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What constitutes negligence in a Pennsylvania personal injury claim?

On Behalf of | Sep 15, 2023 | Motor Vehicle Accidents

Perhaps you were driving to work or the grocery store on a Pennsylvania road when another vehicle hit you. Maybe your child suffered blunt force trauma during a sporting event. Perhaps you were walking through a shopping mall when you slipped and fell on a wet floor. Such incidents often result in severe personal injury.  

Pennsylvania law allows you to seek restitution when you or your child have suffered injuries in a collision or accident. If the judge or jury assigned to your case are convinced that another person’s negligence was a contributing factor in the incident that resulted in injuries, that person may be liable for damages. This means that the court can order the negligent party to pay compensation, which may, in turn, help pay your medical bills or absorb other financial costs associated with your injuries.   

How is negligence determined in a Pennsylvania injury claim? 

Certain elements must exist to prove negligence in a personal injury claim. The following list provides a basic overview of these issues:  

  • The defendant must have owed you a duty of care at the time of the incident.  
  • He or she (or they) must have failed to fulfill said duty.  
  • The negligence in question must have been a causal factor in the collision or accident that occurred.  
  • The incident caused by negligence must have resulted in damages. 

As for what types of damages one may list in a personal injury claim, Pennsylvania law allows plaintiffs to receive financial recovery for physical injuries, economic distress caused by loss of wages during recovery, property damage and emotional trauma.  

Getting the care you need following personal injury in Pennsylvania

If you’re involved in a motor vehicle collision or an accident of some sort, such as tripping and falling in a department store, it is imperative that you seek medical attention right away. Not only does this help diagnose your injuries, it also documents the incident. If you later decide to file a personal injury claim, the documentation on record at the hospital will be relevant to your case.  

There is no reason why you should carry the full financial burden associated with your injuries when the incident was preventable were it not for another person’s negligence. Pennsylvania law states that you have a right to compensation for damages if you can prove that the elements of negligence were present at the time of the accident. 

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