Are you the victim of an injury? If you have been hurt in an accident due to the negligence or fault of another, you may be starting to ask questions about your rights, and if you’re eligible for a personal injury settlement.
What should you do if you have been injured? How does the legal process work? Do you have a case, and will you be fairly compensated for your injuries? At this point, it may seem daunting to consider discussing your situation with an attorney. Most likely you are recovering from your injury and may be feeling alone, confused, and even scared. First and foremost, you do not have to try to figure everything out on your own. The experts at Donaghue & Labrum are an excellent resource and are readily available for a complementary consultation.
We have compiled a list of frequently asked questions that give a basic understanding of the legal process and point the way towards receiving the personal injury settlement you deserve.
What Is the Most Important Step To Take After an Injury?
After an injury, it is critical that you do everything you can to heal and recover. As the victim, though you are not at fault for your injuries, you are nevertheless responsible for healing going forward.
You should see a doctor to ensure that you get the best possible care. In addition to aiding your recovery, your doctor will record your injuries and any recommended treatments, medications, or surgeries. It is important that you follow your doctor’s advice and mitigate the suffering resulting from your injury — for your well-being and for the success of your case. Similarly, if your injury has caused you to lose your job, you should take reasonable steps to obtain a new job when possible, or seek training if your old line of work is no longer viable.
How Will My Personal Injury Attorney Handle My Case?
After meeting with your personal injury lawyers, they will begin to investigate your claim. They will require witness statements, police reports, and an overview of the incident that might involve a visit to the accident site. The attorneys will need access to medical records and will have you make a statement as well. This will allow your team to begin to determine who was at fault and what type of compensation you may be entitled to.
How Much Is My Case Worth? Is There a Minimum/Maximum Settlement Amount in Pennsylvania?
Unfortunately, it is nearly impossible to determine the value of a particular case until it has been adequately investigated and the victim has recovered as fully as possible. The value is related to:
- Medical costs and bills associated with the injury
- Losses related to income and employment due to the injury
- Permanent damages or disfigurement cause by the incident
There are no minimum or maximum personal injury settlement amounts for cases in Pennsylvania. The only cap on settlement relates to “punitive damages,” which refers to payments ordered by the court to be made by the defendant to deter him or her from causing similar injuries to other parties in the future. However, there is a two year statute of limitation in PA to take legal action on your personal injury case.
What Will Be Included in the Personal Injury Settlement?
Depending on the type of case and injury involved, your personal injury settlement could include compensation for the following:
- Medical bills
- Lost wages
- Lost income
- Property damages
- Reparations for any specific monetary loss you incurred because of your injury
In addition, you could receive compensation for pain and suffering, loss of quality of life, loss of companionship, and other subjective damages.
How Do I Collect My Personal Injury Settlement?
If you and your attorney have been negotiating with an insurance company, it is likely that the insurance company will write you a check for the settlement amount. You will be required to sign a release that states that you no longer have the right to sue the defendant or the insurance company for the event that caused the injury. If you and the defendant can’t come to an agreement on the settlement amount, your case may end up going to court.
If the defendant in the case did not carry insurance and has few assets, receiving your personal injury settlement will be more complicated. Usually a lawyer will refrain from settling a case against a person with no insurance because it is often impossible to obtain money from someone who has no way to pay.
Who Is the Best Personal Injury Lawyer for My Case?
Our attorneys at Donaghue & Labrum have over 50 years of combined experience in the field of personal injury law. We specialize in medical malpractice, car accidents, product liability, slip and falls, and wrongful death, as well as many other types of personal injury cases.
If you have suffered an injury, you want an attorney with a proven track record that can get results. We always strive to serve our client’s best interests with compassion, and our number one goal is to get you the compensation you deserve. We are proud of the settlements we have won for our clients and will stand by your side throughout the entire legal process.
With convenient offices close to the courts in Delaware and Chester counties, we have proudly served the Greater Philadelphia area for over 25 years. If you have been injured in an accident, your next step should be to call Donaghue & Labrum. Do not hesitate. Waiting too long can complicate the case and can result in exceeding the statute of limitations. Make an appointment for your free consultation today, and be on your way to a fair and satisfying resolution of your case.