Filing a personal injury lawsuit in Philadelphia can be a complex process, but here are the general steps to take:
- Gather evidence: Collect evidence that supports your claim, including medical records, police reports, witness statements, and any other relevant documentation. This will be used to prove the cause of the accident, the extent of your injuries, and the extent of your damages.
- Consult with an attorney: An attorney can help you understand your rights and options, as well as gather evidence and build a strong case for compensation. They can also advise you on the best course of action for your specific case.
- File a complaint: After consulting with an attorney, you will need to file a complaint with the Philadelphia Court of Common Pleas. This is a legal document that outlines the details of your case, including the parties involved, the cause of the accident, and the damages you are seeking.
- Serve the defendant: Once the complaint is filed, the defendant must be served with the complaint and a summons. This is done by a process server, who will deliver the documents to the defendant.
- Discovery: After the defendant is served, both sides will engage in a process called discovery, where they will exchange information and gather evidence to support their case. This can include depositions, written questions, and requests for documents.
- Mediation: If a settlement cannot be reached through discovery, the case may go to mediation, where both sides will meet with a neutral third party to try to reach a settlement.
- Trial: If a settlement cannot be reached, the case will go to trial. This involves presenting evidence and testimony to a judge or jury, who will decide the outcome of the case.
It is important to note that personal injury cases can be time-sensitive. In Philadelphia, the statute of limitations for filing a personal injury lawsuit is two years from the date of the injury. It is therefore important to act quickly and consult with an attorney as soon as possible after the accident to ensure that you have enough time to file a lawsuit if necessary.
Keep in mind that hiring a personal injury attorney doesn’t guarantee a win, but it increases the chances of getting a fair settlement or winning a trial. An attorney will be able to navigate the legal system, handle the paperwork and negotiations and make sure that you don’t miss any deadlines or make any mistakes that could harm your case.
Personal injury cases in Philadelphia can vary greatly in terms of cause and severity, but some of the most common types include car accidents, slip and fall accidents, medical malpractice, and workplace accidents.
- Car accidents are a common cause of personal injury in Philadelphia and can range from minor fender benders to serious collisions that result in severe injuries or even death. These types of accidents are often caused by driver negligence, such as distracted driving, drunk driving, or failure to obey traffic laws. If you are involved in a car accident and believe it was caused by someone else’s negligence, you may be entitled to compensation for your injuries and other damages.
- Slip and fall accidents are another common cause of personal injury in Philadelphia. These types of accidents can occur on public or private property and are often caused by hazards such as wet floors, uneven pavement, or cluttered walkways. If you slip and fall on someone else’s property and believe it was due to the property owner’s negligence, you may be entitled to compensation for your injuries.
- Medical malpractice is another common type of personal injury case in Philadelphia. This occurs when a healthcare professional, such as a doctor or nurse, fails to provide a reasonable standard of care and causes harm to a patient. Common examples of medical malpractice include surgical errors, misdiagnosis, and medication errors. If you believe you have been a victim of medical malpractice, it is important to speak with a personal injury attorney as soon as possible.
- Workplace accidents are also a common cause of personal injury in Philadelphia. These types of accidents can occur in a variety of settings and can be caused by a variety of factors, such as lack of proper training, inadequate safety equipment, or failure to follow safety protocols. If you are injured on the job, you may be entitled to workers’ compensation benefits, as well as possible additional compensation through a personal injury lawsuit.
In all of the above cases, it is important to consult with a personal injury attorney as soon as possible after the incident. An attorney can help you to understand your rights and options, as well as gather evidence and build a strong case for compensation. Personal injury cases can be complex, and it is important to have an experienced attorney on your side to ensure that you receive the compensation you deserve.
In addition to the above-mentioned cases, there are also other types of personal injury cases that can occur in Philadelphia such as product liability cases and wrongful death cases.
- Product liability cases occur when a consumer is injured by a defective product. This can happen in a variety of ways, such as a malfunctioning appliance, a toy with small parts that pose a choking hazard, or a car with a defective airbag.
- Wrongful death cases occur when someone dies as a result of someone else’s negligence or misconduct. These cases can be complex and emotional, and it is important to consult with an attorney who has experience handling wrongful death cases.
In conclusion, personal injury cases in Pennsylvania can be caused by a variety of factors and can range from minor injuries to serious and life-threatening injuries. If you have been injured in an accident, it is important to consult with an experienced Philadelphia personal injury attorney as soon as possible to understand your rights and options for compensation.
What To Do After A Philadelphia Car or Auto Accident?
If you are involved in a car accident in Philadelphia, there are several important steps you should take to protect yourself and your rights. These include:
- Call 911: If you or anyone involved in the accident is injured or if there is significant damage to the vehicles, call 911 immediately to report the accident and request emergency medical assistance.
- Exchange information: Get the contact and insurance information from the other driver(s) involved in the accident, including their name, address, phone number, and insurance company name and policy number.
- Take pictures: Use your phone or camera to take pictures of the accident scene, including the damage to the vehicles, any injuries, and any other relevant details.
- Get witness information: If there were any witnesses to the accident, get their contact information, including their name, phone number, and any statements they may have about the accident.
- Contact your insurance company: Call your insurance company as soon as possible to report the accident and provide them with the information you have gathered.
- Seek medical attention: Even if you don’t feel injured, it’s important to get a medical evaluation as soon as possible after the accident. Some injuries, such as whiplash, may not show symptoms until hours or even days after the accident.
- Consult with an attorney: An attorney can help you understand your rights and options, as well as gather evidence and build a strong case for compensation.
It is also important to keep in mind that Philadelphia is a no-fault state which means that your insurance company will cover your medical expenses and lost wages regardless of who caused the accident. However, if the accident resulted in serious injury or death, you may be able to file a lawsuit against the other driver. An attorney can help you understand the specifics of your case and navigate the legal process.
Contact An Experienced Philadelphia Personal Injury Lawyer
For help with any personal injury, including vaccine, unsafe drugs or medical device injury, call experienced Philadelphia injury lawyers Green & Schafle at 215-462-3330 for your free consultation, and get started today getting back that which was taken from you.