What Qualifies as Personal Injury?

If you’ve been hurt in an accident, you may wonder whether you qualify for a personal injury claim. You’re likely dealing with pain, stress, and confusion about what your options are and how to move forward. 

The legal concept of “personal injury” can seem overwhelming, but understanding whether your situation qualifies for a claim doesn’t have to be complicated. Don’t be afraid to reach out to a Pennsylvania personal injury lawyer for advice. 

At the Rothenberg Law Firm, we understand how life-changing an injury can be, and we are here to help you determine whether you may have a case for compensation. In our more than 50 years of practice, we’ve seen how legal claims can make a difference in the lives of injury victims. 

Our firm offers a free consultation. During this time, you can talk to us about your accident, the types of cases we handle, and how you can protect your rights if you’ve been injured due to someone else’s negligence. We will evaluate your case honestly and advise you about your options.

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Pennsylvania Personal Injury Guide

• What Is Personal Injury?
• Types of Personal Injury Cases
• What Might Disqualify a Personal Injury Claim?
• Related Claims or Alternatives to Personal Injury
• How a Lawyer Can Help Evaluate Your Case
• Statute of Limitations for Personal Injury Cases
• The Importance of Legal Representation for a Personal Injury Claim
• Get the Help You Deserve: Contact the Rothenberg Law Firm

What Is Personal Injury?

From a legal standpoint, personal injury refers to harm to a person’s body, mind, or emotions caused by another party’s negligence or intentional actions. Unlike damage to property, personal injury claims deal specifically with harm to the individual. 

The key to a personal injury claim is to show that another party was at fault and that their negligence or wrongful actions directly led to your injury. Negligence means that someone fails to take reasonable care to prevent harm, whether by acting carelessly or failing to act when necessary. 

For example, if a driver runs a red light and causes a car crash that leaves you injured, that driver’s negligence may qualify you for a personal injury claim. However, not all accidents automatically lead to claims, so it’s important to understand what kinds of injuries and circumstances might qualify.

Types of Personal Injury Cases

Personal injury law covers many accident types, and a lawyer can help determine if your situation qualifies for a claim. Some of the most common types of personal injury cases we handle include:

Motor Vehicle Accidents

This includes car accidents, truck crashes, motorcycle accidents, pedestrian accidents, bicycle accidents, and even rideshare accidents. You may have a case if another driver’s reckless or distracted behavior caused the crash. The Rothenberg Law Firm handles these cases regularly, particularly in New York, New Jersey, and Pennsylvania, where roadways are often busy and dangerous. Many of these claims require specific knowledge of the law.

• Truck Accidents: Collisions involving large trucks or 18-wheelers can be catastrophic due to the size and weight of these vehicles. If a truck driver or trucking company’s negligence led to the crash, you may have grounds for a personal injury claim. These cases often involve complex regulations, and our firm is experienced in handling them.
• Motorcycle Accidents: Motorcyclists face unique risks on the road, and accidents often result in severe injuries due to the lack of protection. You may be entitled to compensation if another driver’s carelessness caused a motorcycle crash.
• Pedestrian Accidents: Pedestrians are especially vulnerable in accidents involving motor vehicles. If a driver’s negligence—such as failing to yield or driving distracted—led to your injury as a pedestrian, you may have a personal injury claim. A pedestrian may also be injured on another person’s property, which is covered below. This is premises liability, which is a type of personal injury law.
• Bicycle Accidents: Like pedestrians, cyclists have little protection in the event of a crash. Whether due to driver inattention, unsafe road conditions, or failure to share the road, bicycle accidents can result in serious injuries. If you were injured while riding a bicycle, we can help determine if you have a case.
• Rideshare Accidents: Accidents involving rideshare vehicles, such as Uber or Lyft, can present unique legal challenges due to the rideshare company’s insurance involvement. If you were injured while using a rideshare service, whether as a passenger or in a collision involving a rideshare vehicle, you may be able to file a claim against multiple parties.

Slip-and-Fall Accidents

If you’ve been injured on someone else’s property due to dangerous conditions like a wet floor, uneven pavement, or poor lighting, you may be eligible to file a premises liability claim. Property owners are responsible for maintaining safe conditions; when they fail, they can be held accountable.

Medical Malpractice

When a healthcare provider’s negligence results in harm, such as a misdiagnosis, surgical error, or improper treatment, it can qualify as medical malpractice. This area of law is complex and requires an attorney with experience in these types of cases, as proving negligence in a medical setting is particularly challenging.

Product Liability

If a defective product has injured you—whether it’s a car, an appliance, or even a prescription drug—you may have a claim against the manufacturer, distributor, or retailer. Product liability cases aim to hold companies accountable for dangerous products that cause harm to consumers.

Wrongful Death

Losing a loved one due to someone else’s negligence is devastating. If your family has suffered a loss in an accident, medical malpractice, or another tragic incident, you may be able to file a wrongful death claim to seek compensation for funeral costs, lost income, and emotional distress.

What Might Disqualify a Personal Injury Claim?

Not every injury qualifies for a personal injury claim. To be eligible, several key elements must be present:

• Negligence: There must be evidence that someone else’s carelessness or reckless behavior caused your injury. A personal injury claim may not be possible if the injury was truly an accident with no fault involved.
• Causation: You must be able to show that your injuries directly resulted from the negligent actions of another person. It may not qualify as a personal injury case if you cannot establish a clear link between the injury and the negligent behavior.
• Damages: You must have suffered measurable damages to file a personal injury claim. This can include physical injuries, emotional distress, medical bills, lost wages, or property damage. If your injury did not result in any actual harm or loss, there may not be grounds for a claim.

Related Claims or Alternatives to Personal Injury

Even if your situation doesn’t qualify for a personal injury claim, there may be other legal avenues you can explore. For example, workers’ compensation claims are separate from personal injury cases, and if you were hurt on the job, you may need to pursue that type of claim instead. 

Intentional actions (rather than negligent ones) could sometimes lead to criminal charges or civil lawsuits. For instance, if someone assaulted you, that could lead to both a criminal case and a civil lawsuit for damages. 

A lawyer can help assess your case and guide you toward the best course of action.

Contingency Fees

If you decide to hire us, you may be concerned about whether you can afford it. Many people worry about the cost of hiring a lawyer, but most personal injury lawyers, including those at the Rothenberg Law Firm, work on a contingency fee basis. 

This means you don’t have to pay any upfront fees; you only owe legal fees if your lawyer secures compensation for you. This arrangement makes legal help accessible to everyone, allowing you to focus on recovery without worrying about legal costs.

Statute of Limitations for Personal Injury Cases

One of the most important things to consider when filing a personal injury claim is the statute of limitations. This is the legal deadline for bringing a lawsuit, and if you miss this deadline, you may lose your right to compensation—even if you have a strong case. 

The statute of limitations varies by state. In New York, for example, you typically have three years from the date of the injury to file a personal injury lawsuit However, in cases of wrongful death, the statute of limitations may be shorter—usually two years from the date of the victim’s death. Similar timeframes apply in New Jersey and Pennsylvania, but you should talk to an attorney to confirm how the law applies to your case. 

Because time is a critical factor, it’s essential to act quickly. Consulting an attorney as soon as possible after an accident helps ensure that all deadlines are met and evidence is preserved.

The Importance of Legal Representation for a Personal Injury Claim

Attempting to handle the personal injury claim process on your own can be overwhelming. Insurance companies may try to pressure you into accepting a settlement that doesn’t fully cover your losses, and without an attorney, you may not know the full value of your case. 

At the Rothenberg Law Firm, our attorneys are skilled negotiators who will advocate on your behalf and protect your rights every step of the way. Whether you’re dealing with a motor vehicle accident, a slip-and-fall injury, or another type of personal injury, we are committed to helping you secure the compensation you need to move forward.

Personal Injury Laws Vary by State

When it comes to personal injury claims, the laws can differ significantly from state to state. In New York, New Jersey, and Pennsylvania, for example, there are variations in how negligence is handled and how much compensation you can receive. For example:

• In New York, the state follows pure comparative negligence, meaning you can still recover damages even if you are partially at fault for the accident. However, your compensation will be reduced by your percentage of fault.
• New Jersey uses a modified comparative negligence rule, which means you cannot recover compensation if you are found to be more than 50% at fault. If you are 50% or less at fault, your compensation will be reduced based on your level of fault.
• In Pennsylvania, the state also follows a modified comparative negligence rule, but the threshold is 51%. You cannot recover damages if you are more than 51% at fault. However, if you are 51% or less at fault, you can still pursue compensation, but it will be reduced based on your level of responsibility. 

There are also differences in damage caps, with some states limiting the amount you can recover in specific cases, such as medical malpractice or punitive damages. 

These differences highlight the importance of working with a lawyer who knows the specific laws in your state. An experienced attorney at the Rothenberg Law Firm will understand the nuances of your local laws and work to protect your rights to keep your case on track.

Get the Help You Deserve: Contact the Rothenberg Law Firm

If you’ve been injured in an accident and aren’t sure whether you qualify for a personal injury claim, don’t hesitate to reach out to the Rothenberg Law Firm. With over 50 years in business and billions recovered for our clients, we have the experience and dedication to help you pursue the compensation you deserve. 

We have offices in New York City, Brooklyn, Philadelphia, Cherry Hill, Lakewood, Monsey, and Hackensack and serve clients nationwide. Contact us today for a free consultation, and let us help you evaluate your case and protect your rights.

Your health and well-being are too important to leave to chance. If someone else’s negligence has hurt you, we’re here to help. Call us at 800-624-8888 or contact us online to get started.