You Have a Strong Personal Injury Claim If You See These Six Signs
Suffering a personal injury in Pennsylvania can leave one frustrated, confused, and facing substantial medical expenses, among other things. However, under Pennsylvania personal injury law, the injured person may recover some compensation for their losses.
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It can be difficult to know immediately whether one is entitled to compensation. Speaking to attorney Rich Godshall of Ostroff Godshall Injury and Accident Lawyers can help. Therefore, we will discuss six signs that you have a solid personal injury claim in Pennsylvania.
You Can Prove the Breach of the Duty of Care
To win a negligence claim in Pennsylvania, you must prove that the defendant owed you a duty of care. More than that, you must show that they breached that duty by being negligent, thus causing you harm.
For example, let us say a doctor's friend gave you a wrong opinion about a symptom you have been having. There is no duty of care in this case; therefore, you cannot file a medical liability claim.
You Suffered Severe Injuries
If the accident left you with severe injuries, you have a strong case, provided you can prove it in court. You must have strong evidence, such as treatment costs and medical bills, to prove the severity of your injuries.
These pieces of evidence are non-negotiable if you want to win the case because many take undue advantage of the legal system. However, proving your injuries in court should be easy if they are genuinely severe.
You Suffered Personal Damages
If the accident you were involved in left you with personal damages, you have a strong injury case. After all, the primary purpose of personal injury claims is to recover compensation for losses incurred.
If you prove you suffered personal damages, the court may penalize the at-fault party and ask them to pay damages. Meanwhile, they will compensate for both financial and emotional losses. However, Pennsylvania has no grounds for personal injury claims if you have not experienced any damage.
The At-Fault Party Admitted Their Fault
Although rare, sometimes defendants admit guilt during negotiations between plaintiffs and defendants before litigation. Admission of guilt, whether by the plaintiff or defendant, is a lethal, highly effective weapon to use in court.
Take, for example, you got injured in a parking lot, and while going to the hospital, the parking lot owner apologized. They apologized right after explaining that the injury was caused by an oil spill on the floor. If the case gets to that, you can use this as vital evidence to prove the defendant's fault in court.
You Have Photographic Evidence
Photographic evidence with smartphones and CCTV provide real-time accident capture, giving more substantial proof than even eyewitness evidence can. If a camera recorded your mishap on video or you have any other photographic evidence to back up your allegations.
Your ability to use available evidence to demonstrate the defendant's carelessness can help prove that you have a strong personal injury claim.
You may have a solid personal injury claim once you can use the evidence to demonstrate the defendant's carelessness.
You Avoided Costly Mistakes
Specific seemingly harmless actions, such as talking about it on social media, can cost you your injury case. Also, mistakes such as failing to get medical care immediately after the accident and admitting fault to insurers are expensive. However, if you do not make any of these mistakes, your case is as good as solid, especially if you have a competent lawyer.
Conclusion
If you're unsure whether you have a valid personal injury claim, consulting a Pennsylvania personal injury attorney can provide clarity. An attorney evaluates your case, determines liability, and helps gather essential evidence. Legal representation increases your chances of securing fair compensation for medical bills, lost wages, and pain and suffering. Insurance companies often try to minimize payouts, but an experienced lawyer negotiates aggressively on your behalf. Seeking legal guidance early ensures you take the right steps toward a successful claim.