SPECIAL SECTION:
FAMILY
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?
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