If you have been injured due to someone else’s negligence, a personal injury lawsuit may become a part of your life at some point. That’s because there are going to be medical expenses and other costs stemming from the accident that will pile up and they can be difficult to pay, especially if you are not able to work because of your injuries. You have to pay the bills somehow and holding the responsible party accountable for the expenses they caused is a way to do that.
When filing an injury claim in Pennsylvania, there are some things to know. You have to know what options are available to you and how long you have to take advantage of those options. At Brotherly Law, we will make sure you know what is happening and how everything works so you can make informed decisions when you need to. You also receive compassionate and aggressive representation that is designed to get results.
Just like every state, statutory limits limit the amount of time that a person has to file a lawsuit after suffering an injury due to someone’s negligence. The statute of limitations varies based on the type of case you wish to file, but is generally two years from the date of injury in Pennsylvania. It is very important to follow this rule if you plan on filing your lawsuit before the two-year window closes. If you attempt to file a claim after the statute of limitations is over, then you are not going to be able to because the court would refuse to hear your case.
If your injury claim is against a state, county, or city government agency, you must file your notice of intent to sue within six months. This may seem like a short period of time because it is. If your accident is with a government entity, you have to act fast or you lose your chances for compensation.
If you need to make a claim to your own insurance due to Pennsylvania’s status as a no-fault state, then it is good to look at the time limits listed within your policy. Nonetheless, it is important to notify the insurance company as soon as possible after an accident in order for the claims process to begin. This is a general rule of thumb for all insurance companies since they want the accident reported as soon as possible. This is why most people call their insurance company the same day of the accident when they are able to.
In the case of an animal attack, such as a dog attack, Pennsylvania has a statute that differs from many other states and that is that the owner is “strict liable” if their dog attacks someone. In other states, the owner may be protected from liability if the attack is the dog’s first time attacking anyone. Fortunately, it’s not that case in Pennsylvania, giving victims the right to sue no matter what a dog’s past behavior has been.
In addition to having a specific period of time to file claims, there are no caps on injury damages in the state. This means that the Pennsylvania constitution prohibits the limitation of damages in cases involving wrongful death and injury. The only damage limitation that may be seen is in injury cases where punitive damages may be sought. The state has capped these damages at twice the amount of the actual damages.
Although you may have considered filing a personal injury lawsuit after being injured, the time in which you do so may not be something you are considering since you have so much to deal with because of the accident. The fact is that you only have a specific amount of time to file your claim, so it is good to do so as soon as you’re able. To learn more about how Brotherly Law can help you with the filing of your personal injury lawsuit, call today at (215) 545-8500 or contact us online to schedule a free consultation.
If you have been injured due to no fault of your own, you may be able to hold the responsible party accountable for the monetary damages resulting from the accident. Fill out the form below to request a free consultation so we can evaluate your case.