Personal Injury Lawyers Serving Accident Victims For Over 50 Years

How Do I Know If I Have a Case for an Injury Lawsuit?

To pursue a personal injury claim, two key elements are required:

1. A breach of legal duty between the one doing the wrong (the defendant) and the person injured (the plaintiff) and
2. Damages that occur because of that breach.

When all elements take place, a personal injury accident, or tort, has occurred. Nevertheless, every situation is different and it is important to discuss the details of your potential case with an experienced personal injury firm.

When will a Defendant be Liable to Pay Damages?

Liability for a personal injury accident can be caused by negligence, intentional acts or under a unique theory called “strict liability.”

1. Personal Injury Negligence: A negligent act occurs when someone fails to take appropriate action and you are harmed as a result of that failure. For example, negligence occurs if someone fails to stop at a red light and proceeds through an intersection and hits your car.
2. Intentional Act: An intentional act occurs when the person committing the act wants to engage in the conduct. For example, an intentional act is committed if someone takes a baseball bat and intentionally hits you with it.
3. Strict Liability:  Strict liability means that there is a responsibility to others whether or not unreasonable conduct was involved: For example:
   1. Product liability is a common example of when strict liability may apply. Manufacturers are charged with the responsibility of assuring that their product is safe when used as directed. If someone is injured by a product, under the terms of strict liability the injured party does not have to prove intent or negligence, only that the product was defective through no fault of their own, and that harm was done.
   2. Many states have statutes that hold dog owners strictly liable if their dog bites someone without provocation.

Damages in a Personal Injury Settlement or Case

Personal injury law is the mechanism for determining who is in the wrong, or in other words, who is “liable,” and what the liable person should have to pay for the damages caused.

Once a personal injury has occurred, the defendant has a liability to make good the damage done.  “Damages” are what is owed to you to compensate you for your loss. Damages can be agreed upon by you and the injuring party through a personal injury settlement without the need to go to trial or file an injury lawsuit. However, the damages offered to you may not fully compensate you for your loss, especially if you have suffered a physical injury accident and have not been able to work. Hiring a personal injury lawyer ensures that you are treated fairly through this process.

“Punitive damages” are awarded to punish the defendant, rather than to compensate for a specific loss.  They are typically awarded when the action of the defendant was intentional or grossly negligent. There is also a public interest in punitive damages to dissuade like defendants from committing similar acts in the future.

You can learn more about the outcomes of previous personal injury cases from the past 3 decades on the Bureau of Justice Statistics website.

What are the Practice Areas of Personal Injury Law?

There are many different kinds of personal injury lawsuits.  Some of the most common include:

• Motor Vehicle Accidents - Auto accidents, truck accidents and motorcycle accidents are among the most common personal injury cases.
• Medical Malpractice - Medical treatment errors, mistakes in medical records and negligent medical care often lead to serious injury and a personal injury lawsuit.
• Slip and Fall Accidents - When a person is injured by slipping or falling due to dangerous conditions like wet floors or hidden hazards, it may be possible to bring a premises liability case against the property owner. 
• Wrongful Death - When someone causes the death of another person, by action or by failure to act, the victim’s family or estate may bring a wrongful death action to collect damages on their behalf.
• Traumatic Brain Injuries - Traumatic brain injuries are a leading cause of death and injury in the United States, and are often the basis for personal injury lawsuits.
• Product Liability - If one is injured while using a defective product, it may be possible to sue for damages. Manufacturers, wholesalers and retailers are often held to a standard of strict liability. 

Get a Free Consultation from a  Personal Injury Law Firm

If you are the victim of a personal injury, there are several things you can do to help yourself. First and foremost, make sure that you seek proper medical attention and that you follow up with the proper authorities and your own insurance company. You should be cooperative with the police, your treating medical professionals and your own insurance company, but be careful about discussing your case with anyone else before contacting a personal injury attorney.

If you believe your personal injury accident was caused by someone else’s carelessness, negligence, recklessness, or intentional actions, call The Rothenberg Law Firm LLP at 1-800-624-8888  or submit an online questionnaire for a free case evaluation. The initial consultation for your personal injury claim is always free of charge. If we agree to handle your case, we will work on a contingency fee basis. This means we get paid for our services only if there is a monetary recovery of funds.

We have personal injury law firm offices in  Pennsylvania  |  New York  |  New Jersey

In many cases, an injury lawsuit must be filed before an impending expiration date, known as a Statute of Limitations. Therefore, it is essential to call right away to ensure that you do not waive your right to possible compensation.

It is impossible to make generalizations about the value of any car accident case without knowing the details of the injuries and how the accident took place. The law allows recovery for a wide range of situations, many of which may not be readily apparent to the injured party. This includes past medical bills, future medical and rehabilitation costs, therapy, lost past wages, lost future income, pain and suffering, and more. An experienced personal injury attorney will fight to obtain money for you to compensate you for all of your damages, past, and future.