Personal injury litigation is subject to different regulations in every state. To bring a case in Pennsylvania it is very important that you consult an experienced Pennsylvania personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Pennsylvania can arise from negligence or intentional wrongdoing.
In Pennsylvania you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
In Pennsylvania personal injury lawsuits you can still recover damages even if your own negligence contributed to the injury. Pennsylvania follows a doctrine of modified comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. Under Pennsylvania law a plaintiff cannot recover damages if they were more negligent than the defendant.
Pennsylvania personal injury law follows the doctrine of several liability when determining liability between defendants. The doctrine of several liability means that each defendant is responsible to pay only for the portion of the damages equal to their portion of the fault in the case. Under Pennsylvania law if one defendant is unable to pay what they owe, other defendants cannot be held liable for this cost.
In Pennsylvania there is no limit on the value of non-economic damages. Non-economic damages include pain and suffering, loss of quality of life, loss of companionship, emotional distress and humiliation.
Pennsylvania law does not restrict the awarding of punitive damages. Punitive damages are assessed to punish the defendant's wrongdoing.
In Pennsylvania you have two years to file a personal injury lawsuit under the states statute of limitation.
If you are considering pursuing a claim in Pennsylvania you need the counsel of a personal injury attorney who understands the nuances of Pennsylvania law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.