Pedestrian Accident Lawyer

The duration of a personal injury lawsuit in Philadelphia can vary depending on the complexity of the case, the severity of the injuries, and whether the case goes to trial. On average, the process can take anywhere from several months to a few years. The timeline generally follows these steps:

1. Initial Consultation and Investigation: This involves meeting with a lawyer, gathering evidence, and building the case, which can take several weeks to months, depending on how quickly evidence is available.
2. Filing the Lawsuit: Once the lawsuit is filed, the defendant is given a certain amount of time to respond (usually 30 days). The pre-trial process starts after that.
3. Discovery Phase: During discovery, both sides exchange evidence and take depositions. This phase can take several months, particularly if there are disputes over evidence or if expert witnesses are involved.
4. Negotiations and Settlement Discussions: Many personal injury cases are resolved through settlement negotiations, which can happen at any point in the process. Settling before trial saves time, but this phase can last from a few months to over a year depending on how willing both parties are to negotiate.
5. Trial (if necessary): If the case doesn’t settle, it will go to trial, which can take several days to weeks. After the trial, it may still take time to receive a final judgment or award.
6. Appeals (if applicable): If either party is dissatisfied with the verdict, they may file an appeal, further extending the process.

An experienced attorney will aim to resolve the case as efficiently as possible while ensuring you receive fair compensation, but the timeline can vary based on the specifics of the case and the legal strategy involved.

‍

Yes, you can still file a personal injury claim in Philadelphia even if you were partially at fault for the accident. Pennsylvania follows a modified comparative negligence rule, which allows injured parties to recover damages as long as they are not more than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example:

• If you are found to be 20% at fault for the accident, your total compensation will be reduced by 20%. So, if you were awarded $100,000, you would receive $80,000 after the reduction.
• If you are 51% or more at fault, you will not be entitled to any compensation. Determining fault can be complicated, which is why having a skilled attorney who understands Pennsylvania’s comparative negligence laws is critical. They can help you navigate this process, gather evidence to minimize your fault, and ensure you receive the maximum compensation possible.

‍

To prove a personal injury claim in Philadelphia, you need to gather strong evidence demonstrating that another party’s negligence caused your injuries. Essential evidence typically includes:

• Medical Records: Detailed documentation of your injuries, treatments, and prognosis is crucial. Medical records prove the extent of your injuries and can link them to the accident.
• Accident Reports: Whether it’s a police report from a car accident or an incident report from a slip and fall, official documentation of the accident helps establish the facts of what happened.
• Witness Statements: If anyone saw the accident occur, their testimony can corroborate your version of events and support your claim of negligence.
• Photographs and Videos: Pictures or videos of the accident scene, your injuries, or any property damage provide visual evidence that can be very persuasive in court or negotiations.
• Expert Testimony: In complex cases, experts such as accident reconstructionist, medical professionals, or vocational experts may be needed to explain the cause of the accident or the impact of your injuries.
• Proof of Financial Losses: Receipts, bills, and pay stubs serve as evidence of the financial losses you’ve suffered, such as medical bills or lost wages. The more thorough and organized your evidence is, the stronger your claim will be. Working with an experienced attorney can help ensure that all relevant evidence is collected and presented effectively.

‍

The value of a personal injury claim in Pennsylvania is based on several factors, all of which are aimed at compensating the victim for their damages. Some key considerations include:

• Medical Expenses: This includes the cost of hospital stays, surgeries, medications, rehabilitation, and any future medical treatment required as a result of the injury.
• Lost Wages and Loss of Earning Capacity: If your injuries cause you to miss work, the claim will include compensation for lost income. If the injury affects your ability to work in the future, the claim can include compensation for loss of earning potential.
• Pain and Suffering: Pennsylvania allows victims to claim damages for both physical pain and emotional suffering caused by the injury. This includes chronic pain, mental anguish, and loss of enjoyment of life.
• Property Damage: In cases such as car accidents, you may also be compensated for any property damage, such as vehicle repair or replacement costs.
• Comparative Negligence: Pennsylvania follows the “comparative negligence” rule, which means that if you are partially at fault for the accident, your compensation may be reduced in proportion to your share of the fault. However, if you are more than 50% responsible, you may not recover any damages.
• Severity and Long-Term Impact: Injuries that result in permanent disability or require long-term care, such as spinal cord injuries, traumatic brain injuries, or severe burns, typically lead to higher compensation due to their lasting impact on your life.

An attorney can evaluate these factors and work with you to estimate a fair settlement based on the unique circumstances of your case.

‍

In Philadelphia, personal injury law covers a wide range of cases involving physical, emotional, or financial harm caused by the negligence or intentional actions of others. Common types of personal injury cases handled in the city include:

• Car Accidents: One of the most common personal injury claims, these can involve collisions between vehicles, pedestrians, or cyclists, often resulting in injuries ranging from minor to severe.
• Slip and Fall Accidents: Property owners in Philadelphia are legally responsible for keeping their premises safe. Slip and fall accidents can happen in places like stores, restaurants, and even private residences due to unsafe conditions such as wet floors or poorly maintained walkways.
• Medical Malpractice: If a healthcare provider in Philadelphia fails to meet the standard of care, patients may suffer injuries due to misdiagnosis, surgical errors, or medication mistakes, giving rise to a malpractice claim.
• Workplace Injuries: Though Pennsylvania’s workers’ compensation system provides benefits for injured workers, certain cases, such as those involving third-party negligence or intentional harm, may allow for a personal injury claim beyond workers’ comp.
• Dog Bites and Animal Attacks: Dog owners are responsible for controlling their pets. If you’ve been bitten or attacked by a dog in Philadelphia, you may be entitled to compensation for medical bills and emotional trauma.
• Product Liability: This involves injuries caused by defective products, whether due to manufacturing errors, design flaws, or insufficient warnings.
• Wrongful Death: If a loved one dies as a result of someone else’s negligence, their family can file a wrongful death claim to seek compensation for medical bills, funeral costs, lost income, and emotional suffering. These cases are all handled with the goal of ensuring victims receive the compensation they deserve for their injuries and losses.

‍

If you’re injured as a pedestrian in Philadelphia, follow these steps to protect your rights and ensure you receive the necessary compensation:

1. Seek Immediate Medical Care: Get medical treatment as soon as possible. Some injuries may not be immediately visible, and prompt medical evaluation is crucial for your health and for documenting your injuries.
2. Report the Accident: If the accident involves a motor vehicle, file a report with the Philadelphia Police Department. The report will document the details of the accident and can be essential for your claim.
3. Collect Evidence: Document the scene of the accident, including the location, damage to vehicles (if applicable), and any visible injuries. Take photos if possible, and gather contact information from witnesses.
4. Identify Responsible Parties: Determine who is responsible for the accident. This could be a driver, a property owner, or another party. Understanding who is at fault will help in pursuing a claim.
5. Notify Your Insurance: If you have insurance coverage that may apply (such as health insurance or uninsured motorist coverage), notify your insurance provider of the accident and your injuries.
6. Consult with an Attorney: Speak with a personal injury attorney who specializes in pedestrian accidents. They can help you understand your rights, assess your case, and guide you through the legal process.
7. Keep Detailed Records: Document all medical treatments, costs, and any impact the injuries have on your daily life. This will support your claim for damages and compensation.
8. Avoid Social Media: Refrain from discussing the accident or your injuries on social media, as this information could be used against you in legal proceedings.

‍

• Statute of Limitations: In Pennsylvania, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased’s death. This is outlined in the Pennsylvania Wrongful Death Act.
• Exceptions: There are some exceptions that may extend or shorten this period, such as if the responsible party was a government entity, in which case shorter deadlines might apply.
• Importance of Timeliness: It is crucial to file your claim within this timeframe to preserve your right to seek compensation. Delays can result in the loss of evidence and weaken your case.
• Consult an Attorney: A wrongful death attorney can provide guidance on the specific deadlines applicable to your case and help ensure that all necessary legal actions are taken in a timely manner.

‍

• Injury or Harm: You must have suffered physical, emotional, or financial harm due to another party's negligence or intentional misconduct. Common injuries include broken bones, head injuries, or emotional distress.
• Negligence: Determine if another party’s negligence caused your injury. Negligence involves a failure to exercise reasonable care, such as a driver running a red light or a property owner failing to maintain safe conditions.
• Causation: Establish a direct link between the negligent behavior and your injury. This means proving that the harm you suffered was a direct result of the other party’s actions.
• Damages: Evaluate the damages you have incurred, such as medical expenses, lost wages, and pain and suffering. You need to quantify these damages to pursue compensation effectively.
• Consult an Attorney: Personal injury lawyers offer free consultations to assess the viability of your case. They can help determine if you have a valid claim based on the specifics of your situation.

Contact your Philadelphia personal injury attorney, John D. Pallante today!