Philadelphia Personal Injury Lawyers

Even though you probably should consult a lawyer, you might want to know some of the basics about how these cases work. Here's a general look at what you'll need to do to get compensation and some related rules that might affect your claim.

Most personal injury lawsuits are based on negligence, meaning the person or business you're suing was careless, and that carelessness caused your harm. The level of care expected is usually what a "reasonable person" would have done in the same situation. In some cases, like medical malpractice, the standard of care can be more complex. Here, an expert witness may be needed to explain what the defendant should have done differently according to professional standards.

If you were injured by an employee while they were working, you might have a claim against their employer, even if the business itself didn't directly cause your injuries. This is because of a legal concept called "vicarious liability," which means an employer can be held responsible for the actions of their employees while they are on the job. Sometimes the employer might also share some of the blame. For instance, they might have been negligent in hiring, supervising, or training their employees. An investigation into the accident can uncover these factors, revealing more about who is responsible and strengthening your case.

In some cases, you might not need to prove that the defendant was negligent to win your claim. This is known as "strict liability," and it often applies to injuries caused by defective products. For example, if you were injured by a faulty household appliance, you could sue the manufacturer under strict liability. This means that if the appliance had a defect, and that defect caused your injuries, you don't have to show that the manufacturer was careless.

Another type of personal injury claim you should know is an "intentional tort." This usually comes into play after incidents like assault or other actions that could be considered crimes. In these cases, you need to show that the defendant intentionally caused your injuries. Even if the defendant is facing criminal charges, their conviction isn't necessary for your personal injury case. You can still win by proving that it's more likely than not that the defendant is responsible for your injuries. This standard, known as "preponderance of the evidence," is easier to meet than the "beyond a reasonable doubt" standard required in criminal cases.

If you're considering filing a lawsuit for your injuries, it's important to act quickly. In Pennsylvania, there's a deadline called the statute of limitations, which is typically two years for most personal injury cases. This means you generally have two years from the date of your injury to file a lawsuit. If you miss this deadline, you might lose your chance to get compensation, even if you have strong evidence that the defendant was at fault. The defendant can ask the judge to dismiss your case, and the judge is likely to grant that request. While there are some rare exceptions to this rule, it's best not to rely on them.

In any case, it’s generally a good idea to start the legal process as soon as possible after your injury. Acting quickly helps you gather and preserve important evidence that could be crucial for proving liability and damages. For instance, surveillance footage of a slip and fall in a store might not be kept indefinitely, and the memories of witnesses can fade over time.

Sometimes an accident victim may have contributed to their own injuries. For example, imagine two drivers collide because one was texting and the other was speeding. In Pennsylvania, you can still get compensation in these situations, as long as you were not 51 percent or more at fault for the accident. This is known as the modified comparative negligence rule. Under this rule, if you are found to be partly at fault, the amount of compensation you receive will be reduced by the percentage of your fault. In other words, if you were 30 percent responsible for the accident, your damages would be reduced by 30 percent.

In some states, there are limits called damages caps that restrict the amount of compensation you can receive in a personal injury lawsuit. Fortunately, Pennsylvania generally does not impose these caps, except in cases involving lawsuits against the government. However, there is a specific limit on punitive damages in medical malpractice cases. Punitive damages are awarded when the defendant's actions were particularly egregious. In Pennsylvania, the amount of punitive damages in a medical malpractice case against a doctor cannot exceed twice the amount of compensatory damages, unless there was intentional misconduct.

If you believe that someone in the government caused your injuries, you need to act quickly. Instead of the usual statute of limitations, you have only six months to file a notice of claim with the government. This notice of claim should include details such as when and where the accident occurred. Filing this notice is crucial because if you don't do it within the six-month timeframe, you won't be able to file a lawsuit later, even if you're still within the regular statute of limitations period.

Pursuing a personal injury case in court can be lengthy, costly, and tense. Since juries can be unpredictable, even convincing evidence may fail to guarantee a victory. This uncertainty, combined with substantial legal expenses, motivates both injured individuals and defendants (or their insurers) to pursue settlements. In a settlement, the injured party agrees to forgo legal claims in return for a predetermined payment, allowing both sides to sidestep trial-related risks and complications.

Choosing to settle often comes with numerous benefits. The resolution usually happens much faster than going to trial, decreasing the stress and duration of the legal process. It also speeds up financial relief for medical bills, missed earnings, and other damages. Additionally, settling helps the injured individual move forward toward recovery emotionally. Still, it’s important to avoid rushing into a settlement. Insurance companies may start with a low offer to limit their financial exposure and try to settle swiftly. Before accepting, it’s critical to assess whether the proposal sufficiently covers all incurred and future costs.

A key danger of settling prematurely is underestimating the lasting impacts of your injuries. When severe harm is involved, it’s often wise to wait until doctors can provide a clear prognosis. This helps ensure a realistic understanding of potential long-term disabilities, future healthcare requirements, and how the injuries could affect employment and overall quality of life.

If you are running into obstacles with an insurance carrier or have serious injuries requiring significant compensation, seeking a lawyer’s advice is critical. Even if your case seems straightforward, there may be hidden factors you have not considered. An experienced attorney can help you recognize these subtleties and craft a more effective legal plan.

A lawyer will collect the necessary proof to show the other party’s responsibility and the extent of your losses. The exact evidence depends on your circumstances but often includes photos or videos of the accident scene, your physical injuries, and any property damage. Eyewitness accounts offer valuable details, while medical records, bills, and documentation of reduced income highlight the severity and cost of your injuries. Expert opinions on future care needs and how your injuries might affect your life and work also bolster your claim. Statements from people who know you add insight into how these injuries have influenced your routine and overall well-being.

Your attorney’s insight is crucial for assessing settlement offers. Their familiarity with comparable cases helps determine if an offer suits your situation. While they will explain the pros and cons, they cannot finalize any deal without your approval. Only you can decide whether to settle or go to trial.

If you choose a trial, your lawyer becomes indispensable, managing every aspect from selecting the jury and presenting evidence to questioning witnesses and arguing your case. They will keep you on track with deadlines and legal obligations, safeguarding your rights and avoiding missteps. They will also clarify each stage of the process, ensuring you remain informed. In such a stressful period, a skilled attorney can be a vital source of support and guidance.

Finding a personal injury attorney in the Philadelphia area can feel daunting because of the sheer number of options. To narrow down your choices, online directories like Justia can be a great resource, allowing you to assess different lawyers and see which ones fit your requirements.

Experience is a key factor. You should seek out an attorney who has worked on cases similar to your own. For instance, if you’re suing over a faulty product, look for a professional skilled in products liability. If you slipped and fell on someone else’s property, focus on someone with premises liability experience. And if a doctor made a serious mistake during surgery, you’ll likely need a legal team with a track record in medical malpractice.

Many law firms display their previous wins online, and while those numbers can show you their capabilities, they’re only part of the picture. Client reviews often offer valuable insights into what it’s like to work with that attorney. Testimonials from other Philadelphia lawyers can also reveal a practitioner’s reputation for skill and professionalism.

Checking a lawyer’s history with the Pennsylvania Bar Association is another smart step. This research helps you avoid lawyers who may have a pattern of ethics violations or other significant issues. One older, minor infraction might not pose a problem, but recent or serious misconduct is a strong reason to be cautious.

Most personal injury attorneys offer complimentary initial consultations. Take advantage of these to get different opinions about your case. During these meetings, note not just the legal advice you receive but also how comfortable you feel talking with the attorney. The rapport you build with your lawyer is critical to a positive working relationship.

Motor vehicle accidents may be the first thing that comes to mind when you think of personal injury lawsuits. However, this is far from the only situation in which these claims can arise. Here are some other examples:

• Medical malpractice: a healthcare provider failed to meet the appropriate standard of care for their profession
• Slip and falls: a property owner didn't keep their premises in a safe condition or warn people about hazards there
• Defective products: a consumer or worker got hurt because there was a manufacturing or design defect in an item that they were using, or it lacked proper safety warnings
• Dog bites: someone's pet injured another person
• Nursing home abuse and negligence: staff at a licensed care facility mistreated an elderly resident either intentionally or carelessly
• Workplace injuries: these might include on-the-job vehicle accidents, falls from heights, being struck by heavy objects, or mishaps involving machinery

If you’ve been injured on the job, you can likely get benefits through the Pennsylvania workers’ compensation system. This system helps cover your medical expenses and a portion of your lost wages, regardless of who was at fault for the injury. However, there is a downside: you can’t sue your employer in a standard personal injury lawsuit, and workers’ compensation benefits are more limited compared to the damages you might recover through a lawsuit. There is a way around this limitation in some cases. If a third party contributed to your injuries, you might be able to bring a lawsuit against them. For example, if you were hurt because of a defective piece of equipment, you could potentially file a products liability claim against the manufacturer. This type of lawsuit could allow you to recover a wider range of damages than what workers’ compensation offers.

A recent analysis of personal injury verdicts in Pennsylvania showed that the average amount was over $900,000. However, this can be misleading because a small number of cases resulted in huge awards. A more helpful measure may be the median. This is the number in the middle of the data, larger than half the awards and smaller than the other half. The median award in Pennsylvania personal injury verdicts analyzed by the study was $45,000, which is much smaller than the average. It’s also worth noting that the study found that personal injury plaintiffs received an award in only 38 percent of the cases that it analyzed.

Meanwhile, here are some notable personal injury verdicts and settlements from Pennsylvania in recent years:

• $11 million for a gun owner injured by a dangerously designed pistol and holster
• $8 million for negligence by an obstetrician during labor, leading to multiple cardiac arrests and an emergency hysterectomy
• $5 million for an accountant who slipped on spilled olive oil in a Walmart, which prevented him from continuing to work in his profession
• $3.5 million from the Archdiocese of Philadelphia for allegedly ignoring accusations of sexual abuse by a priest
• $1.3 million for a person who tripped and fell down allegedly defective steps at a restaurant, resulting in multiple surgeries
• $275,000 for a bicyclist who was killed at an intersection by a driver who had been served alcohol by the defendant

However, you shouldn’t estimate the likely value of your case based on general statistics or on amounts that are reported for other cases in the news. Each case is unique. Your attorney will know how to estimate the damages that you may be entitled to receive.

The Pennsylvania Department of Transportation provides statistics on car accidents throughout the state. Its data for 2023 showed that 8,549 crashes occurred in Philadelphia County, including 128 fatal crashes, 5,526 crashes resulting in injuries, and 2,895 crashes resulting only in property damage. Philadelphia County accounted for 7.7 percent of the total crashes in Pennsylvania, ranking second behind Allegheny County. However, the 135 fatalities in car accidents accounted for 11.2 percent of the Pennsylvania total, ranking first among counties.

MoneyGeek recently conducted a study of fatal crashes in Pennsylvania. This revealed the 10 deadliest stretches of road in the state, of which six are in the city of Philadelphia. These are:

• Roosevelt Boulevard from West Wyoming Avenue to Hartel Avenue
• Delaware Expressway from Dock Street to Exit 17
• North Broad Street from Stenton Avenue to West Susquehanna Avenue
• Delaware Expressway from Van Kirk Street to East Wildey Street
• Allegheny Avenue from Aramingo Avenue to North 3rd Street
• Aramingo Avenue from East Ontario Street to Sepviva Street

In a city as busy as Philadelphia, it’s always wise to keep a careful eye on your surroundings and practice defensive driving. Leaving plenty of space behind the car in front of you, reducing speed in bad weather, signaling before turns, and checking blind spots are a must.

Someone who was injured in a motor vehicle collision in the Philadelphia area probably will want to get a copy of the report made by the police officer who came to the scene. This can help explain what happened and who was at fault. The crash report is a type of public safety record. You can request it online from the Philadelphia Department of Records through the public safety reports application. Alternatively, you can make your request in person or by mail. The Public Safety Records Unit in the Department of Records is located in Room 170 in City Hall at 1400 John F. Kennedy Boulevard.

If you think that a doctor, nurse, or other individual healthcare provider may have committed malpractice, you can file a complaint with the Pennsylvania Department of State. Complaints about problems at a hospital, nursing home, or other medical facility should go to the Pennsylvania Department of Health instead.

People who have experienced a violent crime, such as an assault, can consult the resources provided by the Victim Services Program of the Philadelphia Police Department. These include a Victims Compensation Assistance Program, which provides reimbursement for medical expenses and lost income. (You need to cooperate with the police investigation to access these funds.) Meanwhile, the Office of Victim Advocate is a state agency that helps advocate for the rights and needs of victims.

If you were injured on the job, you can check out the information presented by the Bureau of Workers’ Compensation in the Pennsylvania Department of Labor and Industry. This includes a general guide that explains whether a worker is covered, which types of injuries are covered, which benefits may be available, and how to get them.

1. How much will it cost to hire a personal injury lawyer?

   Hiring a personal injury lawyer doesn't require any upfront costs. These lawyers work on a contingency fee basis, meaning they only get paid if they secure compensation for you. If your lawyer is successful in getting you money, they will take a percentage of that amount as their fee. The exact percentage can vary depending on how far the case progresses, but it generally ranges between 25 and 40 percent.

2. What types of compensation can I get in a personal injury case?

   In a personal injury case, you may be able to receive both economic and non-economic damages. Economic damages cover costs that have a clear dollar amount. These include things like your medical bills and any wages you lost because you couldn't work. Non-economic damages are more subjective and cover intangible harm, such as your pain and suffering. In some extreme cases, you might also be eligible for punitive damages. These are intended to punish the defendant for particularly egregious behavior and to discourage others from acting in a similar way.

3. Will I need to go to court for my personal injury case?

   The chances are that you won’t. Most cases settle out of court. However, sometimes a case goes to trial if the two sides are too far apart to reach a compromise. It’s important to keep this option in mind rather than feeling compelled to take a settlement that your attorney and you don’t think is reasonable.

4. What happens if the driver who hit me didn’t have insurance?

   If you have uninsured/underinsured motorist (UM/UIM) coverage, you can file a claim with your own insurance provider if you're in an accident with a driver who doesn't have enough insurance. While Pennsylvania doesn’t require you to have this coverage, insurance companies must offer it, and it’s highly recommended to get it for extra protection. If you don’t have UM/UIM coverage, you can still file a claim against the at-fault driver if you know who they are. However, keep in mind that they may not have enough assets to fully cover your injuries and damages.

5. Is a dog owner strictly liable for a dog bite in Pennsylvania?

   If you’ve been bitten by a dog, the owner is strictly liable for your medical treatment costs. However, if you want to seek additional damages, such as compensation for pain and suffering, you won’t be able to rely on strict liability.

6. Who can bring a wrongful death action in Pennsylvania?

   In a wrongful death case, the personal representative of the deceased person's estate typically has the responsibility to file the lawsuit. However, if the personal representative does not take action within six months of the death, others who are eligible to receive damages can step in to file the claim. This often includes a spouse, child, or parent.