Personal Injury (Accidents)

The following is intended to provide helpful information about personal injury (accident) claims. The discussion is general, and exceptions apply. It is meant only to give a sense of this legal area, not to be exhaustive. Consult an attorney for details pertaining to your situation. Do not rely on this information alone, as your situation is unique from any other. This firm waives any liability resulting from your relying on the information provided. Again, simply consult an attorney for a proper handling of your case.

What is personal injury?

"Personal injury" is a term that we hear in the news, in conversation, and in lawyer advertisements. It refers to a particular kind of legal claim. When you are hurt in an accident caused by someone else (for example, a car accident), you might bring a personal injury claim against him or her. You would be trying to recover for your injuries.

Why does it exist?

Suppose that John smashes his car into yours. Your car is severely dented, and your leg is broken. You are rushed to the hospital, where you receive X-rays and a cast for your leg. During the next several months, you miss some work and you are required to visit a physical therapist twice a week. Your car is in the shop for about a month, getting repaired. What can the Court do for you? After all, you did not cause the car accident. Yet, your car was damaged, and you lost some earnings from work. You also had the physical pain of a broken leg. Going to the hospital and physical therapist has been inconvenient and irritating.

The Court cannot reverse the clock and ensure John's vehicle misses yours. Sending John to jail is not particularly useful for getting the car fixed or paying medical bills. Instead, the Court can try to make you whole again -- that is, try to put you in the same condition as before the accident. The Court does this by making John pay you money. With that money, you can get your car fixed, and have the money from missing work. That money can also pay the medical bills. Thus, you are allowed to bring a personal injury claim so that you can be made whole again.

What can you get?

Under personal injury law, you can get money for various damages to you. You can get money for property damage -- for example, money to fix your vehicle. If you miss work as a result of your physical injuries and your employer does not pay you, you can request lost wages. You can seek money for unpaid medical bills. What many people do not know is that you can pursue money for your suffering. Think about it: if every time you walk on your broken leg, sharp pain shoots up your back, you should be compensated for this suffering. After all, you would not have had such pain, if the accident never occurred.

The amount you receive for pain and suffering depends on a number of factors. Frequently, the monetary amount increases as the injury becomes more severe. Common sense tells us that someone with a broken disc in his or her back will suffer more pain than someone else with bruises on his or her arm. Someone with a broken disc will have more pain when walking, sitting, and sleeping. That person may also need one or two back surgeries, which are painful. You should speak with a lawyer, to evaluate properly how much you might receive for your suffering.

In what kinds of situations can you recover money?

It is important to realize that you cannot always recover money, just because you were involved in an accident. You probably will not recover, if the accident was your fault. In addition, the other party must be liable. So in evaluating a personal injury claim, you should first ask -- is the other party liable? If so, you can then question -- how much money would I recover? Whether the other party is liable can get complicated. A lawyer can assist you in answering this question. For example, you might be shopping at your local grocery store. Suppose you slip on some honey, which spilled on the floor. You fall on the floor strangely and break your arm. Will you automatically recover money from the grocery store? Probably not automatically. In Pennsylvania, you would need to prove at least a couple things: for example, that the grocery store knew of the spilled honey, or should have known about it.

You may have a personal injury claim in a variety of situations, such as the following. Someone hits you with a car. You slip on old steps at your apartment, because the landlord failed to fix the steps. Your house catches on fire and you are burned, because the next-door neighbors were reckless in turning off their gas stove. A dog bites you, because the owner was not tending to the dog adequately. A medical doctor fails to run a common test, and as a result you are not given the correct medication. The situations can vary greatly. Usually the common element is that one party injures another party as a result of negligent behavior.

What is the process for recovering?

Usually the party at fault has insurance. For example, the owner of the car crashing into you has car insurance. Or the owner of the dog, which badly bites you, has homeowners insurance. The money you recover generally is paid by the other person's insurance company, not from the other person's pocket. In fact, many people buy insurance for this very purpose -- to cover them if they are at fault in an accident. After an accident, the other party's insurance company will often times contact you. That insurance company will want a statement from you, and will sometimes offer you a small amount of money to settle your claim. If you hire a lawyer, he or she will frequently investigate the accident and your injury, and then try to negotiate a settlement with the insurance company. If that negotiation is unsuccessful, your lawyer will then usually file a lawsuit, so that the insurance company is forced to pay the proper amount to you.

Should I have any concerns about insurance companies?

The short answer is "yes." Insurance companies benefit by paying you as little as possible. Insurance companies, after all, are businesses trying to maximize their profits. Insurance companies get paid money from their policyholders (the premium you pay every month, six months, or year). The less money the insurance company pays out on personal injury claims, the more money it keeps.

Insurance companies use a variety of techniques to minimize payment to you. For example, the other person's insurance company may contact you immediately after the accident and take a recorded statement over the phone. That statement might then be used against you later, when the case is being negotiated. Sometimes an insurance company will offer you immediate money. You receive a check in the mail, along with a document to sign. You sign it and cash the check, perhaps thinking the check was one of many payments from the insurance company. Little did you know that the document you signed released the other person and the insurance company from any responsibility. Moreover, the money offered by the insurance company seems like a lot, so you accept it. Frequently, the amount offered is far less than to what you are entitled. Insurance companies may also keep very quiet about your right to recover for pain and suffering. If you are involved in an accident, you may wish to contact a lawyer immediately, to avoid these and other pitfalls. Many lawyers do not charge you for their services, unless you actually recover money.

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