A personal injury is one that is the direct result of another party’s actions. Those actions are typically negligent in nature. When someone is severely injured, they may be facing significant medical bills, time away from work, and emotional distress. If you find yourself coping with an injury someone else caused, a Philadelphia personal injury lawyer from Shrager & Sachs can fight for you to get the compensation you deserve.
Our attorneys will look into your case and carefully calculate what the accident has cost you. We’ll take into consideration your hospital expenses, lost wages, and more. Personal injury claims can be complex, which is why it’s best to work with a law firm to ensure your case doesn’t get swept under the rug. In order to pursue a successful claim, you’ll benefit from having a general understanding of personal injury litigation.
Personal Injury and Negligence
In a personal injury case, the injured party can bring a civil lawsuit to the party that caused the injuries. Typically, the party that caused the injuries did so because of reckless conduct or negligence.
Negligence can happen at any moment. People can ignore ongoing problems. They may also fail to stay alert or make sure certain things are working properly. In most cases, the injured party is owed a duty of care that wasn’t met.
Medical care providers, for example, such as doctors, surgeons, nurses, and pharmacists, owe their patients care that includes reasonable treatments for their condition, not injuring them through fault, and informing them of risks when it comes to treatments and procedures.
When a duty of care isn’t met, a person can be hurt, which will most likely cost them financial damages. The injured person may have had to stay in the hospital and require treatment when they’re out— which can result in expensive medical bills. The injury may also prevent them from working or returning to their job. Because the other party was responsible for the accident, the injured party can hold them accountable for their actions and seek compensation. That’s where our firm steps in.
Our Areas of Personal Injury Expertise
Shrager & Sachs has experience in many types of personal injury cases in Philadelphia. We’re proud to get desirable results for our clients. Some of our personal injury areas include:
Motor Vehicle Accidents
Negligent drivers can cause car accidents, truck accidents, and motorcycle accidents—which can all severely injure those involved and cause significant property damage. Our Philadelphia personal injury attorneys are trained in analyzing the scene of the crash and finding out what happened that lead to your injuries.
Determining fault isn’t always easy. A truck driver, for example, could be using a vehicle that hadn’t been inspected before going on the road. If the driver experienced issues on the road with brakes or steering and got into an accident, it wouldn’t necessarily be their fault. The trucking company would most likely be held liable in that situation because they knowingly put an unsafe vehicle on the road.
Sometimes, the products that you buy may have issues that cause your injury. Defective products can be auto parts, medicine, medical devices, and more. Any product has the potential to be dangerous if the manufacturer doesn’t test or make them correctly.
Injuries from products can be serious and may possibly be life-changing. While it can be intimidating to bring a product liability claim against a manufacturer, you may need the compensation so you can afford related expenses and care. We can help you stand up to these manufacturing companies, so you get the justice you deserve.
There may be instances where you’re injured on someone else’s property. It could be a business, office, government building, or hospital. No matter the property, the owners are supposed to keep it safe for the people that will be on the property. When they fail to do this, they’re knowingly putting those people at risk.
They can’t continue to put people in danger, and you shouldn’t have to take sole financial responsibility for what happened. We will prove that you weren’t at fault in a premises liability case.
Nursing Home Abuse
Many seniors live in nursing homes to receive medical care and to live in an environment that provides a high quality of life. However, when the nursing home has abusive staff or neglects their residents, then those who live there can suffer from preventable injuries and illnesses.
Our lawyers will help defend those who were wrongfully injured in their nursing home. We’re prepared to stand up to institutions and demand justice for seniors whose rights were violated. While a nursing home abuse case can be complex, our lawyers will advocate for your loved one.
In some situations, negligence can cost people their lives. People can lose their lives to drunk drivers, distracted drivers, and negligent surgeons. The shock and pain of a wrongful death can make a claim seem like way too much to handle. But your claim can do two things:
First, you can get justice for your loved one. We’ll prove that the other party’s negligence was the reason why your loved one passed away. Second, the compensation will help you with the sudden loss of losing someone you were financially dependent on. You can mourn for your loved one without having to worry about finances.
We cover more areas of personal injury law, which you can see here. A Philadelphia personal injury lawyer at Shrager & Sachs is ready to help you with your personal injury claim. When we look into your case, we’ll look at the various accounts of what happened. This can include police reports, your account, and eyewitness accounts. We’ll examine evidence from the scene of the accident, the injuries you sustained, and how they’re affecting your life. From there, we’ll build your personal injury case so you can get justice.
There are many different questions that you may have when you’re filing a personal injury claim. Let’s go over a few of those so you can get answers.
Personal Injury: Frequently Asked Questions
Below you’ll find some of the most common questions we get asked about personal injury claims. If you have questions not discussed below, don’t hesitate to contact us for more information.
- What should I do immediately after a personal injury accident?
What you should do immediately following a personal injury accident will depend on your injuries. It’s crucial to seek medical attention as soon as possible. That may mean calling for ambulatory services or heading to the hospital on your own. If your injuries allow you to stand, walk, and think clearly, you can take a moment to snap pictures of the accident scene and your injuries. You’ll also want to speak with the other party involved and trade contact information.
- When is the right time to contact a personal injury lawyer?
No matter what type of accident you were in, it’s important to remember that if you were not at fault, you have the right to file a claim against the negligent party. You may worry about the hassle of filing a claim, but your Philadelphia personal injury attorney will take care of that for you. As soon as you’ve recovered enough to start thinking about what your next steps are, it’s the right time to give us a call.
- What can I expect from a free consultation?
When you schedule a free consultation with our lawyers, we’ll review your case. We’ll ask you questions about your situation and determine what the best course of action is for you. We can explain your legal rights and options so you can make an informed decision on how to proceed.
- What happens if I’m partially at fault for the accident?
Pennsylvania follows a modified comparative negligence rule. This means that if you’re partially at fault, your compensation will be reduced by an amount that is equal to your percentage of fault. So, if you’re found to be 10 percent at fault, you’ll be able to claim 90 percent of the compensation. Anyone found to be at fault for more than 50 percent of the accident is ineligible for compensation.
- How can an attorney help me deal with the insurance company?
When you’re trying to recover from serious injuries it can be difficult to understand insurance policies and legal jargon. When you work with our lawyers, we’ll handle the paperwork and insurance company conversations for you. You won’t have to speak to anyone without our presence if that’s what you choose. This is often the safest way to ensure the company doesn’t try to make it look like you deserve less compensation.
- What do I do if the insurance company offers me a settlement?
It’s important to remain wary when an insurance company offers you a settlement for your losses in a personal injury accident. You’ll want to make sure the amount is full and fair. In many cases, the insurance company could try to offer you less than you deserve in order to encourage you to settle early. While the matter would be handled, you wouldn’t be able to recover full compensation. Our personal injury lawyers will make sure that doesn’t happen.
- What compensation could I be eligible for?
Depending on the losses you suffered as a result of the accident, you may be eligible for economic and noneconomic damages. The circumstances of your case may also make you eligible for punitive damages. It takes a skilled personal injury lawyer to prove punitive damages apply to your case. The lawyers at Shrager & Sachs will gather evidence and build a strong case for you.
- How long will my personal injury case take to resolve?
The length of a personal injury case in contingent upon the details. Some claims are simpler to resolve than others. In fact, the shortest cases resolve in a matter of weeks. In those instances, your lawyer will work directly with the other party or insurance company to reach a quick resolution. When cases are more complicated, they can take a year or longer to resolve. The majority of claims fall somewhere in the middle.
- Is filing a personal injury lawsuit always necessary?
The vast majority of personal injury claims do not go to trial. This is because it’s more common for the claims to reach settlement prior to the trial date. Cases are more likely to go to trial when facts are disputed or there’s a contested legal issue. Your attorney will work to ensure you claim proceeds as efficiently as possible based on your circumstances.
Getting the Compensation You Deserve
After you’ve been injured in an accident, you may wonder about the options available to you. While you’re dealing with recovering from your injuries, contacting a lawyer to go through the legal process may seem like a lot to add to your responsibilities. However, a Philadelphia personal injury lawyer representing your best interests will mean someone is protecting your rights.
With a Philadelphia personal injury attorney at your side, we’ll look into all the aspects of your injuries and the damages you’ve suffered. You may be wondering what your case is worth. Let’s go over what you may recover in compensation.
The monetary losses of your accident are referred to as economic damages. Your injuries may have required significant treatment. Medical bills can quickly become expensive if you needed to stay in the hospital, undergo surgical procedures, or had appointment with specialists. You could also require weeks or months of continued care to help your injuries heal and to maintain your quality of life. Future appointments for therapy and prescriptions for medication may also be necessary. For example, a brain injury could result in months of recovery and we’ll help you recover compensation so you can afford that care.
While you’re dealing with this, you may also be required to rest and stay home from work. If you’re unable to work, you’re likely going to worry about the lost days of pay. Keeping up with your financial responsibilities and perhaps providing for others may mean you depend on a regular paycheck. On top of this, you need to afford medical care. You shouldn’t have to worry about missing work and getting the care you need.
When a Philadelphia personal injury lawyer is fighting for you, we’ll look at the financial costs of your care and the amount of work you missed because you were recovering. We’ll seek compensation for these losses so you can have peace of mind.
Additional economic damages can also include property damage. For example, if you were in a car accident, the damages your car sustained could be included in your economic damages.
The extent of your economic damages may be more extensive than those above. If your injuries will prevent you from returning to your previous position or to the workforce at all, our lawyers can help. A construction worker may suffer an injury that prevents them from being able to go back to their job, but they may be able to work in a different position. In this case, we’ll seek for you to recover diminished earning capacity for the construction accident.
If you’re unable to work at all, this is the result of a catastrophic injury. These injuries have permanent consequences that prevent you from being able to be gainfully employed. Realizing you cannot return to work can be devastating and wondering how you’re going to maintain a living can be nerve-wracking. Our personal injury attorney will fight for your compensation to cover your loss of earnings—or what you would have earned had you been able to return to your job.
The other part of your losses can be just as extensive—the noneconomic losses. Pain and suffering, mental anguish, and loss of enjoyment of life are all possible outcomes of sustaining injuries in an accident that wasn’t your fault. While the accident may have only taken seconds, you could have to deal with the repercussions for the rest of your life. When we’re investigating your case, we’ll take careful note of how your injuries are affecting your everyday life.
It’s important to remember that while the personal injury process can take time, you’ll have a better chance of recovering the compensation you need to move forward. You may be tempted to settle early—let’s take a look at the possible implications of this decision.
Avoid Putting Your Claim in Jeopardy
While you may know that an insurance company may try to reduce the amount of compensation you’re owed, it’s important to know why and how. Insurance companies are acting to benefit their interests first, which is why they may take measures to minimize your injuries and reduce your compensation.
An insurance adjuster will contact you and begin to gather the facts of your case. While there is information the insurance company will need to do their job, it’s important to not give more information than necessary or make any statements that could harm your chances of receiving maximum compensation.
Keep in mind that you could be contacting soon after your accident—which could be before you know all the facts of your case. This could include who was responsible, the injuries you have, and how long it will take to recover. If you give insurance adjuster information about your injuries without knowing all of them or how serious they are, the insurance adjuster may make a note of what you say. Later, when you have more information and are claiming compensation for multiple injuries, they could question why you didn’t bring it up during your conversation and claim your injuries aren’t as serious as you say.
You want to avoid any situation that could leave you with less compensation than you deserve. An unfavorable amount could make it difficult to cover the costs of your losses. Protecting your claim and your rights to full compensation is important for your recovery. A Philadelphia personal injury attorney from Shrager & Sachs will help you when dealing with insurance companies. We can facilitate communication so the correct information is passed along, and you don’t need to worry about harming your claim.
When you’re going through the legal process, you may find that a lot of personal information is necessary for your case. You’re going to need evidence of your injuries—medical records can show this. However, you could be concerned about people having access to your medical information. If you’re wondering about privacy in a personal injury claim, our lawyers can answer your questions.
If you’re moving forward with the legal process, you could have questions about what it entails. We’ll make sure you’re up to date with the status of your case so you never feel out of the loop. At Shrager & Sachs, we prioritize prompt and clear communication with our clients. Let’s examine the process of personal injury claims and what you can expect.
What Is the Personal Injury Claim Process?
The journey of filing a personal injury claim to settling can be long and has a lot of steps. We’re going to break down the process, so you have a clearer idea of what to expect.
- The Injury Occurs. When a person is injured because of someone else’s negligence and has incurred financial losses, they may choose to seek financial compensation.
- You Hire a Personal Injury Attorney. The next step is to get in touch with an attorney to ensure your rights are protected and you get the compensation you deserve. During this process, the attorney will discuss your legal options with you and determine if you have grounds for a valid claim. When there are grounds for a claim, the attorney and client will proceed if the client hires them.
- File the Claim. After the claim is filed and the defendant is made legally aware of it, they will likely hire an attorney as well.
- Litigation. This occurs before trial to see if a settlement can be reached. Both sides will present evidence to argue their side and choose to settle the matter outside of the courthouse or set a date if they proceed to trial. Giving evidence and going over both sides of the case can take months and sometimes years.
- Settlement. It’s common for most cases to settle before going to trial. Your Philadelphia personal injury lawyer will help you make decisions to continue going to trial or to agree to a settlement amount.
When you’re in the settlement phase, you may find the other side isn’t offering a fair deal. This may mean you won’t’ be able to reach an agreement. You have the option of taking your case to court. While this is a serious decision, our lawyers will be at your side every step of the way and will help go over the advantages and disadvantages of going to court.
Taking your case to court means a judge or jury will make the ruling. In this scenario, you have a chance to get full compensation if they rule in your favor. However, if the ruling is in favor of the defendant, this could mean you don’t receive any compensation.
Other important factors to consider are privacy and court costs. When you’re settling, details are typically kept between the parties involved. When you go to court, the information is public. Even if you didn’t act negligently, you may prefer to keep your legal matters private. The costs of going to court are also higher. It’s important to know your lawyer’s fees upfront so you know what’s expected of their pay.
Now that you have a general idea of the claims process, there are a few other details you should know about, like when you can file.
Statute of Limitations
Most personal injury claims have to be brought forward within a given time frame, or statute of limitations. These vary from state to state. At Shrager & Sachs, we stay up to date on law changes and know the time limits given to file a claim.
It’s imperative to discuss your case with us as soon as possible. The details will be fresh in your mind, so you can give us the most accurate report of what happened. Also, this gives us plenty of time to learn all we can about your case. Then, we can file your claim and start working on getting you the compensation you need.
Waiting to file your claim has certain risks. Certain evidence that could have been used may not be available anymore, such as an accident scene. There’s also the issue of trying to recount something that happened a year ago. It’s difficult to do this with precision.
You may also find that you’ve waited too long to come forward with your claim. In this case, your claim may be thrown out and you won’t be able to fight for compensation. If you have severe injuries, you may need that to handle financial situations. It’s much less stressful for you to start your claim process as quickly as you can.
Successful Settlements with a Personal Injury Lawyer at Your Side
You deserve a law firm that will fight for your rights no matter what. Shrager & Sachs has helped citizens of Philadelphia for years, and we will continue to do so. An experienced Philadelphia personal injury lawyer from our firm will carefully investigate your case, gather the evidence needed to support your claim, and fight to get you favorable compensation that will help you recover from your injuries.
We understand how moving forward with a legal claim can be intimidating, which is a lot to deal with during this already uncertain time when you need space to heal. We’ll help alleviate that burden by being at your side throughout the process.
If you’ve been injured due to another person’s negligence, you can seek justice. Get in touch with us today and schedule a free consultation.