What is negligence?
Negligence is the lack of ordinary or due care, or more simply, careless conduct. With respect to its legal definition, negligence is established by proof of:
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the existence of a legal duty to use care;
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the failure to exercise the degree of care demanded by the circumstances; and
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harm that is legally and actually caused by the breach of that duty.
What is the time limit for filing a personal injury claim in Pennsylvania?
Statutes of limitations vary from state to state. In Pennsylvania, personal injury actions, products liability lawsuits, and medical malpractice actions must be filed within two years after the date of the occurrence giving rise to the injury.
What if the accident was partially my fault?
In some states, the injury victim is completely barred from recovery if he or she was partially at fault. This is called "contributory negligence." However, Pennsylvania follows a modified "comparative fault" rule, which means that unless you are more than 50% at fault for the accident, you will still be able to recover the value of your case reduced by the percentage of fault due to your own negligence. If the accident was more than 50% your fault, you are barred from recovery.
What compensation may I claim for my personal injury?
Personal injury victims generally are entitled to recover damages for all losses and expenses they incur because of an accident. Such compensation may include recovery for:
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medical bills;
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lost wages, including overtime;
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pain and suffering;
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physical and/or mental disability;
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disfigurement and permanent scars;
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emotional trauma;
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loss of love and affection; and
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other expenses related to the injury.
What if I am injured on someone else’s property?
The owners and tenants of residential, business, or government properties may be responsible for injuries that occur on their premises due to negligence or lack of proper maintenance. Such accidents are sometimes referred to as "slip and fall" injuries. Liability in a slip and fall generally depends on the circumstances of the case, such as who owns the property and whether the injured is a business customer. Depending on who is in control of the premises, usually either the premises owner or the tenant will be held responsible.
What is medical malpractice?
Medical malpractice is defined as a negligent act or omission by a doctor, nurse or other medical practitioner that causes harm to a patient. Negligence can also arise because of an error in diagnosis or treatment. Hospitals and other medical facilities may also be liable for medical malpractice for improper care, such as problems with medications and nursing care.
How does consent affect a medical malpractice case?
The most common affirmative defense in a medical malpractice action is that of consent. In order for consent to apply as a defense, the defendant must show that the patient was made aware of all risks involved in a procedure. Generally, this is done by having patients sign consent forms that include warnings regarding the procedure before they receive treatment. A consent form is valid only if it is complete and only if the physician fully informed the patient of the risks.
Resource Links
LexisNexis Torts Law Web Center:
http:///law.lexisnexis.com/practiceareas/torts
National Safety Council's Fact Sheet Library:
http://www2.nsc.org/library/facts.htm
Consumer Product Safety Commission:
http://www.cpsc.gov/
American Bar Association's Division of Public Education – Personal Injury:
http://www.abanet.org/publiced/practical/personalinjury.html
National Safety Council's Fact Sheet Library:
http://www2.nsc.org/library/facts.htm
National Highway Traffic Safety Administration's Office of Defects Investigations – Defects & Recalls:
http://www-odi.nhtsa.dot.gov/cars/problems/recalls/recallsearch.cfm