Philadelphia Personal Injury Lawyer
If you or a loved one is suddenly dealing with an injury caused by someone else, we can help. We start with a free consultation with an experienced Philadelphia personal injury attorney, which will include an analysis of your case and explanation of your options.
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What constitutes a valid personal injury claim?
Every day, people injure other people, directly or indirectly. However, not all of these instances of harm can form the basis of a personal injury claim. In order to sue someone for injuring you, your Philadelphia personal injury lawyer has to establish certain elements.
Put simply, your claim must show that you suffered an injury due to someone’s breach of duty. For example, a motorist owes the public the duty not to drive negligently. If the driver drives negligently and hits a pedestrian, the pedestrian can sue.
Similarly, a movie theater has the duty to keep its walkways safe. There’s likely liability if the staff knowingly allows a spill to sit without cleaning it up and someone slips and falls.
In some instances, determining liability is simple, especially in cases involving only two parties—the injured and the injurer. However, many cases involve multiple parties, all of whom will have lawyers fighting to reduce their percentage of the fault.
Our legal team has dealt with defense lawyers for years, and we know precisely what they usually want—a case dismissal or a very small payout. But our law office does not accept low-ball settlement offers. Our track record of successful representation demonstrates that we fight for maximum compensation for our clients. With the lead members of our law office named Super Lawyers, we have a reputation for getting what our Pennsylvania clients need.
Common Types of Personal Injury Cases
Personal injury cases are common in society because negligence is common. It can manifest in practically any action or activity in which a person engages. Throughout our history of representing clients in personal injury cases, we have handled and resolved hundreds of varying situations to our clients’ benefit.
Below are some of the common types of personal injury cases we come across.
Slip and Fall Accidents
Everyone has heard of the slip and fall, but many may not know how devastating these accidents can be. Depending on the circumstances, people injured in slips and falls may suffer extensive injuries, including catastrophic injuries and even death.
Slip and fall lawsuits are based on the theory of premises liability. It holds that an owner or tenant is responsible for keeping certain areas of their property safe for the public. It applies to those whose property, or a part of it, is open to the public, including private homeowners and tenants.
For example, a grocery store owner or manager is responsible for keeping the aisles, entrances and exits free from spills and clutter that might cause a fall. Additionally, the owner or manager must keep these walkways and doorways adequately lighted.
Other examples of places where you might fall include:
- Sports arenas
- Private property
When you experience a fall and an injury, it’s important to seek medical attention as quickly as possible. You need a medical professional to treat and document your injury as close in time to the accident as possible. If you don’t, the defense can cast doubt on the actual cause of your injury.
Motor vehicle accidents represent a large percentage of personal injury cases. In Philadelphia, traffic is a huge problem. Out of all of the counties in Pennsylvania, Philly had the most reported traffic accidents and traffic-related fatalities in 2020.
Auto insurance policies have provisions that cover bodily injury. When you’re injured in a car accident, truck accident or motorcycle accident in Philadelphia, the other party’s insurance company will immediately get involved.
It’s important to understand that insurance companies often want to either reject your insurance claim for compensation outright or water it down significantly.
For this reason, you should contact a personal injury attorney before accepting any settlement offer. You need an advocate to review your case and evaluate the settlement offer. In many cases, the financial compensation offers from insurance companies are far below what a client deserves.
Consumers trust that the products they buy won’t harm them during normal use. Unfortunately, this trust is sometimes violated, and a product ends up injuring a consumer. When this happens, the manufacturer, advertiser and retailer may be liable for those injuries.
The following are the main types of product defects:
- Design defect
- Manufacturing defect
- Advertising defect
In some cases, a product will suffer from all three defects. Whatever the fault may be, our Philadelphia personal injury lawyers will work diligently to get you or your loved one a fair settlement. You deserve to be compensated by companies who fail to market safe products.
Construction sites are among the most dangerous work environments in the world. Due to the nature of the work and the high use of heavy machinery, catastrophic injuries are common. In Pennsylvania, private construction projects caused the most fatalities out of all other industries in 2020.
The Occupational Safety and Health Administration (OSHA) has identified four major causes of fatalities at construction sites. Known as the “fatal four,” they are:
- Flying or falling objects
- Trapped inside or between
When it comes to non-fatal accidents, most of the leading causes are preventable and foreseeable, which means negligence is at play when they occur. They include:
- Lack of adequate fall protection
- Equipment in poor working condition
- Equipment lacking safety guards
- Obstructed walkways
- Unadvertised holes and trenches
When a construction injury is someone else’s fault, you or your loved one has the right to demand compensation for your injuries. Although workers’ compensation benefits will cover your employer’s liability in Philadelphia, you may have a personal injury claim against another worker, professionals or equipment manufacturers and retailers.
Medical malpractice cases involve serious breaches of trust, confidence and duty. They take many forms and can result in catastrophic injuries. Society places great responsibility on surgeons, pediatricians, nurses and other health care providers. As such, they are held to high standards.
Common types of medical malpractice cases we deal with are:
- Errors in surgery
- Prescription medication errors in prescribing and administering
- Misdiagnoses and missed diagnoses
- Birth injuries
As professionals ourselves, we know how important it is to not only meet but also surpass the expectations placed on all professions. Accountability is essential to maintaining high standards, and we seek accountability for our clients through maximum compensation.
Catastrophic injuries can often lead to death. Sometimes, the death occurs during or soon after the accident, and other times, it is prolonged. Both situations are tragic and deeply affect many lives.
Although no amount of compensation can bring back a loved one, it will help ease the financial impact of losing a family member or friend. We’ve accompanied many clients through the wrongful death claims process and understand the pain and suffering victims’ families and friends feel.
Compensation in Personal Injury Cases
The amount of financial compensation you may receive depends entirely on your injuries. Damages, which are the calculable harms you’ve suffered and will suffer, are determined by assigning a monetary value to the totality of your losses.
Damages in personal injury cases in Pennsylvania include:
- Medical bills
- Medical equipment
- Modifications of home and vehicle to accommodate serious injury
- Loss of wages, including future wages
- Pain and suffering
- Loss of consortium
Your life and livelihood matter, and you might be entitled to significant financial recourse if someone else’s negligence was the cause of your injury. Don’t let medical expenses exhaust you and your family members when you have a claim for financial compensation.
Frequently Asked Questions
Our personal injury law firm strives to keep our clients in the loop by providing frequent case updates and answering any questions that come our way. The following are a few of the common ones we receive.
Yes. The statute of limitations for personal injury cases is two years in Pennsylvania. Courts want to encourage litigants to file their cases early, while evidence is fresh and witness recollection is more reliable. That’s why it’s vital to contact an experienced attorney promptly.
Our law firm will take your case on a contingency fee basis. This means our service fees come out of the settlement or verdict you receive. If we don’t win or settle your case, you won’t be responsible for paying attorney fees.
In Philadelphia, you may be able to collect compensation if you are less than 51% at fault for the injury. This rule comes from a theory known as “comparative negligence.” A skilled attorney can help you understand how your share of fault could affect the compensation you’re eligible to receive.
It depends on your case. If the situation is fairly straightforward, a settlement could be reached within days or weeks. Sometimes, it may take years for accident victims to see their compensation.
In many cases, you will need an attorney to successfully prosecute a personal injury claim. There are times, however, when you may not need one, such as when the claim is straightforward and the insurance company is cooperative. With that being said, seeking legal advice through a free consultation is a good idea, regardless of how you decide to handle your case.
Schedule a Free Case Evaluation with Our Experienced Personal Injury Attorneys
When you contact Meirowitz & Wasserberg, LLP, you get the benefit of our years of experience representing hundreds of clients from Pennsylvania in all manner of personal injury claims. We pride ourselves on our ability to work successfully to provide direct benefit to our clients.
If you are considering filing a personal injury lawsuit, contact us today, and our legal team will walk you through a free evaluation of your case.
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