Beaver County Personal Injury Attorney

What Is the Statute of Limitations on Personal Injury Cases?

Pennsylvania, like other states, has a statute of limitations governing the filing of personal injury lawsuits. This means you have a limited timeframe within which to initiate your lawsuit. If the statute of limitations expires, your case is likely to be dismissed, and you will lose your right to seek damages.

In Pennsylvania, the following statutes of limitations apply:

• Two years from the date of injury when the injury was immediately discoverable
• Two years from the date of discovering or reasonably should have discovered the injury when it was not immediately discoverable
• Two years from the date of death in wrongful death cases

Exceptions may apply, such as cases involving injuries to children or claims against government officials or agencies. However, it is always advisable to take action sooner rather than later, regardless of the specifics of your case. The earlier you contact our team, the sooner we can investigate your claim, gather evidence on your behalf, and negotiate with the insurance company for a fair settlement.

How Do I Prove That Another Person or Entity Was Negligent?

To prove that another person or entity was negligent, you will need to show that they owed you a duty of care and that they breached that duty. To breach a duty of care means that the defendant failed to act reasonably given the circumstances.

Examples of situations where a person or entity may have breached their duty of care include:

• A driver who runs a red light
• A driver who drives while intoxicated
• A driver who fails to stop at a stop sign
• A driver who hits a pedestrian

If you can show that the defendant breached their duty of care, you will then need to show that the defendant's breach of duty was the cause of your injuries. In other words, you will need to prove that your injuries would not have occurred if the defendant had acted reasonably.

Finally, you will need to prove that you suffered actual damages. If you suffered only emotional trauma or mental anguish, you will not be able to file a personal injury claim. But if you can prove that you suffered physical injuries, such as a traumatic brain injury or a broken bone, you may be able to file a personal injury claim.

What Types of Damages Can Be Recovered in a Personal Injury Case?

The specific damages and overall value of your case depend on various factors, such as the severity of your injuries, the cost of medical care, and the degree of fault, if any. However, most personal injury claimants may be entitled to the following types of compensation:

• Emergency medical expenses
• Hospital and ambulance fees
• Co-pays and medication costs
• Medical devices and equipment
• Surgeries and other treatments
• Ongoing medical care
• Rehabilitation and physical therapy
• Future medical expenses
• Lost income, wages, and benefits
• Loss of future earnings
• Lost or reduced earning capacity
• Pain and suffering
• Emotional distress and trauma
• Costs associated with in-home assistance and care
• Future expenses related to the injury

In addition to these compensatory damages, it may be possible to seek punitive damages in certain cases. These damages aim to punish defendants for gross negligence, willful or wanton conduct leading to injury, or intentional infliction of harm.

At Luxenberg Garbett Kelly & George, we meticulously evaluate our clients' cases to determine the types of damages they may be entitled to and the potential value of their claims. Our goal as your legal team is to recover every penny you are owed, even if it requires taking your case to trial.

Is Pennsylvania a No-Fault Car Insurance State?

Pennsylvania follows a no-fault car insurance system, similar to several other states. Under this system, anyone driving a passenger vehicle in Pennsylvania must carry no-fault insurance, also known as personal injury protection (PIP) insurance. In the event of an accident, injured drivers and passengers can file PIP claims with their own auto insurance providers to receive compensation for certain covered losses.

Unfortunately, PIP insurance does not cover non-economic damages resulting from an accident, such as pain and suffering. Moreover, due to its limited coverage, it often falls short in meeting the full extent of an accident victim's economic damages, including medical expenses and lost wages. In such cases, eligible individuals may have the option to step outside the no-fault system and file a third-party claim against the at-fault driver's insurance company, or even sue the at-fault driver directly for damages. Meeting the state's "serious injury" threshold is usually necessary to pursue this course of action.

If you have been involved in a car accident in Beaver County or the surrounding areas, we urge you to contact an experienced and knowledgeable personal injury attorney at Luxenberg Garbett Kelly & George immediately. Our team can review the details of your case and help determine if you have grounds for a third-party claim or lawsuit. We offer free consultations, and we only collect attorney fees if we recover compensation for you.

Contact Our Firm for a Free Consultation

If you have suffered serious injuries or if a loved one has tragically died due to another person's negligence or wrongful conduct, turn to the team at LGKG. We provide highly personalized legal representation driven by a genuine passion for helping individuals and families in our local community. For nearly 100 years, we have been a trusted source of legal guidance and representation for those affected by others' negligence, and we are prepared to fight for you as well.

You pay nothing unless we recover compensation for you. Call (724) 576-8855 or reach out to us online to schedule a free initial consultation today.