While people often take great care to avoid harm, some accidents are caused by the negligence of another. Under these circumstances, a person could potentially have grounds to file a civil claim for financial restitution.
If you or a loved one suffered harm due to the negligent or reckless act of another person, consulting with Southampton personal injury attorney could improve your chances of filing a successful claim to financial restitution. Experienced personal injury attorneys could work tirelessly to help you secure damages for your losses.
What is Considered Negligence?
Negligence occurs when an individual breaches a recognized duty. For example, all motorists owe other commuters a duty to drive safely and obey traffic laws. A negligence claim exists if there is a causal link between a breach of that duty and a resulting injury.
The injured party, or plaintiff, must be able to present evidence of their financial, physical, and emotional losses that are the direct result of the accident. Common evidence includes medical bills, photographs of injuries, and expert witness testimony.
Common incidents that could give grounds for a civil suit based on negligence include:
- Car, truck, and motorcycle collisions
- Defective consumer goods
- Slip and falls
- Harmful medication
- Pedestrian and bicycle accidents
- Dangerous properties
- Wrongful death
As these are several types of personal injury claims, it is important to work with a local lawyer with experience handling different civil cases.
Comparative Negligence Impact on Civil Claim
Pennsylvania is one of the states that has adopted comparative negligence laws, codified under 42 Pennsylvania Consolidated Statutes §7102. Under this theory, courts must assess the actions of each involved party and assign them all a corresponding percentage of fault. As long as a claimant is less than 50 percent responsible for the accident, they can still recover financial compensation. However, their damages award will be reduced by their percentage of fault.
Recoverable Damages in Southampton
Pennsylvania plaintiffs may seek damages for the actual cost of their injuries and associated expenses. Additionally, claimants can potentially recover compensation lost wages or lost earning potential if the injury put them out of work either temporarily or permanently.
Plaintiffs may seek to recover non-economic losses such as pain and suffering, disfigurement, disability, or loss of consortium. These damages are typically hard to assign a monetary value to, so it is important for a personal injury attorney in Southampton to provide enough evidence of losses for a judge to determine an appropriate compensation amount.
Statute of Limitations for Personal Injury Claims
Pennsylvania has a two-year statute of limitations for personal injury claims. This means, injured parties need to make sure they file a cause of action within two years of the accident or discovering the injury, otherwise they may be time barred.
Contact A Southampton Personal Injury Attorney Today
If you suffered an injury due to the fault of another, the law allows you to seek legal recourse in the form of damages. However, you must be able to prove the defendant was negligent and directly caused your financial and human losses.
This can be difficult to accomplish without guidance from an experienced legal professional. A Southampton personal injury lawyer could review your case, answer any questions you may have, and help you move forward with a civil claim. Call our office today to book your initial case consultation for free.