The Key Principles and Tips for Winning a Personal Injury Case
Accidents happen daily in Pennsylvania; no one ever plans for them, but they happen. Moreover, the high rate of accidents in the state in recent years calls for all citizens to be cautious. Also, one needs to be well-versed in what happens next to know what to do when it happens.
The chances of winning a personal injury case in Pennsylvania may look daunting, but you only need the right advice. With the proper legal counsel and irrefutable evidence, your chances of winning can increase exponentially. Therefore, this article examines the fundamental principles for winning such cases in Pennsylvania and tips to improve your chances.
The Key Principles
Certain principles apply in general regardless of the type of personal injury case. These principles include:
- The legal duty everyone has to other people to avoid injuring others – is known as the duty of care.
- An individual fails to live up to the duty of care they owe another, causing an accident that results in injuries – breach of duty.
- A link between the victim’s injuries and the at-fault party’s breach of duty is known as causation.
- The compensation the victim receives to cater to their injuries – is known as damages.
Different Types of Personal Injury Cases and How to Prove Liability
Many things can give rise to a personal injury case in Pennsylvania, including dog bites, slips and falls, and car accidents. Meanwhile, each case has elements that must be present to prove the at-fault party’s liability. Below are the types of personal injury cases in Pennsylvania and how to prove liability:
- Auto crashes: The injured individual must show that the other driver was negligent and, therefore, the cause of the accident.
- Dog bite and other animal attacks: Show the owner’s negligence in controlling their pet, which also includes showing a history of aggression by the animal. Furthermore, the owner must or should have been aware of the animal’s dangerous tendencies and did nothing.
- Defective Products: Show that the product had a defect that rendered it dangerous and that the defect caused your injuries.
- Slips and Falls: Prove that the property owner failed to maintain the property, having known or should have known about the dangerous condition there.
- Workplace Injuries: You must have been injured at work or by something at work to get workers’ compensation insurance. However, in some cases, you can sue your employer directly for your injuries.
Personal Injury Cases in Pennsylvania: Valuable Tips for Winning
“When you look at a personal injury case with a non-legal-oriented mind, it might look daunting and impossible to win, and that is not always the case,” says Attorney Rich Godshall of Ostroff Godshall Injury and Accident Lawyers. However, with competent legal counsel and these tips for winning, your chances of winning increase significantly.
- Show the negligence of the other party who did not exercise the proper care a reasonable person usually would have.
- Show that the other party’s negligence caused your injury – for example, in a car accident, show that the other driver’s negligence caused the accident.
- Show proof that you suffered damages through medical bills, lost wages, and pain and suffering.
- Get robust and undeniable evidence, such as photos of your injuries and the accident scene, witness testimony, and medical records.
- Avoid posting about the case or your injury on social media, as the opposition counsel can use it against you.
- Get a knowledgeable personal injury attorney focusing around your particular case type to help you navigate the legal system.
Conclusion
Finally, patience is highly important in personal injury cases, as the legal process can be long. Also, keep in touch with your attorney to know how the case is going and prepare for trial if necessary.