A reckless disregard for the law and the safety of others is the cause of numerous accidents resulting in personal injury – not just on the roadways, but on the job, in places of business, and in your own neighborhood. Thankfully, the legal system helps protect victims of carelessness. For more than 40 years, Wapner Newman has represented victims of personal injury cases in Pennsylvania and New Jersey. If you or your family has suffered an injury caused by the negligence of another, you might be entitled to compensation. Call an experienced Philadelphia personal injury attorney at our firm for a free consultation, at (800) 529-6600.
How Do You Know if You Have a Personal Injury Claim?
Generally speaking you need to prove three things to demonstrate that you have a viable personal injury claim:- Injury: Before anything else you need to show that you’ve suffered a significant injury.
- Negligence: You must be able to show that your injury was caused by another person’s negligence or misconduct.
- Monetary damages: To recover compensation you must demonstrate that the injury you suffered resulted in a financial loss.
Negligence, Personal Injury, and Your Rights
To determine negligence in a personal injury case, the court considers whether a defendant was or should have been aware that his actions could likely cause a serious injury. For example, a grocery store manager who sees a spill on the floor and makes no effort to clean it up, or to warn people about that hazard, could be found negligent if a patron slips on the spill and suffers a serious injury. Sometimes, the court may find that the injured party shares some fault for the accident in question. Even so, Pennsylvania and New Jersey law states that when a plaintiff is partially at fault for an accident, he could still be awarded damages, as long as his share of the blame is less than the defendant’s.Wapner Newman is adept at litigating many types of personal injury cases, including those that involve:
- Workplace injuries
- Slip-and-fall injuries/premises liability
- Defective products
- Wrongful death
- Dog bites
- Medical malpractice and neglect
- Traumatic brain injury.
Insurance and the Law in Pennsylvania
On the East Coast, many people commute to a different state to work, which means they could be subject to two sets of state laws in a typical workday. In New Jersey, the estimated daytime population drops by 2.7 percent – almost 239,000 people – because residents are working outside the state. When so many people are crossing state lines every day, legal issues can become complicated, especially when a car crash occurs.In Pennsylvania, the minimum liability insurance for cars covers:
- $15,000 for injury or death of one person in an accident
- $30,000 for injury or death of more than one person in an accident
- $5,000 for damage to property of another person.
New Jersey and Pennsylvania have two types of policies for drivers – one of which has lower premiums, but restricts a driver’s right to sue:
- Unlimited Right to Sue/Full Tort policies allow drivers to sue the driver who caused an accident for pain and suffering, for any injury.
- Limited Right to Sue/Limited Tort policies allow drivers to sue the other driver for pain and suffering only if the injury is serious and permanent (such as the loss of a limb).