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When someone suffers a personal injury in Pennsylvania due to someone else’s negligence or wrongdoing, the injured person may be able to recover compensation for their damages. The amount of compensation that a person may be entitled to receive in a personal injury case depends on several factors. In this blog post, we will discuss the various factors that determine the value of a personal injury case in Pennsylvania.
Medical Expenses
One of the most significant factors that determine the value of a personal injury case is the amount of medical expenses incurred as a result of the injury. This includes all medical treatment and rehabilitation costs, such as hospitalization, surgery, medication, physical therapy, and other related expenses. The more severe the injury, the higher the medical expenses will be, which will increase the value of the case.
Lost Wages
Another significant factor that determines the value of a personal injury case is the amount of lost wages the injured person incurred due to their injury. This includes any lost income from being unable to work due to the injury. The value of lost wages is calculated based on the injured person’s average weekly earnings, the number of weeks missed due to the injury, and any future loss of earning capacity.
Pain and Suffering
In addition to medical expenses and lost wages, the injured person may be entitled to compensation for pain and suffering caused by the injury. Pain and suffering damages are designed to compensate the injured person for the physical and emotional pain they experienced due to the injury. Pain and suffering damages are difficult to quantify, but experienced personal injury attorneys can provide a range of what similar cases have settled for to establish a starting point.
Permanent Disability
If the injured person has suffered a permanent disability or impairment, they may be entitled to additional compensation. Permanent disability includes any injury that affects the injured person’s ability to work or live their daily life as they did before the injury. Permanent disability damages take into account any future lost wages or medical expenses that the injured person may incur.
Comparative Negligence
Pennsylvania operates under a modified comparative negligence law, meaning that the amount of compensation that the injured person may receive will be reduced by their percentage of fault for the accident. If the injured person is found to be more than 50% responsible for the accident, they will not be entitled to any compensation.
The value of a personal injury case in Pennsylvania depends on several factors, including medical expenses, lost wages, pain and suffering, permanent disability, and comparative negligence. If you have suffered a personal injury due to someone else’s negligence or wrongdoing, it is essential to consult an experienced personal injury attorney who can help you determine the value of your case and advocate on your behalf to obtain the maximum compensation you deserve.
Statute of Limitations
It’s important to note that there is a statute of limitations on personal injury cases in Pennsylvania, which means that the injured person must file their claim within a certain amount of time after the injury occurred. In Pennsylvania, the statute of limitations for personal injury cases is two years from the date of the injury. If the injured person does not file their claim within this timeframe, they may lose their right to compensation.
Settlement vs. Trial
Finally, it’s important to understand that personal injury cases in Pennsylvania can be resolved in one of two ways: settlement or trial. A settlement is a negotiated agreement between the injured person and the responsible party or their insurance company. A trial is a legal proceeding in which a judge or jury determines the outcome of the case. Experienced personal injury attorneys can advise on the pros and cons of each option and work to achieve the best outcome for their clients.
If you’ve been injured in a personal injury case in Pennsylvania, you may be wondering how quickly you can receive the funds you need to cover your medical expenses, lost wages, and other damages. The answer depends on several factors, including the severity of your injuries, the liability of the responsible party, and the legal process involved in resolving your case.
Initial Funds
In some cases, you may be able to receive initial funds shortly after your accident. For example, if you were involved in a car accident, your own auto insurance may provide coverage for your medical expenses and lost wages under your personal injury protection (PIP) coverage. This coverage is typically available regardless of who was at fault for the accident.
Additionally, if the responsible party has liability insurance, their insurance company may offer you a settlement shortly after the accident to cover your initial medical expenses and lost wages. However, these initial settlement offers are often low and may not fully compensate you for your damages.
Settlement
If you choose to settle your personal injury case, you may be able to receive a settlement check within a few weeks or months, depending on the complexity of your case and the negotiation process. Settlements are negotiated between your attorney and the responsible party or their insurance company, and you will need to sign a release of liability before receiving the settlement funds.
Trial
If your personal injury case goes to trial, the timeline for receiving funds can be longer. Trials can take several months or even years to complete, and you may not receive any compensation until the trial is over and a judgment or settlement is reached. Even then, the responsible party may choose to appeal the judgment, which can further delay the process.
The timeline for receiving funds in a Pennsylvania personal injury case depends on several factors, including the severity of your injuries, the liability of the responsible party, and the legal process involved in resolving your case. While initial funds may be available shortly after your accident, receiving a full and fair settlement or judgment may take several months or even years. It’s important to work with an experienced personal injury attorney who can help you navigate the legal process and work to obtain the compensation you deserve as quickly as possible. Give us a call at Fast Funds today for a free consultation.