IN Fox Chapel Area Spring 2016 | Page 62

SPECIAL SECTION: FA M I LY LAW PERSONAL INJURY LAW Personal injury or tort lawsuits refer to injuries to the body, mind, or emotional well-being of an individual. Typically, in a personal injury suit, an individual (defendant) who has caused harm compensates the individual (plaintiff) who suffered the harm. Damages awarded to the plaintiff are often negotiated and agreed upon by both parties or ordered by a judge. It is important to act quickly when you’ve been injured to protect your rights, as there are time limits, called statute of limitations, that vary by state that confine your opportunity to take action. What is the most common personal injury case? Answer: Automobile accidents. The car insurance company will typically determine if the car is totaled or if payment is in order to cover repairs. Once it is determined who is at fault, reimbursement for damages will come from the policy holder or the insurer. If you find yourself in a hit-and-run accident, compensation for damages will come from your own insurance company. What are the different types of personal injury claims? Answer: Negligence, strict liability, and intentional torts. Negligence involves harm caused by carelessness. It is accidental and often found in cases such as auto accidents and medical malpractice. Strict liability cases hold manufacturers and designers liable for injuries from defective products. These claims require the plaintiff to show that a product was manufactured in a way that was dangerous when used as intended. An intentional tort requires the plaintiff to prove that the defendant acted with knowledge that his/her actions could lead to harm. Is a personal injury case criminal or civil? Answer: Civil dispute. In civil lawsuits, the losing defendant is required to monetarily reimburse the plaintiff for losses caused by the defendant’s behavior. Civil cases will never cause the losing party to be punished by incarceration. How long do I have to file a personal injury lawsuit in Pennsylvania? Answer: For civil statutes, the state of Pennsylvania limitations range from one to 20 years, with a two-year limit for personal injury claims. Each state carries a timeframe to ensure convictions occur with evidence-based facts that are timely. This prevents fraudulent and stale claims being made after evidence has been lost or forgotten. MARRIAGE, CIVIL UNIONS AND DOMESTIC PARTNERSHIPS Family law in Pennsylvania includes marriage, divorce, child custody, adoption, and other matters related to the family structure. 60 724.942.0940 TO ADVERTISE | Fox Chapel Area What is needed