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When to Hire a Personal Injury Lawyer

When to Hire a Personal Injury Lawyer

When you are wounded in an accident or as a result of someone else’s carelessness or crime, you should retain the services of a personal injury lawyer. A personal injury attorney assists you in obtaining compensation for your injuries.

Workers Compensation attorney Philadelphia defends your rights against aggressive insurance companies and major organizations who want to avoid compensating you fairly for your injuries and damages.

If you are unclear whether you require the services of a personal injury attorney, this article provides information to assist you in making that determination. If you wonder whether you should hire a personal injury, you can contact Philadelphia Injury Lawyers, P.C. for a free consultation.

Six Circumstances Indicate The Demand For A Personal Injury Attorney

Is there is a dispute over responsibility for the accident?

Accident victims must establish that their injuries were caused by the other party’s negligence, mistakes, or misconduct. For instance, if you cannot verify that the other motorist was at fault for your automobile or pedestrian accident, you will be unable to receive compensation for your injuries. If the other party contests blame, you should immediately contact a personal injury attorney.

Are you accused of participating in the cause of your injury?

While the other party’s insurance company may accept blame, it may assert that you contributed to the accident’s cause. For example, the insurance company may claim that you were speeding at the time of the motorbike accident. As a result, you share some of the blame for the collision, even though the other vehicle failed to give the right of way.

Are there many parties involved?

When many parties are involved in a personal injury lawsuit, employing a personal injury lawyer may benefit. Cases involving many parties include medical malpractice lawsuits, construction accidents, multi-vehicle accidents, and product liability claims.

Attorneys possess the required skills to address the extra challenges that arise in instances involving many defendants. While the parties debate who is accountable for your injuries, your lawyer builds a case on your behalf.

Have you suffered a traumatic injury or suffered a permanent disability?

Personal injury cases involving catastrophic injuries and persistent disability provide several unique challenges not encountered in other types of claims. For instance, if you become disabled due to a faulty product, you may require continuing medical treatment. You may be permanently unable to work.

Is the insurance company behavioral?

The other party’s insurance company has no interest in paying you for your injuries and losses. The corporation will do everything necessary to avoid paying you for your claim. As a result, some insurance firms deal with individuals in bad faith.

Is the claim associated with a government entity?

Suing the government for a personal injury claim is far more complicated than suing an individual for an injury. In many instances, governments are immune from responsibility. There are, however, exceptions.

Final Verdict:

The insurance company for the at-fault party employs a sizable team of specialists to defend it from liabilities. None of these individuals or organizations are on your side. The insurance company’s claims adjusters, investigators, and attorneys are all working against your best interests.

The Ultimate Guide to Statutes of Limitations

The Ultimate Guide to Statutes of Limitations

Overview of the Statute of Limitations:

Any lawsuit resulting from an accident must be lodged within a specific time limit under a legal rule referred to as the “statute of limitations,” or the aggrieved person’s legal claim will be invalid, and their right to sue would be permanently gone. Every state has established its statute of limitations, which requires any personal injury action to be filed in court within a certain amount of time following the event or injury. Each state has its restriction, which varies from one year to six years.

Different Time Limits for Various Types of Claims:

The kind of personal injury lawsuit may also influence the time limit in certain jurisdictions. Several defamation cases and claims involving children (those under the age of 18), for example, may have more significant time restrictions. In contrast, medical negligence statutes of limitations may have lower time limits.

In many cases, the statute of limitations in a suit for minor injuries does not begin to run until the minor reaches 18. Assume a person gets wounded in a vehicle accident on his 17th birthday.  He will have three years to file a personal injury case in a jurisdiction where the statute of limitations for personal injury lawsuits is two years.

The Rule of “Discovery of Harm”:

Whereas a statute of limitations may state that a personal injury claim must be filed under a certain period after an illness or incident, that time does not usually begin to run until the person filing the suit knew that they had suffered harm and the nature of that harm.

 Statute of Limitations in Pennsylvania:

Each state has its own statute of limitations, which dictates that any personal injury claim must be submitted in court within a particular time frame after the occurrence or injury.

Limitation of Liability:

The statute of limitations in Pennsylvania restricts the timeframe an affected patient has to bring a medical malpractice claim in court. In Pennsylvania, the time limit for filing such a claim is two years after the plaintiff learns or substantially should recognize all of the following:

  • The occurrence of an injury;
  • The behavior that resulted in the injury; and
  • The connection between the injury and the action that resulted in it.

Regardless of those three criteria, a personal injury claim must be filed within seven years of the date of the damage unless the harm was caused by an item left within the body. If wrongful death was caused by medical malpractice, a case must be filed within two years after the date of death. A person who is harmed by medical negligence as a youngster has seven years after the date of his 20th birthday to file a lawsuit, regardless of when the damage happened.

Damage Limits:

Like many other states, Pennsylvania limits damages in medical negligence lawsuits, but the limitation is exact. Pennsylvania does not place any restrictions on either economic or non-economic damages, which are the two primary types of compensation that a wounded patient may obtain.

The only limitations on judgments in medical malpractice lawsuits in Pennsylvania relate to “compensatory damages,” which are given as punishment for exceptionally egregious or hazardous conduct. Punitive damages in malpractice lawsuits in Pennsylvania are limited to twice the number of actual damages in the case.

It’s essential to remember that punitive damages are uncommon in personal injury cases, so any claim you file will undoubtedly be uncapped in Pennsylvania.


Pennsylvania even has a “periodic payments rule,” which requires compensation to be paid in stages if the case’s potential damages exceed $100,000. “Future damages” are compensation for medical expenses, lost earnings, and other damages that the injured individual is likely to suffer in the future due to incapacity or continuing medical care for the harm caused by the medical neglect. Until the injured plaintiff disagrees, periodic payments are made automatically in instances involving more than $100,000 in future damages.

Requirements for Expert Testimony:

Pennsylvania also has several criteria for expert medical witness evidence, both when a personal injury claim is filed and when it goes to trial.

According to the declaration of merit requirement, a plaintiff’s counsel must submit a written statement or “certificate of merit” within 60 days after initiating a medical malpractice case. The lawyer and state must sign the official document that an expert provided a written statement asserting one of the following:

  • There is a significant possibility the defendant compromised the standard of care.
  • The plaintiff was accountable for the person who violated the standard of care.
  • Expert testimony is not required to pursue the claim.

When a defendant files a counterclaim, they must also submit an affidavit of merit.

In addition, expert medical witness evidence is required at trial by the lawyers to demonstrate the proper medical level of care and that the defendant violated it unless negligence is apparent to a layperson.

An expert who testifies at trial must be:

  • A physician who is actively practicing or teaching and has expertise in the area at hand,
  • Of the same or a comparable specialty as the defendant,
  • Committee certified if certification is obtainable and the defendant is board certified.

However, suppose it can be shown that a specific expert has adequate training, experience, or expertise acquired from actively practicing medicine or teaching within five years of the date of the damage. In that case, the court may waive these criteria.

Purpose of Statuary Limits:

Statutory limits serve to protect defendants. Their enactment is motivated by three factors:

  • A plaintiff who has a legitimate right of action should prosecute it with reasonable zeal.
  • A defendant may have lost evidence that may have been utilized to oppose a stale claim by the time it is pursued.
  • Bringing a long-dormant claim to trial may result in far more suffering than justice.

You may be eligible to collect damages if you were injured due to another person’s deliberate or negligent acts and you did not exceed the time limit. In certain instances, the statute of limitations is ambiguous. To understand more about the time limitations for filing a lawsuit, consult with an experienced personal injury attorney.

You can learn more about statutes of limitations by getting in touch with us.  You can contact one of our attorneys from our law firm at https://philly-injury-law.com/ for a free consultation.

Common Misconceptions About Filing A Lawsuit in Philadelphia

Numerous television shows and movies have promoted various misconceptions about filing lawsuits. Because of these misconceptions, the majority of people avoid seeking compensation after sustaining a personal injury. It is advisable to know the facts about lawsuits and make the decision based on those facts. In this post, we have compiled a few common myths about filing a personal injury lawsuit in Philadelphia.

Personal Injury Lawsuits Take Years To Settle- When you suffer from personal injuries, you must file a lawsuit. But the fact is that majority of the cases can be settled within few months of the accidents.

Insurance Compay Will Cover All Your Costs If You Are Injured- Car accident injuries are quite common. And car accident victims pay about 25% of their accident costs from their own pockets. So, it is advisable to file a lawsuit to get the appropriate compensation for your pain and suffering.

The Person Responsible For Your Personal Injuries will Pay From Their Pockets- Some accident victims avoid filing personal injury claims against the other driver even if they are responsible for the crash. They believe the other driver will be paying fully from pocket for their loss. But it’s not true. The truth is that the victim will not pay from his/her for your pain and suffering. Instead, the victim’s insurance will be paying your compensation.

You’ll Need To Go For Long Hearings- In case your personal injury claims go to trial, you may need to attend hearings. But most of the personal injury claims reach an appropriate settlement before they need to go to trial. So, don’t avoid filing a lawsuit because of the fear of being unable to attend a hearing.

It’s Not Worth Speaking to A Lawyer If You Have Minor Injuries- The fact is you don’t need to suffer from severe injuries to file a personal injury claim. An experienced personal injury lawyer will help even if you have suffered minor injuries. If you were the victim of someone else’s negligence, it’s not right to pay for medical expenses to treat your injuries. So, don’t avoid filing personal injury claims regardless of how minor the injury is.

Personal injuries affect a person’s health and eventually quality of life. Sustained a personal injury in Philadelphia due to someone else’s wrongful act? Speak to a leading Philadelphia Personal Injury Attorney to receive the right compensation for your pain and suffering.

What Questions Should You Ask A Personal Injury Lawyer?

If you’ve been seriously injured due to the negligent actions of another person, one of the hardest decisions you’ll make is to choose a personal injury lawyer for your legal case. A professional personal injury lawyer can help you get the compensation you deserve for your loss.

Here are a few important questions you can ask a personal injury lawyer:

How long have you been serving in the industry?

When it comes to hiring a personal injury lawyer, it’s a good question to ask. Before hiring a personal injury lawyer, make sure that he or she is dedicated and knowledgeable.

In what areas of law do you specialize?

It is advisable to hire a lawyer who is specialized in personal injury law. The lawyers who are experienced in personal injury law understand the basic tactics used by insurance companies. They also know how to handle complex lawsuit procedures.

Will my case go to trial?

Your lawyer should have the experience to take your case to trial and win. He or she knows how long it will take before your legal case is tried in court.

How does pricing work?

Don’t forget to ask about pricing. In case you forget to ask, the attorney should discuss the pricing with you. You should know what you’ll be paying for before hiring a personal injury lawyer.

Can I get references from past clients?

It’s a good question to ask. If your lawyer is not ready to share references from past clients, you know something is wrong. It is advisable to hire a lawyer who is happy to connect you with a few of their current and past clients.

How long will it take to resolve my case?

No lawyer can tell you an exact timeline when it comes to the resolution of your legal case. With past case experience and knowledge, experienced lawyers may provide you an estimated time frame. The timeline provided by your lawyer may change depending on the procedure.

What do you need from me before my case?

This case is yours. So, it is advisable to play a role in building a successful case. You’ll need to have regular communication with your lawyer about the case.

Sustained a serious personal injury in Philadelphia due to someone’s negligence? Speak to an experienced Philadelphia Personal Injury Lawyer to get the right compensation for your medical expenses, lost wages, and other damages.

How To Search A Personal Injury Lawyer In Philadelphia?

Personal Injury Lawyer

Have you been seriously injured and want to seek professional advice regarding filing a lawsuit? A personal injury case may require the expertise of a lawyer. If your goal is to search a credible practicing lawyer in Philadelphia with specialization in a personal injury case, I recommend you implement the following steps.

Step #1 – Identify clearly your specific needs

Not all lawsuits are identical. For you to succeed in finding a knowledgeable Philadelphia attorney with relevant experience in a personal injury case, I suggest you identify clearly your specific needs. Keep in mind, attorneys offer different kinds of services. There are those legal representatives that cater only to cases involved in vehicular accidents while others cater to any case resulting in harm or injury.

Step #2 – Ask referrals from your network

Your network may consist mostly of people you know personally or have done business in the past. Asking referrals from these trusted individuals could be your ticket to finding a suitable lawyer in Philadelphia for your personal injury case. So, while brainstorming where to locate a reputable lawyer why not consult the people belonging to your network and ask for recommendations. I’m sure you will find someone who already used the services of an attorney in the area of your preference.

Step #3 – List your preferred traits that a lawyer must possess

Before you even contact the list provided by your friends, family members, relatives, or colleagues at work, take time listing of traits that your prospective personal injury lawyer in Philadelphia must possess. Here is a sample list of what you need to look for a candidate:

  • Level of experience in handling injury cases
  • Proof of license to practice this type of legal service
  • Number of won cases
  • Compassionate
  • Accommodating

Your chosen lawyer will be working with you closely, so it’s a must that you are confident that this legal representative can deliver the desired outcome.

Step #4 – Ask the right questions 

For you to gauge the level of expertise and experience of your prospective attorney for your personal injury case in Philadelphia, be prepared to ask the right questions.

Among the frequently asked questions that will lead you to the right candidate are:

  • What is the expected timeline for my personal injury case?
  • Will you personally handle my case?
  • How many cases similar to my case have you handled and won?
  • Where you suspended from assuming your role as a legal representative?
  • Are you allowed to practice in Philadelphia?
  • What your areas of specialization?

Step #5 – Maximize the free consultation

Most reputable legal firms offer a free consultation to anyone wanting to seek legal advice. If given the opportunity to have a free consultation with any of the law firm’s legal representatives, make the most of this initial meeting to ask questions, learn more about your case as well as if you really have a case to file. Lawyers will do their best efforts to give potential clients advice based on legalities.

Step #6 – Hire a local lawyer

Yes, definitely a priority when locating a credible lawyer to handle your personal injury case, consider hiring a local legal representative. Why? These lawyers are aware of the current laws applied in that area, the best practices implemented in that particular court including the requirements needed when filing a lawsuit.

Why Choose Out Of Court Settlement Over Trial For Your Injury?

Are you curious as to how many personal injury cases were settled outside the courtroom? Many personal injury cases according to the Philadelphia personal injury lawyer haven’t reached the litigation process and opted for out of court settlement due to the following reasons.


  • The trial can be time-consuming


This is one of the reasons why people with personal injury cases opted for an out of court settlement because of the possibility that the trial can take years before a significant decision is made. Keep in mind, if you are a busy individual who has to work or attend family duties, attending a trial may consume most of your time or worst leave you juggling your day-to-day chores just to cope with the demands of this filed case.


  • The trial can be expensive


This is one of the issues to worry about when filing a personal injury case the expenses may pile up and leave you in deep financial burden. Even if most Philadelphia injury lawyers work on contingency agreement where no fees will be collected while the trial is still undergoing, you still need to take into consideration the money you will spend on transport and food when attending the trial, plus the fact that court trials can be very expensive. An expert personal injury lawyer Philly will suggest an out of court settlement with a client if the other party shows a willingness for a settlement.


  • The trial can be stressful


Trials can be very stressful because even after you just fully recovered from an injury the demands at the litigation proceedings can drain you physically and emotionally. Imagine if you have to narrate every session the horrific incident that led to your hospitalization and a great amount of pain, undergoing a trial is like a flashback of a bad incident. Besides, being a plaintiff doesn’t save you from a cross-examination during the court trial and expect the whole process to be truly overwhelming. An out of court settlement according to a Philadelphia personal injury lawyer will not only relieve your stress but lessen the worries on your end when you are subjected to extensive questioning in front of a jury.


  • The trial decision can be unpredictable


It’s common in every trial that the final decision can be very unpredictable, especially on personal injury cases. Even if the plaintiff gets a favorable decision at the end of a court trial, the total amount decided as compensation for your personal injury claim is beyond your control. There is no guarantee that the desired amount you want to get will be awarded. The last and final decision is still dependent on the evidence provided by both parties and the jury’s discretion. An out of court settlement may bring favorable results on your end because you and your appointed Philadelphia personal injury lawyer have control during the negotiation process.


  • The trial is done in public


Among the reasons why people with personal injury claims choose to settle outside a courtroom is for their privacy. Trials are done publicly, so expect everyone present in the court venue to be all eyes on you during your testimony. Settling your personal injury outside the court will be a good idea since you and your hired personal injury will discuss matters with the other party in a private place and whatever agreed is done with discreet.

I hope this topic gave you valuable insight into your options when pursuing a personal injury claim. If you are still having doubts about your decision, consult one of the best Philadelphia injury lawyers and learn more about the out of court settlement.

4 Crucial Steps Need To Follow After A Personal Injury

Personal Injury

Are you still overwhelmed after a recent accident? It’s normal to feel confused at this very moment, especially if your personal injury will result in loss of income. What to do or where to turn for help could be among your greatest concerns. Here are the 4 crucial steps needed after encountering a personal injury due to someone’s fault or negligence.

Step #1 – Get immediate medical attention

If you suffered a serious injury after an accident, the first thing you should do is get immediate medical attention. It’s vital that a medical professional assesses the extent of harm or physical injury inflicted on you because there are some symptoms that won’t easily manifest right after the accident. For example, if you just had a minor collision while driving due to the other driver’s wrongdoing the bruising will only appear after a few days.

Step #2 – Consult a personal injury lawyer

Once you have received the appropriate medical treatment and discharged, the next step you need to do is consult an experienced personal injury lawyer. Narrate everything that happened including the full details of your injury. If your accident occurred in Philadelphia, it would best to contact a local legal representative because this expert is knowledgeable about the existing state law that could affect your injury claim. Besides, the attorney can give you solid advice on whether you have a valid personal injury claim or none.

Step #3 – Take part of the investigation

After your private meeting with a lawyer, the investigation will take place. Your cooperation is highly needed to fast track this process. In most cases, the assigned attorney handling your case will have a team that will evaluate the incident including your injuries to verify who is really at fault and how serious is your personal injury. The team that will investigate may compose reconstruction specialists, medical professionals, and other experts with a background in injury claims. At this phase, you need to work closely with your Philadelphia personal injury lawyer, comply with his or her instructions, and take part in the investigation as the need arises.

Step #4 – Know what kind of compensation you are entitled

Knowing what kind of compensation you are entitled will vary and be mostly dependent on the extent of your injuries. Your hired attorney will be able to give you an estimated amount of money you will receive based on the following:

  • Number of doctor visits you are required to achieve a full recovery
  • Prescriptions including therapies
  • Medical lab tests performed
  • Aftercare treatment
  • Loss of earnings
  • Other damages (extent of pain or discomfort, Punitive damages)

I do hope this topic will provide enough information and help you find a credible personal injury lawyer in your local jurisdiction. If you are having apprehensions about your recent accident, don’t hesitate to contact a personal injury lawyer and get a free consultation.