If you have been injured by someone else’s negligence, you likely have questions about your rights and the legal process. Here, we answer some of the most common questions we receive from personal injury victims. If our general personal injury FAQs don’t answer all your questions, feel free to contact Kalikhman & Rayz, LLC’s personal injury lawyers for a personalized consultation.
Lawrence Kalikhman, Esquire is a summa cum laude and Phi Beta Kappa graduate of Temple University. Mr. Kalikhman received his Juris Doctorate from the Rutgers University School of Law. He has experience in Personal Injury Litigation in Pennsylvania and New Jersey.
Mr. Kalikhman is admitted to practice before state and federal courts in the Commonwealth of Pennsylvania and the State of New Jersey. He is a member of the Pennsylvania, Philadelphia, and Bucks County Bar Associations, as well as the Pennsylvania Association for Justice.
Arkady “Eric” Rayz, Esquire is a summa cum laude and Phi Beta Kappa graduate of Temple University. As an undergraduate, Mr. Rayz was a recipient of the H. Thomas and Dorothy Willits Hallowell Scholarship and Temple University President’s Scholar Award. Mr. Rayz obtained his Juris Doctorate from the James E. Beasley School of Law of Temple University, where he was a staff member and editor of the Temple International and Comparative Law Journal.
Mr. Rayz has broad experience in handling matters in federal and state courts and is admitted to practice in the Commonwealth of Pennsylvania and the State of New York. He is a member of the Pennsylvania and Philadelphia Bar Associations.
Personal injury is a broad legal category that can encompass everything from car accidents to slip and fall injuries and wrongful death. The primary defining factor of a personal injury case is negligence. When your injuries are caused by another person’s careless or reckless actions, you may have grounds to file a personal injury claim.
The types of damages you could recover for your personal injury vary widely based on the circumstances of your case. Compensation for personal injury claims is typically divided into two categories: economic and non-economic damages. Economic damages are actual tangible losses you suffered because of an injury. They may include medical expenses, lost income, reduced income potential, and property damage.
Non-economic damages are intangible losses you experienced because of personal injury. Such losses are less easy to quantify but can still affect your life significantly. They include physical pain and suffering, emotional distress, mental anguish, loss of enjoyment, and diminished quality of life.
Depending on your case, you may also recover punitive damages, but such damages are rare and usually limited to cases of gross negligence.
Determining fault in a personal injury case relies on establishing the type of accident and its cause. Examples of people who could be at fault in a personal injury claim include:
In many cases, a personal injury claim involves multiple parties. A skilled personal injury lawyer can investigate the fundamental cause of your accident and determine all the potentially liable parties, so you have the best chance of recovering fair compensation.
Personal injury cases rely on proving the responsible party’s negligence. This typically involves proving the following four elements of negligence:
In essence, you must gather evidence to prove that the at-fault party had a duty to reasonably prevent harm, and they failed in that duty. You must also show that their failure in the duty of care caused your injuries and you suffered losses as a result.
For instance, if a motorist was operating a vehicle while intoxicated and they hit you, you could claim they violated their duty of care.
To prove causation, you might provide police reports, video evidence, and eyewitness statements. Finally, you could use medical bills, invoices, and financial records to show that the driver’s negligence cost you additional treatments, pain and suffering, and other losses.
Insurance companies are motivated to pay as little as possible for injury claims. Their business model is built on minimizing payouts. As such, they rarely offer a fair settlement the first time.
Since Pennsylvania has a modified comparative negligence system, any fault you share for the accident could reduce your settlement. To reduce your payout, an insurance adjuster may try to claim that you are equally responsible for the accident that caused your injury.
You benefit from working with a personal injury lawyer with experience negotiating settlements. An attorney who handles injury claims will be familiar with insurance company tactics and know how to counter them.
While you can often file a lawsuit without a personal injury lawyer, a single misstep or overlooked deadline could prevent you from recovering compensation. A personal injury lawyer familiar with your state and local laws can review your case, help you gather evidence to prove negligence, and manage all the legal filings. They can also take care of all correspondence and document requests related to your case, so you can take the time you need to recover from your injuries.
Insurance companies are notorious for offering low settlements to exhausted injury victims. If you hire an attorney, you show them you are willing to fight for your legal right to a fair settlement, which can lead to more reasonable agreement terms. If the insurance adjuster does not offer a settlement to cover your injuries, your personal injury lawyer can file a lawsuit and represent you in court proceedings.
Pennsylvania’s statute of limitations for filing a personal injury claim is typically two years. This time frame can vary depending on the type of personal injury and the circumstances of your case. Rather than waiting, contact a personal injury attorney as soon as possible after your injury. They can help you understand which deadlines apply to your personal injury claim and guide you through the legal process.
Pennsylvania does not limit personal injury damages, unless your case is against the Commonwealth of Pennsylvania. If you file a claim against the Commonwealth because of negligence or malpractice on the part of a Commonwealth employee, institution, or facility, damages you can recover are capped at $250,000 per 42 Pa. C.S.A. § 8528. This limit applies to any Pennsylvania Commonwealth government agencies.
In addition, claims against local governmental agencies, such as a city government or school district are limited to $500,000 for all economic and non-economic damages per 42 Pa. C.S.A. § 8553.
These answers address common issues, but every personal injury case is unique. Kalikhman & Rayz offers free consultation to help injury victims obtain legal advice directly from a personal injury lawyer. Contact us today to schedule an appointment. We will review your case at no cost and help you understand your rights and options.
