What Constitutes Serious Injury in Philadelphia Personal Injury Cases?

personal injury lawyer in Montgomery County, PA discusses what constitutes serious personal injury

When you go to a personal injury lawyer in Philadelphia with a personal injury claim, one important question that will be raised is whether enough injury has occurred to justify a court case; is the injury a serious injury? A simple sprained wrist or a few bruises, for example, are usually insufficient for bringing a case to court. Most likely minor injuries would be insufficient to warrant filing a case.

Fortunately, your personal injury attorney will be well-versed in looking into these situations. Every case is different, and only direct consultation will allow you to know your situation with certainty. However, here are some guidelines.

Is My Personal Injury A Serious Injury?

The first and most important thing to know is that Pennsylvania law does not contain a strictly literal definition of “serious injury.” The very term itself is fundamentally up for debate. After all, while we said above that a sprained wrist is usually insufficient to be called “serious,” the situation might change if you were a professional pianist or tennis player!

However, generally speaking, a serious injury is one which will have a long recovery time, or potentially leave long-lasting effects. Such injuries could include:

  • Severe brain injury
  • Spinal injuries resulting in paralysis
  • Loss of limbs, or permanent crippling of limbs
  • Loss of eyesight or other senses
  • Permanent damage to bodily organs
  • Injuries which would prevent procreation or childbirth
  • Injuries resulting in permanent disfigurements, such as severe burns

These matters are generally evaluated with the assistance of expert testimony. Doctors’ opinions and medical reports are highly-valued and will be given a lot of weight when assessing the impact of an injury. Matters such as the impact on a person’s job and ability to earn a wage will also be given attention.

Fortunately, under Pennsylvania law, no cap exists on damages or liability. You can potentially be paid for any and all damages proven, including future ongoing damages, with no real restriction.

However, one mitigating factor is present that you should be aware of. Pennsylvania uses a “shared fault” system for determining responsibility for an accident. When the court determines that both parties were partially at fault, shared fault will attempt to assign percentile values – such as saying the defendant was 75% at fault, while the plaintiff was 25% at fault. In this situation, the plaintiff’s claims would then be reduced by 25% as a reflection of their portion of responsibility for the accident.

For Serious Personal Injury, You Need an Experienced Legal Team

The nuances of Pennsylvania personal injury law are many, and a highly-experienced Philadelphia personal injury lawyer can help you get you all the compensation you deserve. In the event you have been injured, contact Alfred Abel Law Offices as soon as possible.


Alfred Abel Discusses 4 Ways to Reduce Your Costs and Avoid Bankruptcy

Ways to Avoid Bankruptcy by cutting costs- scissors cutting an image of the word costs on white background

When you visit our Chapter 13 bankruptcy attorney in Philadelphia to discuss filing for bankruptcy, we will help you learn what your options are. Whether you are considering Chapter 13 or Chapter 7 bankruptcy, the process can be disruptive and affect your credit for several years, so in a perfect world, we all want to avoid this consequence. Consulting a Chapter 13 bankruptcy attorney in Philadelphia early, before things become too overwhelming, is a good idea. Sometimes we can suggest alternatives.

Four Ways to Improve Your Bottom Line and Avoid Bankruptcy

If you are already in an overwhelming situation, the time to seek a consultation is now. Delinquencies can hurt your credit as much as a bankruptcy if they go unresolved. However, if you are just under some financial stress, you might be able to utilize the following cost-cutting or revenue-boosting ideas.

  1. Sell unnecessary assets such as a second car or second home
    Selling off property can hurt, but can be a way to avoid bankruptcy if you can pay off some of your debts. After all, some proceedings -such as Chapter 7- involve these assets being sold anyway, at auction. In addition, if you make the sale yourself, you can potentially make more money to use toward bills.
  2. Refinance your home, car, or other major purchase
    In the event you have too many monthly payments that are beyond your ability to pay, you may be able to refinance them and lower those payments. However, know that you will have better luck with this tactic if you still have a relatively good record of payments. Too many missed payments will make banks less flexible when working with you.
  3. Consolidate school loans
    In many cases, consolidating your school loans can be an excellent way to cut your monthly bills. School loans usually cannot be discharged in bankruptcy, so anything you can do to lower your monthly payments on them could help.
  4. Cut down on subscriptions
    We tend to have so many subscription-based services today, and they can really add up. Netflix, Amazon, magazines, country clubs, gyms… the list can be endless. Take an inventory of your subscriptions and see what you could save by canceling some of them until you have your finances back in order.

Consult with An Experienced Chapter 13 Bankruptcy Attorney in Philadelphia

No matter your financial situation, you have options! In overwhelming financial circumstances, Chapter 7 and Chapter 13 offer the chance to start over. Contact us to schedule a consultation with Alfred Abel Law Offices to learn if bankruptcy is the right choice for you.


What to Do If You Are Involved in an Auto Accident Out-of-State

More than 6 million vehicle accidents occur annually. Most only involve property damage, but around one third of those accidents involve personal injury. Being involved in a motor vehicle accident, regardless of where the accident happens, can be an unnerving situation. When you are on vacation or traveling and become involved in an auto accident out-of-state, the situation can be especially stressful since you are in unfamiliar surroundings. State laws generally impose legal obligations on everyone involved in an accident, therefore, knowing what to do and how to protect your interests, as well as contacting a local personal injury attorney, can save you from personal and financial hardships down the road.


A Lawyer in Philadelphia Discusses the Problem of Senior Abuse via Power of Attorney, and Bankruptcy

Lawyer In PhiladelphiaAs lawyers in Philadelphia, we know that an unfortunate fact is that the elderly in our country are at heightened risk of fraud and other forms of senior abuse.  What is more unfortunate is that the majority of the time, the abuser is a friend or family member – such as in cases of senior abuse by someone with Power of Attorney (POA).  


Understanding How Fraud and other Bad Acts Relates to Bankruptcy, From A Philadelphia Bankruptcy Attorney

Chapter 13 Bankruptcy Attorney in PhiladelphiaAny Philadelphia bankruptcy attorney knows many misconceptions exist regarding personal bankruptcy. One of these misconceptions is that all debts are dischargeable in bankruptcy.  Of course, most are, but a number of obligations may be deemed “non-dischargeable” such as tax bills, court-ordered child support, and some types of college loans.


Staying Within the Law When You Need to Collect Business Debts in Philadelphia

keylock on a paper contract - Philadelphia business litigation attorney - binding contractOne inevitable aspect of running a business, even a small business, is running into situations where a customer is unable to pay their bills.  From time to time, you will have to deal with a customer in collections, but you will need to tread carefully when this occurs.

The safest course of action is to hire a Philadelphia business litigation attorney or at least a qualified collections agency. If the amount is small, however, you may have recourse to more cost-effective options.  Should you find yourself in a situation where you need to collect, here are some guidelines to follow.


Personal Injury Lawyer in Philadelphia – Be Aware of the Most Common Summer Personal Injury Claims

Personal Injury Lawyer in Philadelphia When you have suffered a personal injury through no fault of your own, a qualified personal injury lawyer in Philadelphia can help you receive the compensation you deserve.  However, all things being equal, avoiding situations where personal injury could happen is best.  No jury prize can ever undo a permanent injury.

As personal injury lawyers in Philadelphia, we tend to see the same cases occur over and over during the summertime.  Keep yourself physically safe, and safe from liability, especially in these situations!


The Hows And Whys of Having A Lawyer In Philadelphia On Retainer

Lawyer In Philadelphia One common misconception we often come across, particularly among smaller businesses, is that having a lawyer in Philadelphia on retainer is only for larger organizations.  In fact, businesses of almost any size could keep a lawyer on retainer, and a lot of situations exist where this would make sense.

Our business lawyer explains what having a lawyer in Philadelphia “on retainer” means and some of the reasons why you might want to do so.