A personal injury in Edinboro, PA, usually stems from an accident of one kind or another. It is an umbrella term that encompasses many types of accidents ranging from medical malpractice to car, truck and motorcycle crashes, among others. The two things the accidents have in common are that negligence or an intentional act designed to inflict harm occurs, and the injured person suffers financial damages.
Personal Injury Attorneys and How They Can Help
A personal injury attorney is one who fights for the rights of someone harmed in an accident. The attorney helps them obtain damages caused by the accident either through insurance company negotiations or in a civil case filed against the at-fault party.
How Does a Personal Injury Attorney Help an Injured Person?
The negligence and injury that happens in a personal injury accident may seem readily apparent, but in reality, it must be proven. That is where a personal injury lawyer begins. An investigation of the accident is a necessary ingredient for a successful outcome.
Evidence must support that negligence caused the accident. Medical records are usually sufficient for showing physical harm. Other types of documented evidence prove loss of income and pain and suffering.
What Qualifies as a Personal Injury?
It is helpful to examine the different categories of personal injury. Here are three of the most common and consistent categories:
- Accidents: This is the most frequently encountered type of personal injury. It occurs when someone or an entity such as a government agency is negligent. This can involve running a red light at a busy intersection, speeding or providing poor patient care in a malpractice case. Slip and fall accidents are often caused by negligence such as when a wet floor in a grocery is responsible for a fall. In all these examples, carelessness causes harm to the injured party.
- Defective products: This category differs somewhat in that an object that is poorly manufactured or designed causes harm to a person. The manufacturer or designer of the product is responsible for the injury. An example would be when the support structure of a vehicle cannot handle the weight of the car or truck when it overturns. The vehicle frequently crashes down on the occupants, causing serious or deadly injuries. Despite government regulations stipulating the weight the vehicle’s roof and infrastructure must support, manufacturers may not heed the directives, and the passengers are subject to roof crush. The auto manufacturer can be held liable for the injuries.
- Intentional acts: When someone inflicts intentional harm on another person, they can be held liable for the injury and financial damages it causes. An example would be when a person is assaulted. The person who committed the act would be considered responsible.
Standard Elements in an Injury Case
Even though the types of accidents differ widely, certain aspects of a personal injury case are common. For instance:
- A person or entity does or fails to do something that results in injury to another individual. This can range from failing to clean up a slippery floor in a supermarket to disobeying traffic rules. The end result is that careless behavior causes harm.
- Breaking a duty: Everyone has a legal duty of one type or another to someone else. For example, drivers have the duty to drive in a way that ensures safety on the road, doctors are charged with providing an appropriate standard of care and owners of commercial establishments must make sure they are safe for their customers. When this does not happen, the person or party involved breaches their duty to others.
- Settlement: In every civil case, settlement negotiations may occur. This means that many cases are settled before they reach court. Ninety-five percent of all cases follow this route. If negotiations are unsuccessful, the case will move to civil court where a judge or jury will decide the outcome.
How the Travis Law Firm Works for You
We work hard to make sure our clients at the Travis Law Firm receive the compensation they deserve. Our investigators start by examining the accident site, using crash reconstruction and interviewing witnesses. They also use surveillance camera footage to show how and why the accident happened. We interview experts in the field, especially in medical malpractice cases.
When the investigators are finished gathering the evidence, it is used by our personal injury attorneys to build a strong case in our client’s favor. In personal injury cases, the law firm is paid only if their client wins. This type of billing arrangement is called a contingency. Call us to schedule a free case review in Edinboro at (814) 734-6076. You can also contact us online if it is easier for you.