As a personal injury attorney, I am often asked about the time limit to file a lawsuit after suffering an injury. In legal terms, the law defining the time limit or deadline one must meet to file a legal action or lawsuit is referred to as the “statute of limitations.” Every state has its own statutes of limitations for filing legal actions of all types, including those involving a personal injury.
The holiday season is here and the new year is around the corner. During this time of year our Philadelphia law firm sees a rise in bankruptcy and personal injury cases. Whether from the financial strain and overspending common during the Christmas holiday or the dangerous road conditions and often alcohol-fueled holiday celebrations that lead to accidents, the holiday season and new year are popular times for personal injury and bankruptcy cases.
If you have suffered bodily harm as the result of an injury or an accident you have a right to be compensated for damages caused by the party responsible for injury or accident. With most personal injury cases, the party responsible for the accident (and their insurance company) will do their best to minimize their cost and settle the case with the lowest damages award possible. Personal injury cases become more complicated where the injured party has a pre-existing injury or condition aggravated or worsened as a result of the accident.
Every state has specific laws and regulations concerning personal injury claims which a personal injury lawyer must be familiar with. But here in Pennsylvania, this can be particularly tricky. Pennsylvania has a set of laws covering personal injury and automotive insurance that are unlike any other in the country: “full tort” vs. “limited tort” insurance.
One question a Philadelphia personal injury attorney often hears is, “How much compensation can I receive?” People who have been injured due to another’s negligence are understandably concerned about whether they can receive enough money to pay their damages, and whether any punitive fines will be involved.
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.
To a personal injury lawyer in Philadelphia, PA, negligence is a key issue. Negligence is at the heart of any personal injury claim. For the claimant to receive a judgement, they must demonstrate that their injuries were due to the negligence of another.
