If you were injured because of another person’s reckless or negligent actions, do not hesitate to contact a compassionate attorney. A Cambria County personal injury lawyer could review your case and determine your best course of action. Depending on the circumstances surrounding how your injury occurred, you may have grounds to file a lawsuit.
Navigating a lawsuit or even an insurance claim can prove challenging, especially if you are suffering from physical pain and mental anguish. By allowing a skilled lawyer in the area to handle your case, you could put yourself in a better position for a favorable resolution.
Common Injury Cases in Cambria County
Several different types of accidents fall under the field of personal injury law. Therefore, it is important to enlist the services of a local attorney who is familiar with handling many kinds of cases. Some of the more common injury claims include:
- Slip and fall cases
- Vehicular accidents
- Medical malpractice
- Dog bites
- Wrongful death
Pennsylvania laws allow plaintiffs two years to file personal injury cases with the court, pursuant to 42 P.S. § 5524. Filing a personal injury lawsuit after the statute of limitations has ended typically results in a case being dismissed. However, the state recognizes exceptions to the two year rule, such as if the injured individual is under 18 at the time of the incident. Under 42 P.S. § 5533, the statute of limitations begins upon the minor’s 18th birthday. There are other exceptions in rare situations in which the victim could not have reasonably been aware of the wrongful conduct, such as if a device was improperly inserted during a surgery.
The filing deadline might also be extended if the defendant attempts to hide his or her identity.
Establishing a Defendant’s Negligence
To prove negligence in a personal injury case, the plaintiff and his or her Cambria County attorney must show that the defendant failed to exercise duty of care. The attorney must also show that the lack of care caused the injury. If the claimant can provide a clear link between negligence and the injury, then he or she can receive compensation.
Modified Comparative Negligence
Pennsylvania uses modified comparative negligence laws to determine blame in personal injury cases. For example, if a plaintiff and his or her attorney request $20,000 in injury-related damages after a slip and fall accident, he or she can receive the full amount if the plaintiff was not at all responsible for the accident. However, if the plaintiff was 25 percent to blame for the accident, the available compensation amount is reduced to $15,000. Plaintiffs who are found more than 50 percent to blame for a personal injury accident cannot receive compensation.
Contact an Attorney in Cambria County About Your Personal Injury Claim Today
If you think your injuries could have been avoided if the offending party had not breached his or her duty of care, contact a Cambria County personal injury lawyer today. An attorney could review the circumstances surrounding your case and help you recover damages including medical costs, lost wages, pain and suffering, and mental anguish.
Start the claims process by contacting Marcus & Mack today. You might discover you are entitled to more damages than you originally believed.