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Commonly Asked Questions About Personal Injury Law in Pennsylvania
There is a lot of misinformation about personal injury law in Pennsylvania. Fortunately, you can clear that up by reviewing the answers to these commonly asked questions. Though these answers provide a good starting point to help you understand the law, nothing can replace the expertise of a Pittsburgh, PA, personal injury attorney. If you have any more questions, an attorney will be happy to help you understand the law.
Questions and answers about personal injury law
Pennsylvania personal injury law explains rights and legal proceedings. These laws and guidelines cover everything from the statute of limitations to the burden of proof. Understanding the rules and laws helps people determine if they should move forward with a claim. Take a closer look at the rules that govern personal injury law in Pennsylvania.
What is the statute of limitations?
Pennsylvania Consolidated Statutes Title 42 section 5524 states that injured parties have two years to file a lawsuit for a personal injury claim. Those who want to recover damages must file the claim within this window. If the claimant files suit after the statute of limitations passes, the defendant can file a motion to dismiss. Exceptions to the statute of limitations are rare. Still, injured parties should speak with an attorney to see if they qualify for an extension.
What is modified comparative negligence?
Pennsylvania follows the rule of modified comparative negligence, as explained in Section 7102 of the Pennsylvania General Assembly. According to the law, victims can file a lawsuit and recover damages as long as the fault is not greater than 50 percent. The court reduces the award based on the degree of fault assigned to the plaintiff. For example, assume a plaintiff is awarded $50,000 in damages. However, the court determines the plaintiff is 50 percent at fault. Damages are reduced by half, so the plaintiff receives $25,000.
How can plaintiffs prove personal injury cases?
Personal injury law requires that people meet basic requirements to prove the case. The defendant must have owed the defendant a duty of care, only to breach it. The breach caused the accident or another situation that led to the injury. Also, the person who filed the lawsuit must have suffered damages. Examples of damages include medical bills, lost wages, and pain and suffering. If negligence causes an accident, but no one suffers damages, there is not a case.
Learn more by contacting a personal injury law firm
Now that you know the statute of limitations, modified comparative negligence law, and how to prove fault, you have a better idea of if you have a case. Because personal injury law is so complicated, it is a good idea to speak with a lawyer. Your attorney can answer more questions you have, review the evidence, and go over a legal strategy. Then, you can determine if you wish to move forward with a claim against the negligent party.
For more information or to schedule a consultation with us, call our Pittsburgh office at (412) 804-4048. Call Kim A. Bodnar, Attorney at Law today.
NOTE: This is for informational purposes only and does not constitute legal advice.
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Posted on: April 8, 2021 by Kim Bodnar