malpractice<\/h3>\n\n\n\n
Workplace Injuries<\/h3>\n\n\n\n
Product Liability<\/h3>\n\n\n\n
Wrongful Death<\/h3>\n\n\n\n
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Do All Personal Injuries Require Lawsuits?<\/h2>\n\n\n\n
Auto Insurance Claims<\/h3>\n\n\n\n
Workers\u2019 Compensation<\/h3>\n\n\n\n
Can You File a Personal Injury Claim for Emotional Distress Alone?<\/h2>\n\n\n\n