Types of Personal Injury Cases in Pennsylvania
July 24, 2020
In Pennsylvania, personal injury cases are common but can be complicated. Read this brief primer on the sorts of possible personal injury cases to get a better sense of what a personal injury claim can look like. While not all-encompassing, this list includes some of the more common personal injury claims in Pennsylvania.
Many personal injury claims arise out of motor vehicle collisions involving automobiles, motorcycles, bicycles and/or large commercial vehicles. Pennsylvania insurance laws provide medical coverage for injured motorists and passengers but for pain and suffering claims you must look to the person who caused your injury.
Unfortunately, in these situations, it is common for the person to be seriously or critically injured, and in some situations, death. Depending on the factual circumstances, those involved in motorcycle accidents should usually involve an attorney considering the increased problems. Finally, for pedestrians injured by a person driving a vehicle, personal injury claims can be available as well.
Slip and Fall
Many personal injury claims occur after the pedestrian slips and falls in any number of locations. For example, a person who slips and falls from an oil spill at a gas station or cracks in the sidewalk has the option of suing the person who owns or maintains the property.
Generally, this type of claim is called a Premises Liability claim when a person is injured on the property of another. However, this broader umbrella category includes situations when a person does not slip and fall but is injured by other means.
These personal injury claims occur when a person is harmed by a healthcare professional’s avoidable error. Though most of these claims occur after a medical procedure, usually exemplified in media portrayals by a doctor leaving a medical instrument in another person’s body during a medical procedure, it does not have to be quite so dramatic. Medical malpractice suits can also occur from less-obvious errors such as medication mistakes.
These personal injury claims occur when a defective product injures the user. The defective or dangerous product is most typically seen when the product is designed poorly, manufactured mistakenly, or does not have the requisite instructions or warnings on the product itself.
In Pennsylvania, a specific statute makes dog owners strictly liable for their pets, meaning they are responsible for any personal injury caused by their pets. This legal obligation to prevent their dog from attacking or biting another is one of the most obvious personal injury claims in Pennsylvania.
When another persons’ negligence causes an accident, which leads to the death of another person, a wrongful death claim is possible. This type of personal injury claim compensates loved ones of the deceased person, such as a spouse or children, to attempt to compensate for their loss. As an added twist, Pennsylvania’s Constitution eliminates a maximum amount of damages recoverable involving death. In other words, in Pennsylvania, there are no monetary caps on injuries or death.
As our population gets older, more and more Pennsylvania residents enter nursing or long-term care facilities. Unfortunately, many of the places do not have sufficient staff or sufficiently trained staff to care for residents. This often results in injuries resulting from neglect. These cases are more common and are compensable.
Contact us here to schedule a consultation with Kim A. Bodnar, Attorney at Law in our Pittsburgh office.
NOTE: This is for informational purposes only and does not constitute legal advice.
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