Pocono Woodland Lakes Personal Injury Lawyer
Accidents happen in a number of ways and when they do, you will sustain serious injuries that may impact you for months, and even years, to come. You can file a claim against the negligent, or careless, party to recover financial compensation for your medical expenses, lost income, and more. Personal injury claims are governed by a number of state laws and it is important to know what these are so you can claim the maximum damages you deserve. Below, our Pocono Woodland Lakes personal injury lawyer explains some of the most important laws that may pertain to your case.
Negligence vs. Strict Liability
The vast majority of personal injury cases filed in Pocono Woodland Lakes rest on the theory of negligence. Negligence is a legal concept that refers to a person’s carelessness. You do not have to prove that someone intentionally harmed you after filing a personal injury case. To prove negligence, though, you must establish four important facts of your case. These are as follows:
- Another person owed you a duty of care to act in a safe manner so no one becomes hurt
- The individual breached that duty of care by acting negligently,
- There is a direct link between the act of negligence and the accident, and
- You suffered losses, or damages, as a result
Not all personal injury cases require you to prove negligence. For example, if you were bitten by a dog or injured by a defective product, you do not have to prove negligence. These are known as strict liability claims. You must only prove that a dog bit you, or that a manufacturer sold a defective product, to be successful with your claim.
Shared Fault in Personal Injury Claims
The law in Pennsylvania recognizes that in some cases, there is more than one person at fault for an accident and that sometimes, the victim is also partly to blame. In these cases, accident victims can still file a claim for financial compensation as long as they were no more than 50 percent at fault for the accident. If injured individuals are successful with their claim, the amount of damages they are awarded will be reduced by their percentage of fault.
For example, you may slip and fall in the icy parking lot of a store. The store owner may argue that you were not wearing appropriate winter footwear and so, you partially contributed to the accident. If the insurance company or a jury agrees with the property owner, they may assign you 25 percent of the blame and the store owner 75 percent of the blame for failing to clear their parking lot of ice and snow. If you are awarded $50,000 for your injuries, that amount will be reduced by 25 percent, meaning you will receive $37,500.
Our Personal Injury Lawyers in Pocono Woodland Lakes Offer Sound Legal Advice
If you have been injured by another person’s carelessness, our Pocono Woodland Lakes personal injury lawyer at Needle Law Firm can advise you of the laws that govern your case and help you recover the full and fair settlement you need to make a full recovery. Call us now at 570-421-0500 or reach out to us online to schedule a free review of your case with one of our seasoned attorneys.