We Do What We Say We'll Do
At Luxenberg Garbett Kelly & George, we know what it’s like when you’ve been severely injured due to the negligent or wrongful conduct of another. Since 1933, our firm has represented the rights of individuals and families throughout Western Pennsylvania who have suffered the devastating effects of life-altering injuries and tragic accidents. We understand the challenges you are facing, and we know how to help.
Our Ellwood City personal injury lawyers are committed to going above and beyond for their clients. We take the time to truly get to know you, learn what you have been through, and determine how we can help you fight for the justice you deserve. As your legal team, we will do everything possible to maximize your recovery, helping you secure the monetary resources you need to heal. At LGKG, we don’t just say that we care—we prove it with our actions and our willingness to go the extra mile.
Proving Liability in Your Personal Injury Case
To have a personal injury case, you must prove that the person or party against whom you are bringing the claim (known as the defendant) is responsible, or liable, for your injuries and resulting damages. Often, this involves proving that the defendant acted negligently or wrongfully in some way.
To prove liability, you will typically need to prove the following:
- The defendant owed you a duty of care, meaning they had a legal responsibility to act in a certain manner or avoid certain actions that could cause foreseeable injury
- The defendant failed to uphold this duty of care, typically by acting negligently, carelessly, recklessly, wrongfully, or even intentionally
- You were actually injured and suffered measurable damages, or economic and/or non-economic losses related to your injury
- The defendant’s negligent or wrongful actions or inactions were the direct or proximate cause of your injury and resulting damages
Note that, because Pennsylvania is a no-fault car accident state, you do not necessarily need to prove that another driver was liable to receive compensation following an auto accident. However, if you wish to go outside the no-fault system and pursue a third-party claim against a negligent motorist, you will need to prove that he or she is liable for your damages, as well as meet other requirements.
Regardless of the type of case you have or its complexity, you can rely on the Luxenberg Garbett Kelly & George team to help you understand your rights and legal options. We conduct exhaustive investigations with the help of industry experts, such as accident reconstructionists and medical professionals, to identify exactly what happened and who is liable for our clients’ damages. Armed with this information, we develop powerful cases and aggressively pursue maximum compensation, including full and fair recovery for our clients’ medical expenses, future care costs, lost income, lost earning ability, pain and suffering, diminished quality of life, and more.
Can You File a Personal Injury Claim If You Were Partly at Fault?
If the insurance adjuster or court finds you partly at fault for the incident that caused your injury, you could still be entitled to file a personal injury claim and recover compensation for your damages. However, you must be no more than 50 percent at fault. If you are more at fault than the other party, you cannot file a claim and will not have any right to sue for damages under Pennsylvania’s rule of modified comparative negligence.
Additionally, you should know that the amount you can recover in compensation will be reduced if you are found to be partly at fault, even if your degree of fault is 50 percent or less. In Pennsylvania, when someone shares some degree of fault in an accident or injury-causing event, their recovery is reduced by their percentage of fault. So, if the insurance adjuster and/or court assigns you 30 percent of the blame, your recovery will be reduced by 30 percent, meaning you can only recover 70 percent of the amount you are seeking in damages.
For example, say you were hit by a distracted driver and suffered severe injuries that left you hospitalized for weeks, you might end up with $100,000 in total damages. However, the insurance adjuster argues that you were speeding at the time of the crash and are, therefore, 40 percent to blame. This means that, if the court agrees with the insurance adjuster’s assessment, the amount you can recover will be reduced by 40 percent; in other words, you could only recover $60,000 of the $100,000 you are seeking.
Clearly, depending on the specifics of your situation, being found partly at fault could mean a difference in tens of thousands of dollars recovered. We strongly recommend that you work with an experienced personal injury lawyer, like ours at Luxenberg Garbett Kelly & George, who can protect your rights and stand up to the insurance company.
What Is the Personal Injury Statute of Limitations in Pennsylvania?
In Pennsylvania, the statute of limitations, or filing deadline, for personal injury lawsuits is two years from the date of injury. In wrongful death cases, the two years begin on the date of death. In other instances when an injury is not immediately “discoverable,” meaning the victim did not and/or could not know that they were injured for a certain period of time, the two years begin on the date of discovery or the date on which the victim reasonably could have discovered the injury.
There are some important exceptions to the two-year statute of limitations, including cases involving injured children, government agencies, and more. However, in most cases, you have just two years to file your personal injury lawsuit, or you will lose your right to sue for damages.
Do You Have to Hire a Personal Injury Lawyer?
While there is no law requiring you to hire a personal injury attorney, it is always a good idea to work with a legal professional. Numerous studies have found that people who work with personal injury attorneys are significantly more likely to receive better settlements than those who resolve their claims on their own. This is because insurance companies know that attorneys understand the law and are aware of what their clients’ claims are really worth.
Insurance companies know that Luxenberg Garbett Kelly & George is not afraid to go to trial if that is what it takes to recover a fair monetary award for our clients. Between our aggressive approach to litigation and our track record of success, insurance companies are often more likely to settle our clients’ claims rather than go to court. No matter what, you can rely on our Ellwood City personal injury attorneys to advocate for you and your rights, even if that means trying your case to verdict.
There is no risk and no cost in speaking to a member of our legal team about your potential case. We offer free initial consultations and do not collect any attorney fees or litigation-related costs unless we recover a settlement or verdict on your behalf.
We've been designated Pennsylvania Super Lawyers for over 15 years, and we have Martindale-Hubbell’s highest rating for legal ability and ethics as determined by peers in the legal community.
We have been a staple in this community for over 80 years representing our friends and neighbors.
ResultsWe have recovered over $200 million in verdicts and settlements for our clients.
IntegrityAt LGKG, we do what we say we are going to do. Earning your trust is paramount to us, and we've been keeping our promises for over 80 years.
ExperienceOur team has over 100 years of combined legal experience.
CommitmentAt LGKG, it's not about us, it's about you.
Your Success Is Our Success
I would highly recommendPatricia S.
Best experience ever.Chelsea G.
Total FaithJames N.