Philadelphia Personal Injury Lawyers

Get Help For Your Personal Injury Case

A KaplunMarx personal injury attorney can provide you with the guidance and support you need to navigate the complex legal process and ensure that your rights are protected. They can also help you to obtain the compensation for any damages you have suffered, such as medical expenses, lost wages, and pain and suffering.

With the help of a KaplunMarx attorney, you can have the confidence and peace of mind that comes with knowing that your case is being handled by a knowledgeable professional who has your best interests at heart.

Some of the most common types of personal injury cases that we represent are:

• Car, motorcycle, and commercial truck accidents: Accidents involving motor vehicles can be complex legal matters, as they often involve determining fault and negotiating with insurance companies. In these types of cases, a personal injury attorney can help you to gather evidence, assess the damages, and negotiate with the insurance company or even take them to trial if needed.
  
  
• Bicycle accidents: Cyclists are often vulnerable to serious injuries when they are hit by a car, truck, or other vehicle. In these types of cases, it is important to establish liability and demonstrate the full extent of the damages suffered. A personal injury attorney can help you to navigate the legal process and ensure that you receive fair compensation for your injuries.
  
  
• Pedestrian accidents: Pedestrians can suffer serious injuries when they are hit by a car, truck, or other vehicle, especially in areas with heavy traffic. In these types of cases, it is important to establish fault and determine the extent of the damages suffered. A personal injury attorney can help you to build a strong case and negotiate with the insurance company to ensure that you receive fair compensation for your injuries.
  
  
• Slip and fall accidents: Slip and fall accidents can occur on any property and can result in injuries such as broken bones, head injuries, and spinal cord injuries.
  
  
• Medical malpractice: Medical professionals are required to provide a certain standard of care to their patients. When they fail to do so, it can result in serious injury or even death.
  
  
• Nursing home abuse: Nursing home residents are entitled to a certain standard of care. When they are abused or neglected, it can result in serious injuries.
  
  
• Wrongful death: When a person dies as a result of the negligence or wrongful conduct of another person or entity, it may be considered a wrongful death case.
  
  
• Product liability: Manufacturers are required to ensure that their products are safe for consumers to use. When they fail to do so, it can result in serious injury.
  
  
• Workplace accidents: Employees who are injured on the job may be entitled to compensation for their injuries, including medical expenses and lost wages.

Overview of the Personal Injury Process

Initial Consultation

When you meet with your personal injury attorney for the first time, they will discuss the details of your case with you and answer any questions or concerns you may have. During the consultation, you will typically discuss the following:

• The circumstances surrounding your injury
• Who was involved in the incident
• Who may be liable for your injuries
• The nature and extent of your injuries
• Your current and future medical needs

Your attorney will provide you with an assessment of your case and advise you on the best course of action to take.

Investigation

Your personal injury lawyer will conduct a thorough investigation into the facts and circumstances of your case. This may include:

• Visiting the scene of the accident to gather evidence
• Obtaining incident reports
• Identifying all parties responsible for your injuries
• Collecting medical bills and records related to your treatment

Treatment

While your attorney is investigating your case, it is important that you focus on your recovery. Follow your doctor's orders and keep a journal of your medical treatment and expenses. We can help facilitate your treatment with our trusted partner providers here in Philadelphia.

Demand Package

Once your attorney has gathered all necessary information, they will prepare a demand package that outlines your case and the compensation you are seeking. This may include:

• Police or incident reports
• Photos of property damage and injuries
• Medical bills and records
• Receipts for expenses
• Documentation of lost wages

Negotiations

The insurance company for the at-fault party will review the demand package and respond with a settlement offer. Your attorney will discuss the offer with you and provide advice on how to proceed.

Settlement

If a settlement can be reached, your attorney will prepare a settlement agreement outlining the terms of the settlement.

Litigation

If negotiations are unsuccessful, your attorney may file a lawsuit and present your case to a jury to obtain a verdict against those responsible for your injuries.

Personal Injury Litigation

At KaplunMarx, we will not hesitate to take a case to litigation if the circumstances dictate.
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Filing a lawsuit

The first step in personal injury litigation is to file a lawsuit with the appropriate court. The lawsuit will identify the parties involved and the nature of the claim, and will request a specific amount of damages.

Discovery phase

Once the lawsuit is filed, both parties engage in the discovery phase. During this phase, each party has the opportunity to gather evidence and information related to the case. This may involve depositions, requests for documents, and other forms of information gathering.

Pre-trial motions

Before the trial begins, either party may file pre-trial motions to address various issues related to the case. These motions may involve requests for summary judgment, dismissal of the case, or other procedural issues.

Trial

If the case proceeds to trial, both parties will present evidence and arguments to a judge or jury. Witnesses may be called to testify, and experts may be brought in to provide testimony on technical or scientific issues.

Verdict

At the end of the trial, the judge or jury will issue a verdict, which may include a monetary award to the plaintiff. The verdict may also include a determination of fault and a finding of liability for the defendant.

Appeals

If either party is dissatisfied with the verdict, they may file an appeal. The appeals process can be lengthy, and it involves a review of the trial proceedings by a higher court.

Showing Negligence or Fault

In motor vehicle accidents, a police report establishes who was "at fault". But some other case types require more extensive development to establish a claim.

To prove negligence, there are four essential elements that must be present: duty of care, breach of duty, causation, and damages.

1. Duty of Care: The duty of care refers to the legal obligation that a person or entity has to exercise a reasonable standard of care to prevent harm to others. For example, drivers have a duty of care to obey traffic laws and drive safely to avoid causing harm to other drivers, passengers, and pedestrians.
2. Breach of Duty: If a person or entity fails to uphold their duty of care, it is considered a breach of duty. In a personal injury case, the plaintiff must demonstrate that the defendant breached their duty of care, which led to the plaintiff's injuries. For example, if a driver runs a red light and hits a pedestrian, the driver has breached their duty of care to obey traffic laws and drive safely.
3. Causation: Causation refers to the link between the defendant's breach of duty and the plaintiff's injuries. In other words, the plaintiff must show that their injuries were caused by the defendant's breach of duty. For example, if a driver's breach of duty caused a car accident that led to the plaintiff's injuries, the plaintiff must establish the link between the driver's breach of duty and their injuries.
4. Damages: The final element of a personal injury case is damages, which refers to the harm or losses that the plaintiff has suffered as a result of their injuries. This can include medical expenses, lost wages, pain and suffering, and other economic and non-economic damages.

Personal injury cases can be incredibly stressful and overwhelming experiences for those involved. In Philadelphia, there are a variety of law firms that specialize in helping accident victims receive the compensation they deserve. At KaplunMarx, we offer  personal communication with experienced attorneys, a deep understanding of the legal system, and a tradition of success in securing large verdicts and settlements.

Don't Face Insurance Companies Alone

Insurance carriers have whole teams of experts and attorneys whose job it is to reduce, mitigate or outright deny your claim. If your claim has already been denied, you will likely not be able to even re-open the discussion without a good personal injury attorney.

Keep in mind that having a KaplunMarx attorney on your side will give you these advantages among others when dealing with insurance companies:

- Our attorneys can gather evidence to support the claim and present it in a persuasive manner.

- Our attorneys can negotiate with the insurance company to ensure fair compensation for medical expenses, lost wages, pain and suffering, and other damages.

- If necessary, we can take the case to trial and argue on behalf of the victim in front of a judge or jury.

Insurance Claim Denials or Lack of Cooperation

Insurance carriers will do just about everything in their power to keep you from a fair claim. They may use tactics such as:

Disputing liability: Insurance companies may argue that their policyholder was not at fault for the accident or that the victim was partially responsible. This can lead to reduced compensation or even a denial of the claim altogether.

Delaying payment: Insurance companies may drag out the claims process by requesting additional documentation or conducting multiple investigations. This can add stress and financial strain on victims who are already dealing with medical bills and lost wages. It can also give rise to opportunity for claimants to miss deadlines.

Lowball settlements: Insurance companies may offer low settlement amounts in hopes that victims will accept them without question. However, these offers often do not fully compensate individuals for their injuries and losses.

The Importance of Getting Treatment

If you become a client, we may be able to help you get medical treatment with our network of trusted providers here in Philadelphia without upfront out of pocket costs.

Seeking prompt and appropriate medical treatment is crucial when you are working on a personal injury claim, as it can establish the cause and severity of the injury and provide vital evidence to support a case. Delaying medical treatment may not only harm your health but also your legal case, as insurance adjusters may use delayed treatment as an excuse to deny a claim.

In a personal injury lawsuit, it is incumbent upon you to demonstrate that the defendant's negligence was directly responsible for your injury, resulting in incurred damages.

Nevertheless, if there was a prolonged delay before seeking medical attention following your accident, the court or jury may interpret this as an indication that your injuries were less severe than you alleged. Such an interpretation could lead to a reduction in the compensation initially slated for you.

Documented medical care is essential for personal injury claims. It can serve as vital ammunition for the case and establish a baseline amount for settlement payouts.

Long-term medical treatment costs should be covered by personal injury settlements, but delaying treatment may result in insufficient coverage for long-term care. Additionally, not seeking immediate medical attention after an accident could lead to serious lingering health effects that are difficult to treat later on.

Additionally, gaps in treatment or accusations of malingering could weaken the credibility of your claim before insurance companies or in court.

Developing Your Claim or Court Case

We put dozens, even hundreds of hours into developing cases for our clients. To build a strong case, it is crucial to thoroughly investigate and gather all relevant evidence, including medical records, witness statements, and accident reports.

This can involve working with experts such as accident reconstruction specialists or medical professionals to provide testimony regarding the severity of injuries. We may put extensive work into collecting and organizing documentation needed to prove our claims. Additionally, our attorneys may utilize legal strategies such as discovery, which allows them to request information from opposing parties that may be critical to building a successful case. In some cases we may employ private investigators or expert witnesses to help our client's cases.

As mentioned previously our attorneys also negotiate aggressively with insurance companies to reach a fair settlement outside of court. However, our attorneys won't hesitate to litigate if necessary for proper compensation for our client's injuries and losses.

Personal Injury Damages We May Speak With You About While We Develop Your Case

In personal injury cases, two types of damages are typically awarded to compensate the injured party: general damages and special damages.

General damages refer to non-economic losses, such as pain and suffering, emotional distress, or loss of enjoyment of life.

Special damages, on the other hand, are quantifiable financial losses incurred as a direct result of the injury, such as medical expenses or lost wages.

The amount and type of damages awarded in a personal injury case depend on the specific circumstances surrounding the injury and its impact on the plaintiff's life.

General Damages

General damages are a type of compensation that aims to restore the injured individual to their position before the accident and compensate them for non-economic losses such as pain and suffering, disfigurement, and loss of personal enjoyment. These damages are subjective in nature because they cannot be easily quantified or measured by objective standards.

Instead, general damages are awarded based on the severity and impact of the injury on the victim's life. Pain and suffering refer to physical discomfort, emotional distress, anxiety, depression, and other psychological effects that result from an injury. Disfigurement covers any permanent scarring or deformity caused by an accident. Loss of personal enjoyment refers to any negative effects on the victim's quality of life such as inability to participate in hobbies or activities they once enjoyed.

The amount of compensation awarded for general damages varies depending on each case's unique circumstances, including factors like age, extent of injuries sustained, duration of recovery time needed, and future limitations due to injuries incurred during the accident.

Special Damages

Compensation for special damages covers quantifiable costs resulting from the injury, such as medical expenses, loss of income, and projected costs of future medical treatment. These damages aim to restore injured individuals to their position before the accident and compensate them for their injuries. The amount awarded for special damages depends on the severity of the injury and its impact on the victim's life.

For instance, if a person is unable to work due to their injury, they may receive compensation for lost wages. In addition to economic losses like medical bills and lost income, special damages can also include non-economic losses such as pain and suffering, disfigurement, humiliation, or loss of personal enjoyment.

Victims will likely need to provide receipts and records showing how much they paid in medical bills or other expenses related to their injury. If we take your case, we will help you identify which expenses are compensable under special damages and ensure that they receive fair compensation for these losses.

Escalating Your Case to Trial

At KaplunMarx, we are not intimidated by taking your case to court if necessary. While this means a payout for your losses and injuries will likely take longer, it is sometimes the only way to receive the compensation that is warranted (or any at all).

Our team is more than ready and able to file a lawsuit and aggressively pursue it in court on your behalf.

In Philadelphia, civil litigation trials are primarily heard in two courts: the Philadelphia County Court of Common Pleas and the United States District Court for the Eastern District of Pennsylvania.

Philadelphia County Court of Common Pleas: This is a state trial court of general jurisdiction. It handles a wide range of civil cases, including personal injury, contract disputes, property disputes, and other types of civil litigation. The Court of Common Pleas is organized into several divisions, one of which is the Civil Division. The majority of civil litigation trials in Philadelphia are heard in this court.

United States District Court for the Eastern District of Pennsylvania: This is a federal trial court that hears civil cases involving federal laws or disputes between residents of different states where the amount in controversy exceeds $75,000. It also hears cases involving the U.S. government as a party, as well as certain special types of cases, like bankruptcy and maritime law cases.

If the decision of either of these courts is appealed, the case would move to an appellate court. For the Court of Common Pleas, appeals are heard by the Pennsylvania Superior Court or the Commonwealth Court, and then possibly the Pennsylvania Supreme Court. For the U.S. District Court, appeals go to the Third Circuit Court of Appeals.