When someone’s negligence causes an accident resulting in injuries and economic damages, you may have the right to file an accident claim or a lawsuit. This is the essence of personal injury law in Pennsylvania. However, as a Philadelphia personal injury lawyer knows, actually filing a claim and winning damages is not as simple and straightforward as it may appear initially.
The issue is that you have to prove your case and an insurance adjuster working for the insurance company will try hard to disprove everything you claim. But let us discuss the complexity of the legal provisions in detail.
The Comparative Negligence Principle Rules over Personal Injury Cases
Our state uses a comparative negligence principle to determine who has the legal right to seek damages after an accident caused by negligence. The concept is based on the fact that, usually, both parties involved in an accident share fault in different proportions.
Only the party who was less than 51% at fault for the accident is eligible to file a claim for damages. And this is the crux of the difficulty in winning damages from an insurance company. If the insurance adjuster determines that you were 51% at fault, they can deny your claim.
The Four Elements of Personal Injury Law
When you file a personal injury claim, you have the burden of proof. Unlike criminal cases, where the evidentiary standard is beyond any reasonable doubt, in personal injury law you have to present a preponderance of the evidence.
This means that the evidence you present is more credible and more relevant than the evidence presented by the other party. Here are the four elements you must prove in order to win your claim:
1. Duty of Care
In personal injury law, duty of care represents a standard of reasonable care to avoid negligent acts that could harm others. This is the first element you have to prove: that the other party was bound by law to have a duty of care towards you.
A skilled attorney will identify the relevant law, such as the property owner’s obligation to keep their premises safe for visitors or the traffic laws in case of car accidents.
2. Breach of Duty
In order to prove a defendant’s fault, you have to indicate that they breached their duty of care, thus causing your accident. The breach of duty may be in the nature of:
- Texting and driving
- Driving under the influence
- Failing to repair a loose floorboard in an entrance hall
- Failing to keep a vicious dog on leash or well contained inside the owner’s property.
You should hire an experienced Philadelphia personal injury lawyer to present convincing evidence of the other party’s negligence. Attorneys know how to obtain various types of evidence and get clear and relevant testimonies from eyewitnesses.
3. Causation
Next, personal injury law in Pennsylvania states that an injured person must prove that the accident caused their injuries. You must have a clear and direct link between the accident and the injuries you suffered.
This link is the medical report issued by the first doctor who treated you. And for this reason, seeking medical care immediately after any personal injury incident is essential. If you wait until you are in pain – and it could take hours or days before some injuries show symptoms – enough time has passed to weaken the link connecting your injuries to the accident.
Any adjuster will jump at the opportunity to cast doubt on the real cause of your injuries. Anything could have happened during the 1-2 days between the accident and your visit to the ER or hospital. Thus, the insurance company will have grounds to deny your claim – and may even win the case in court.
4. Economic Damages
Finally, you must prove that the accident and associated injuries caused economic damages. This is the essence of personal injury law: financial compensation for economic and non-economic damages.
It is not about sending the defendant to jail. It is not about getting a “guilty” verdict. It is about getting an amount of money that covers the expenses and other monetary losses you suffered.
Let a Philadelphia Personal Injury Lawyer Handle Your Claim!
There is a vast difference between theory and practice in personal injury cases. You may believe that your case is airtight, but insurance adjusters will try to poke holes in it at every step.
You need a skilled Philadelphia personal injury lawyer to help you prove all four elements required by law in order to win fair compensation.
Do not let any aspect of your claim to chance! Call us today to schedule a free case review at 267-314-8024!