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, the Philadelphia personal injury lawyers 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 claim 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.
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 injury lawyers 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.
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. Our personal injury lawyers are ready to help you with your personal injury claim. 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.
- 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.
- 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.
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.
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 our lawyers 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. 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. Economic compensation includes outstanding medical bills and out-of-pocket costs, lost wages, future cost of care, and loss of earning capacity. Noneconomic damages include pain and suffering and punitive damages.
- 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.
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 have helped citizens of Philadelphia for years, and we will continue to do so. Our Philadelphia lawyers know how to carefully investigate a case, gather the evidence needed to support your claim, and get you a favorable settlement that will help you recover from your injuries.
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.