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It is an unfortunate fact that most of us will suffer personal injury at some point during our lives. Many such incidents that result in personal injuries are the consequences of the negligence or intentional actions of other parties.

An Altoona personal injury lawyer may be able to help you pursue claims against these parties for your losses. Whenever another party is liable for an incident that results in a personal injury, the injury victim may seek payment for medical care, lost wages, pain and suffering, and emotional trauma. A seasoned personal injury attorney could help to pursue your claims for such payments.

Why Choose Our Altoona Personal Injury Lawyers?

Shot of team at Marcus & Mack

Choosing the right legal representation can mean the difference between receiving the full and fair compensation you deserve and dealing with additional stress in the aftermath of a serious accident. Here’s why you should opt for Marcus & Mack:

Strong Reputation for Success

With a formidable reputation across Central and Western Pennsylvania, Marcus & Mack is renowned for consistently winning complex personal injury cases. Our ability to construct effective legal solutions through careful preparation is evident in our impressive track record. But don’t just take our word for it; discover the experiences of our many satisfied clients in their testimonials.

Exclusively Focused on Personal Injury

At Marcus & Mack, our law firm focuses exclusively on personal injury law. We understand the toll a severe accident can have physically, emotionally, and financially. We pour our energy into every case we handle, providing the dedicated and personalized attention you deserve.

Deeply Experienced Attorneys

Led by experienced trial lawyers Robert S. Marcus and Jonathan B. Mack, our team totals over 100 years of combined legal experience. Accrued over more than 42 years, our experience extends across thousands of successful resolutions for injury victims throughout Pennsylvania.

Assertive and Respected

Marcus & Mack’s reputation has weight, and insurance companies know it. When you’re backed by our legal services, you convey a clear message: you mean business. We vigorously fight for full compensation, mitigating your expenses and securing your financial recovery.

If you’ve sustained injuries from a serious accident, rely on Marcus & Mack. Our personal injury attorneys have been serving Altoona for over three decades as dedicated personal injury lawyers. Addressing wrongs and assisting you in rebuilding your life — that’s our mission and commitment to you.

Typical Injuries in a Personal Injury Case

Close-up view of the doctor's hands examining the arm of a male patient

Any injury that results from an act of negligence could lead to a claim for damages. These injuries must require medical treatment for a legal claim to be worth pursuing. Some examples of the injuries resulting in legal claims include:

Pursuing an injury claim starts with compiling the medical records related to these conditions. An experienced local attorney could review the facts of an accident and the ensuing medical records to determine the value of a personal injury claim.

Common Types of Personal Injury Accidents in Altoona, PA

Accident Car Crash With Bicycle On Road

Accident Car Crash With Bicycle On Road

Most personal injuries that are attributable to the actions of a liable party are the result of negligence. This means that the defendant did not intend to cause any harm, but through their carelessness or recklessness, harm occurred nonetheless.

Accident victims can only pursue a claim after an accident if a defendant violated a duty of care. These duties are commonly violated. Examples of negligence cases include:

  • Cartruckmotorcycle, or pedestrian accidents: Drivers on the road owe a duty of care to everyone around them: other drivers, motorcyclists, pedestrians, and bicyclists. This duty involves acting reasonably and responsibly behind the wheel, respecting traffic laws, and maintaining awareness. When this duty of care is breached through actions like distracted driving, drunk driving, or erratic speeding and leads to an accident causing injuries, the negligent driver can be held liable for the damages suffered.
  • Premises liability claims: Landowners, including homeowners and business owners, are required by law to maintain a safe environment for individuals entering their premises. This means ensuring the property is free from dangerous conditions such as slippery floors, broken stairs, or poor lighting that could cause accidents. If a guest, customer, or even a trespasser is injured due to such conditions, the landowner could be held responsible under premises liability laws.
  • Medical malpractice claims: Healthcare providers, including doctors, nurses, and other medical professionals, are expected to deliver competent patient care. Their duty extends to accurately diagnosing conditions, administering correct treatments, and conducting surgical procedures with a high degree of skill. Sometimes, though, errors occur, and when these errors lead to patient harm, it falls under medical malpractice. If it can be proven that the injury was a direct result of the healthcare provider’s negligence, they may be held accountable for the damages.
  • Product liability cases: Manufacturers, retailers, and distributors have a duty to only bring to market products that are safe for consumers when used as intended. When companies fail to design, produce, or market safe goods—whether it’s a kitchen appliance, a children’s toy, a motor vehicle, or a prescription drug—and a consumer is injured as a result, it falls under product liability. In these cases, the company could be liable for damages, regardless of whether or not they were aware of the product’s defect.

In all cases centered around negligence, plaintiffs must prove that a defendant’s actions caused or contributed to their losses. However, plaintiffs must also be prepared to justify their own actions. In all negligence cases, courts will consider a legal theory called modified comparative negligence. According to 42 Pa.C.S § 7102, courts must evaluate the actions of all parties to an accident to assign fault. If the court believes that a plaintiff is more than 50 percent at fault for an incident, that court cannot award any compensation. A knowledgeable Altoona personal injury attorney could help to explain the concept of negligence and how it affects a claim for damages.

How Do Cases Centered Around Intentional Violence Impact a Claim?

A significant portion of personal injuries are also the result of the intentional actions of defendants. Assaults, sexual offenses, kidnappings, and even intentional infliction of emotional distress are all examples where a plaintiff alleges that a defendant intended to cause harm. Here, it is also likely that a defendant faces related criminal charges. While a conviction in criminal court can result in the defendant paying a fine or serving a jail sentence, it may be necessary for a victim to pursue a separate but related civil claim for damages to recover compensation for emotional trauma and pain and suffering.

A conviction in a criminal case can serve as conclusive evidence in a civil claim. A legal concept called res judicata states that a court cannot reexamine a question another court has already answered. For example, if an assault leads to a conviction in criminal court for Defendant A, Defendant A cannot argue in civil court that this assault never occurred. On the other hand, an acquittal in criminal court does not mean civil litigation will not succeed. A well-practiced personal injury lawyer in Altoona could help to explain the interactions between criminal and civil court cases.

How Does a Civil Claim Work in Personal Injury Law?

Lawyer Bryan S. Neiderhiser at his desk having a consultation with a team member

While no two personal injury claims are exactly alike, each of them follows the same general process. After hiring an attorney, a plaintiff’s case typically begins with a thorough investigation of the accident. This includes preserving and obtaining evidence related to the cause of the injury as well as identifying the extent of the claimant’s damages.

Once the claim is investigated, the plaintiff typically sends the at-fault party a demand letter. This letter is an offer of financial settlement in exchange for the promise not to file an injury lawsuit. Often, these letters result in the eventual settlement of an injury claim, oftentimes through an offer from your own insurance company.

Claims that do not settle can result in a lawsuit. These lawsuits go through the discovery process first. Discovery involves the two parties exchanging copies of the evidence they possess. If the case does not settle while litigation continues, it will eventually be resolved through a trial.

Statute of Limitations

Robert S. Marcus, Altoona personal injury lawyer

Robert S. Marcus, Altoona personal injury lawyer

Every personal injury lawsuit in Altoona must abide by the deadline known as the statute of limitations. The statute of limitations for personal injury claims is codified under 42 P.S. § 5524. Generally, under this statute, a plaintiff in a personal injury lawsuit must file his or her claim within two years of the day the injury occurred.  Exceptions to this general rule do exist, and an experienced attorney can explain those exceptions to you and determine if they apply to your claim.

The consequences of noncompliance with the statute are severe. A plaintiff can expect the defendant to request that the case be dismissed immediately if it is brought after the time limit expires. Outside of a handful of exceptions, the courts will generally dismiss these cases with prejudice.

An Altoona Personal Injury Attorney Could Help

The purpose of a personal injury claim is to make you whole again. This means that a liable defendant has an obligation to provide payments to cover all your losses. Our Altoona personal injury attorneys could help you measure those losses, gather the evidence necessary to prove that the defendant was at fault and represent your interests during all settlement negotiations and court hearings. Call to speak with the dedicated Altoona personal injury lawyers at Marcus & Mack today and begin working on your claim.

 

Marcus & Mack | Altoona Office

1216 11th Ave, Suite 219
Altoona, PA  16601

Client Review

Best Injury Attorney
N/A Marcus & Mack 1216 11th Ave, Suite 219 Altoona PA 16601 Phone: (814) 942-9443
To say this firm is amazing is an understatement! Everyone is very friendly and professional. Sonya handled everything for us and she was super organized and on top of everything! She was willing to answer any questions we had. They will take the time to get you what they feel is fair and not rush to just settle! If you are looking for the BEST Injury Attorney, you have came to the right place!
Rating: ★★★★★
5 / 5 stars

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Marcus & Mack

Marcus & Mack
N/a
1216 11th Ave,
Suite 219

Altoona PA   16601