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Personal Injury FAQ

www.gildakramer.comIn Pennsylvania, the general rule is that adults have two years from the date of injury to file a personal injury lawsuit. The law provides different deadlines and choices about when to bring an action for a minor. There are exceptions to the general rules, so it is best to consult an experienced personal injury attorney as soon as possible after an accident.Negligence is a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also be omissions, or failure to act, under some circumstances. Damages in personal injury claims include both economic losses and non-economic losses. Costs of medical treatment and loss of earnings are the most common economic losses. Non-economic losses include pain and suffering, embarrassment and humiliation, loss of ability to enjoy the pleasures of life, and disfigurement. In addition, a spouse has a claim for loss of consortium, or loss of the society, companionship and services of an injured spouse.Under the Pennsylvania Comparative Negligence Act, you can recover where you are partly at fault, as long as your degree of fault is not greater than that of the defendant. However, if you are partly at fault, your recovery will be reduced by your share of the negligence.In Pennsylvania, generally a person injured at work is entitled to benefits under the Workers Compensation Act, regardless of who caused the injury, but usually cannot otherwise sue the employer. There may also be a claim against a third party who is responsible for causing the injury. For this reason, it is important to consult with an attorney promptly after an accident at work.Special six-month notice procedures apply to claims for accidents against Pennsylvania municipalities or the Commonwealth. Contacting an attorney promptly after an accident will ensure that the correct defendants are identified and timely notice is given to the right governmental entity. There is no simple answer to this question. Determining the value of a claim requires careful investigation of the facts and analysis of the damages. You should consult an attorney as soon as possible after an accident. Your attorney can gather evidence and information to be able to evaluate your case. How long a personal injury case will take depends on many factors, including the court in which you file your case, how large and complicated your case is, the number of defendants involved, and how effective your attorney is about bringing your case to a resolution.A contingency fee means that you pay your attorney when you have a recovery.

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