If you are injured because of a traffic accident, dog bite, fall, defective product, medical malpractice, or other personal injury accident, Pennsylvania’s personal injury laws allow you to recover compensation from the party who caused your injury. However, you must prove that the person or party caused the injury to recover compensation for damages. Hiring an experienced Erie personal injury lawyer to conduct an investigation to identify the liable party and gather evidence to prove fault is crucial to recovering a fair and just amount for your injury claim.
Elements of Negligence
If you suffered an injury caused by another party’s negligence, you will need to prove the elements of negligence. You must have evidence to prove that:
- The party owed you a duty of care. For instance, a driver owes a duty of care to others to operate the vehicle safely and obey traffic laws. A property owner owes a duty of care to visitors to maintain the property to avoid injury. Doctors and medical providers owe a duty of care to their patients not to cause harm.
- There was a breach of the duty of care. A breach occurs when the party fails to act in a manner that is consistent with the way a reasonable person would act, such as a driver who drives the wrong way down the street or a property owner who fails to repair broken steps.
- The breach of duty caused your injury. There must be a causal relationship between the breach and your injury. For instance, you fell because the stairs were broken or the vehicle going the wrong way crashed into your vehicle.
- You suffered damages because of the breach of duty. Damages may include physical injuries, medical bills, lost wages, property damage, pain, and suffering.
Using Evidence to Prove Negligence and Liability
To recover compensation for a personal injury claim, you must have evidence to prove the elements of negligence and the extent of your damages. The evidence required may vary depending on the type of case and the factors in your case. Evidence in a personal injury case may include:
- Police or accident report
- Medical records
- Documentation of missed work and evidence of income
- Evidence from the accident scene such as damage to the vehicles, skid marks, traffic signs, traffic signals, etc. for a car accident and hazardous condition for a slip and fall accident
- Eyewitness statements
- Product, packaging, and instructions for a defective product claim
- Expert witness testimony such as physicians, economists, and accident reconstructionists
Our legal team works diligently to uncover evidence that maximizes the chance of recovering full compensation for all damages. We work closely with your physician to determine your prognosis to include future damages in a demand for settlement or lawsuit.
Contact Our Erie Personal Injury Lawyer for a Free Case Review
If you have been injured, you need to protect your legal rights. We have many years of experience representing accident victims and recovering fair compensation for personal injury claims. Contact The Travis Law Firm at (800) 401-2066 to request a free legal consultation with our Erie injury lawyer.
Brain injuries are common in motor vehicle accidents. When a pedestrian, bicyclists, or occupant of a vehicle is involved in a traffic crash, the impact of the collision can cause the head to collide with another object. Even if a person does not strike his or her head in the accident, the force of the collision can cause the brain to slam into the skull. According to the Mayo Clinic, a violent jolt to the body can also cause a brain injury.
Mild brain injuries typically heal with time and rest. However, severe or traumatic brain injuries (TBI) can have long-term symptoms that impact the person’s ability to work or enjoy life. For some individuals, a TBI may result in seizures, cognitive problems, sensory disorders, or infections. In some cases, accident victims may develop dementia or diseases years or decades after an injury. A recent study has linked TBI to dementia and other diseases.
If you are injured in a motor vehicle accident, slip and fall, or other personal injury accident, one of the first steps you should take is to see a doctor. Regardless of whether you believe you are seriously injured, it is in your best interest to be checked by a physician after an accident.
The symptoms of some accident injuries, such as traumatic brain injuries (TBI), whiplash, and back injuries, may not be noticeable for hours or days after an accident. However, early diagnosis and treatment of accident injuries can improve your chances of recovery and reduce the risk of complications. Therefore, seeking medical treatment after an accidental injury is a prudent step for your health and your accident claim.
If you are injured in an accident, you may be entitled to recover compensation for your injuries if another party caused the injury. By law, when a person or party causes an injury because of negligence or a wrongful act, that party can be held liable for damages resulting from the injury. Examples of personal injury accidents that might give rise to an injury claim include:
A catastrophic injury claim falls under the personal injury laws in Pennsylvania. Even though a catastrophic injury claim falls under the same laws with other injury claims, an injury claim involving a catastrophic injury is different. The main difference is that the victim usually suffers permanently debilitating, life-altering injuries that require a lifetime of personal care and medical care.
For this reason, catastrophic injury claims typically are very high because of the financial costs involved over the course of a lifetime. In addition, these types of injuries tend to lower the victim’s quality of life.
Giving the substantial damages involved in a catastrophic injury claim, you would assume the laws would be slightly different for this type of claim. However, the elements involved in a catastrophic injury claim are not dissimilar from the elements in any other personal injury claim.
You may be wondering if you have a valid personal injury claim and whether you should contact a lawyer. In most cases, when someone injures another person, the law allows the victim to recover compensation for losses, injuries, and damages. However, there are cases in which the victim may not recover damages because of a legal reason. If so, a personal injury attorney may not take the case.
At The Travis Law Firm, we are dedicated to helping injury victims receive the compensation they deserve for their injuries and damages. Our legal team of Erie personal injury lawyers fights for the rights of accident victims against large corporations and powerful insurance companies. If you have questions about your injury claim, we encourage you to contact our office for a free legal consultation, so we can help you understand your legal rights and your options for filing a claim.
Falls and motor vehicle accidents are two of the most common causes of spinal cord injuries. However, falls and traffic accidents are not the only ways you can injure your spine. You can suffer a spinal cord injury while playing sports, participating in a recreational activity, or from a physical assault. Regardless of the cause of the injury, a spinal cord injury can be debilitating.
Damage Caused by a Spinal Cord Injury
The spinal cord is the connection between the brain and all other body parts. The nerves running through the spinal cord are protected by the bones in your spine. These nerves carry messages to and from your brain to the other parts of your body. Any disruption to these nerves can result in catastrophic injuries because the brain is unable to communicate with the rest of the body.
When you are injured in an accident, your first priority is your health and well-being. Regardless of the severity of your injury, it is always best to be seen by a medical professional as soon as possible after any type of injury or accident. In some cases, you could suffer an injury that does not cause symptoms immediately after the injury. However, left untreated, the injury could turn life-threatening or cause additional injuries and damage.
Once the shock of the accident subsides and you have received medical treatment, you begin to realize the other damages caused by the accident. In addition to the physical pain and suffering caused by the injury, you may also suffer emotional, mental, and financial damages. Because the legal system cannot go back in time to stop the accident from occurring, the only way that it can compensate you for your losses is by holding the liable party accountable for negligent acts and awarding a monetary judgment for your damages.
When you are injured in an accident, the accident claim process can be overwhelming. Working with an experienced Erie accident attorney can make the process less stressful. However, you must tell your attorney everything that could potentially impact your accident claim.
Below are several personal details that many people might not believe could impact an accident claim. However, this information could be extremely important, and it could hurt your chances of recovering full compensation if you fail to tell your attorney early in your case.
Erie has been bombarded with snow and ice in the past few weeks with additional winter weather still in the forecast. Given the harsh winter conditions, it is prudent to review some of the basic winter weather safety tips that can help you avoid injury and damage from severe weather conditions.