Accident victims in Pennsylvania who wish to file a lawsuit are restricted by a three-year window. Any case that is submitted after the third anniversary of the accident is thrown out of court. The victim forfeits their right to sue if they fail to meet this deadline.
How to Proceed with an Injury Claim
The type of accident indicates how the victim proceeds with a personal injury claim. For example, an auto accident claim is submitted according to the medical benefits secured by the victim. Limited tort benefits prevent the victim from filing a claim for anything outside of their medical costs. Full tort benefits allow the victim to include pain and suffering in their lawsuit. To begin an accident claim, contact a Personal injury Lawyer Pittsburgh now.
Evaluating Comparative Fault
Comparative fault could come into play in cases such as medical malpractice. In these proceedings, the victim shares the fault if they don’t follow pre-surgical instructions. For example, if the doctor informs them to stop taking a specific medication before the surgery, the victim is at fault if they take the medication anyway and a problem arises.
On the other hand, the doctor is at fault if they fail to treat a medical condition with the most effective medications available. If the doctor misdiagnosed the condition and it advances to the next stage, the doctor may be accountable. In these proceedings, the victim must acquire testimony from a doctor in the same field to show how the injuries were produced. This doctor must also present evidence of an alternative course of action that would have prevented the injury.
Comparative fault additionally comes into effect if the victim provokes an animal prior to a dog attack. Since Pennsylvania doesn’t utilize the one-bite ruling, they must determine if the victim committed a crime initially. These cases could lead to the euthanization of the animal if it is deemed dangerous.
Personal injury cases require the victim to follow strict guidelines. This could include filing claims through insurance carriers or negotiating through an attorney. To create a plan for your lawsuit, contact a Personal injury Lawyer Pittsburgh by visiting Alpernschubertlaw.com for additional information.
