Accidents almost always surprise victims. A slip-and-fall or car accident can happen anytime, usually when you least expect it. If you recently suffered an injury in an accident, you may feel overwhelmed, hurt, and confused about where to turn. During this challenging time, you should be focused on your recovery and rebuilding your life. Let our Springfield personal injury lawyers help you fight for the justice and compensation you and your family deserve.
Types of Personal Injury Cases
Personal injury law encompasses almost any accident or negligent conduct caused by someone else. However, we routinely see three common categories of personal injury: premise liability, motor vehicle, and product liability accidents. Even these classifications are broad and include a variety of specific situations. Below, we break down these three types of personal injury claims and provide specific examples of each.
If you or a loved one is injured in any of these accidents—or another altogether, contact a personal injury lawyer in Springfield immediately.
Premise Liability
Premise liability claims hold a property owner responsible for injuries arising out of an accident on their property. Generally, property owners are required to maintain their property in a reasonably safe condition for visitors. Failure to keep their property free of dangers for visitors may result in legal liability.
The duty or level of responsibility a property owner owes to visitors depends on their legal classification. At Rosen Justice Injury Lawyers, we represent premise liability accident victims in various cases under many different circumstances.
Slips and falls are among the most common types of premise liability claims. They can occur under many everyday circumstances, including:
- Spilled debris in a grocery store aisle,
- Wet floors,
- Uneven sidewalks and pavement,
- Loose floorboards or fringed carpet, and
- Untreated snow and ice.
Some other common premise liability claims include:
- Roof collapse,
- Construction site negligence,
- Escalator and elevator accidents, and
- Dog bites.
Premise liability claims can be complex. For example, sometimes property ownership is not immediately apparent, making it challenging to identify the liable parties. If you experienced an injury on someone else’s property because of their negligence, it is best to speak with a Springfield personal injury attorney to discuss your right to compensation.
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(215) 999-2244Motor Vehicle Accidents
One of the most common personal injury cases is those arising out of motor vehicle accidents. Car, motorcycle, truck, bus, boat, and even car vs. pedestrian accidents can lead to devastating injuries and even death. If another driver negligently caused the accident and your injuries, they may be liable for damages. Negligent conduct leading to motor vehicle crashes can include driving under the influence, failing to obey traffic laws, and distracted driving. Having a sharp attorney on your side is critical to a successful claim.
Product Liability
While not as notorious as car accidents or slip-and-falls, product liability claims are prevalent. These claims involve products that are either defective in design, performance, or manufacturing or fail to warn users of specific risks. For instance, a manufacturing defect in vehicle brakes can lead to a car wreck and severe injury, or if a toy box was manufactured defectively and the hinges did not hold properly, causing a child to be hurt, the manufacturer might be liable. Product liability claims can be challenging and complex because the defendants are often large corporations with deep pockets and legal teams to defend against lawsuits. Our team is ready to fight for you.
Statute of Limitations for Personal Injury Claims
If you sustained an injury in an accident, you likely have claims for damages. However, your legal right to pursue compensation is not indefinite. In Pennsylvania, you typically have two years from the accident date to file a lawsuit. In other words, the clock to initiate a lawsuit starts running the day of your accident. When you are dealing with substantial injuries and negative impacts on your life, two years can quickly tick by. There are also important exceptions to the general rule, which can significantly shorten or lengthen your time to initiate a claim. It is best to speak with a knowledgeable Springfield personal injury lawyer to determine your eligibility for bringing a claim.
Personal Injury Cases: Trial versus Settlement
The vast majority of personal injury cases settle outside of court. Only a tiny percentage proceed to trial. However, that does not mean you should forgo an attorney. Insurance companies will aggressively defend against these claims, and you will need a fierce advocate to get the results you deserve. Insurance adjusters will offer a low yet often enticing settlement to try and get victims to accept. Don’t take the bait. There are many elements to factor into a fair settlement, including:
- Type of claim,
- The severity of the injury,
- Temporary versus permanent injury,
- Number of defendants,
- Who the defendants are (i.e., corporation vs. individual)
- The extent of property damage,
- Applicable state law, and
- Insurance coverage.
Settlements and jury awards can vary dramatically, even in similar cases. For example, one rear-end car accident victim may suffer minor temporary injuries and receive a small settlement. At the same time, another may sustain severe, permanent injuries and receive a seven-figure settlement. An experienced attorney can assess your case and provide you with a better understanding of what you might expect.
Whether you want to negotiate a settlement or try your case before a jury, the personal injury attorneys at Rosen Justice Injury Lawyers can guide you on the best course of action.
Types of Personal Injury Damages
Personal injury damages compensate accident victims for injuries, damages, and an accident’s negative impact on their lives. There are three types of personal injury damages: economic, noneconomic, and punitive.
Both economic and non-economic damages compensate you for an injury you suffered because of someone else’s negligence.
Economic Damages
Economic damages represent compensation for your actual quantifiable losses, including medical bills, lost wages, lost value of household services, and property repair or replacement.
Economic damages are relatively easy to calculate based on past, present, and future costs.
Noneconomic Damages
Noneconomic damages compensate accident victims for intangible, subjective losses. In other words, they pay you for the adverse effects your injuries have had on your life, including pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life.
Noneconomic damages can be difficult to calculate because they are unique to the individual and open to interpretation. Insurance companies will attempt to downplay an accident victim’s noneconomic damages. It is imperative to have a skilled, sharp attorney negotiate and advocate on your behalf.
Punitive Damages
Punitive damages are different. They punish a defendant and deter others from similar wrongful behavior. Courts award punitive damages on a much more limited basis and only when the court finds that the defendant’s actions were outrageous, malicious, or grossly negligent.
Rosen Justice Injury Lawyers
Our Springfield personal injury attorney is here to help you, no matter the type of accident. Whether you were injured in a slip-and-fall, a car crash, or by a defective product, our team has over 75 years of combined experience. Contact us today for a free consultation. Remember, there are never upfront costs.