No matter how diligent you are, getting ahead of someone else’s negligence is impossible. That negligence can see you fall victim to car accidents, slips and falls, and even product liability accidents. What are you meant to do in the face of injuries sustained because of someone else’s flippancy?
Every state in the union allows you to file a claim against the person or party you think is responsible for your accident. When do you know, though, if you have a personal injury case on your hands or when you may be overreacting? That’s a question best posed to the personal injury lawyers with Rand Spear.
What Is a Personal Injury Case?
Personal injury cases include accidents that allegedly stem from another party’s negligence. With that in mind, the personal injury cases that Rand Spear tackles in Pennsylvania include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Related vehicle accidents
- Slips and falls
- Brain and spinal cord injuries
- Product liability accidents
- Workplace accidents
- Dog bites
If you’re in an accident that doesn’t fall into one of these neat categories, don’t panic. You may still have the right to a civil case. Schedule a case consultation with a Pennsylvania personal injury lawyer and discuss what conditions you think led to your accident. If we can bring forward evidence of negligence in civil court, you can argue for compensation.
How do You Prove Your Right to a Personal Injury Case?
Pennsylvania civil courts forward personal injury cases when accident survivors indicate another party could have prevented the accident. Negligence tends to serve as the common cause of the aforementioned types of personal injury accidents.
That said, accident survivors also have the right to take civil action against an offending party if they believe said party deliberately endangered them or otherwise engaged in reckless behavior.
Civil cases addressing deliberate negligence often see Pennsylvania’s prosecutors initiate criminal cases against offending parties. These criminal lawsuits can benefit civil prosecutors, as a criminal conviction can prove negligence in civil cases.
What Is a Duty of Care?
When you first bring your losses to the attention of our personal injury attorneys, we can investigate your accident to determine if an allegedly-liable party violated the duty of care owed to you. What is a duty of care, and how does it contribute to your case?
Each person owes the people around them a duty of care. That duty dictates that everyone is responsible for behaving reasonably while on the road, out in public, managing property, etc. Similarly, each person must take reasonable measures to protect the people around them from harm.
Someone who violates the duty of care they owe another party can be held liable for negligence in civil court. As an accident survivor, you can assert that the person in question either deliberately failed to uphold the duty of care owed to you or was otherwise distracted to the point where they could no longer reasonably respond to a threat to your person.
What Evidence Can You Use to Prove Accident Liability?
If you want to pursue a civil claim in the face of violated duty of care, you must do more than assert that someone else is responsible for your accident. You need to bring forward proof that a particular person or party violated the duty of care owed to you. To do so, you must indicate that:
- You were in such a position as to deserve reasonable protection from a particular party
- That particular party displayed signs of negligence or deliberate indifference to your well-being
- The negligence above or indifference resulted in your accident
- Your accident had and continues to have an economic impact on your life
The evidence you bring forward to assert these points can vary depending on the nature of your accident. For example, if you were recently in a car accident, you may have the means to request streetlight footage of your accident. That evidence isn’t as relevant in a product liability claim.
Fortunately, you can count on our personal injury attorneys to determine what forms of evidence may be most relevant to your case. We can wrangle bystanders, connect with expert witnesses, and gather the physical debris needed to prove that you were owed a duty of care and subsequently saw that duty violated.
When Should You Reach Out to a Personal Injury Attorney?
You do not have to file a personal injury case in civil court forever, according to Pa. Cons. Stat. § 5542, the state caps your actionable time at two years. If you try to bring a personal injury claim forward after your statute of limitations expires, Pennsylvania courts have the right to dismiss your request for consideration.
Do You Need a Personal Injury Attorney to File a Civil Claim on Your Behalf?
Generally, you don’t need a personal injury attorney to help you file a case against an offending party. You can investigate the laws relevant to your case and represent your best interests in either settlement negotiations or a traditional trial.
That said, doing so while you’re also contending with severe injuries and strained finances can add a lot of stress to your plate. When you work with an attorney, you can focus on recovering from your accident. At the same time, our attorneys can use our experience with Pennsylvania’s tight filing deadlines and legal system on your behalf.
If you’re not sure if you should pursue a personal injury case alongside an experienced attorney, take some time to consider your options. Please schedule a consultation with your area’s personal injury lawyers to discuss their court experience. Should you choose to move forward with an attorney, you can discuss which of their services suits your case best.
You Can Contact a Personal Injury Lawyer to Discuss Your Accident Today
It’s not always easy to determine the specific nature of a personal injury accident or if you’re contending with a personal injury accident at all. While the category of personal injury accidents is substantial, it’s often in your best interest to consult a professional before you begin considering legal action.
With that in mind, don’t hesitate to reach out to Rand Spear in the wake of a severe accident. Our personal injury lawyers can assess the nature of your losses. If it looks like you may have a case, you can count on our team to represent your best interests as we file a claim on your behalf.
Contact us by calling our office or reaching out online today to schedule your case consultation.