Is it a good decision to consult with a Smithton Pennsylvania accident attorney when property damage, injury and wrongful death occur?
The Law Offices of Scanlon & Wojton have extensive personal injury litigation and insurance settlement experience regarding accident claims and wrongful death civil actions. They can represent victims in court, or file insurance claims when an injured party is not fully at fault. It is in the best interests of insurance companies to close out claims in a timely manner, so it is important for accident victims to consult with an attorney soon after a mishap occurs. To that end, an experienced attorney may use their expert resources by:
- sending investigators to the accident scene,
- reviewing police reports, witness testimony and medical reports,
- hiring appropriate financial personnel to make valuations of loss,
- determining the cause of the accident,
- supporting victim’s rights against aggressive insurance companies,
- drafting and filing complicated insurance and legal documents.
Compensation for Personal Injury Claims in Smithton PA.
Pennsylvania laws provide for compensation, based on assigned fault and proven claims of negligence, when dangerous mishaps occur in the workplace, on private property, on public property, under medical care, during vacation, or in motor vehicles. An injury attorney in Smithton PA can explain how the law applies in each setting and offer a timeline for making a legal claim.
- An accident lawyer in Smithton PA can assist in determining what types of compensatory award damages are necessary to address economic damages, including lost wages, medical bills, medical care, and treatment, plus household expenses and non-economic damages, including pain and suffering, loss of consortium, or companionship.
- If an injury attorney in Smithton PA can prove that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, punitive damages may be awarded in specific situations.
Monetary awards in Pennsylvania have no cap on most damages, but there is a cap of $500,000 against local government claims, and a $250,000 limit on claims against the State. Smithton Accident lawyers can be of assistance for a variety of legal actions toward fiscal recovery after a motor vehicle, personal injury, premises liability, medical malpractice, or worker’s on-the-job accidental injuries.
Statute of limitations.
When personal injury is caused by another’s actions in Pennsylvania, the statute of limitations gives an accident victim two years from the date of the injury to file a lawsuit. An attorney can apprise individuals of any deviations from that timeline.
Motor vehicle accidents in Smithton PA.
In Pennsylvania, the law requires a report made to the Pennsylvania Department of Public Safety within five days from the accident after collisions resulting in significant property damage, injury, or death. Scanlon & Wojton are trained Smithton auto accident lawyers who can guide accident victims. An auto accident attorney in can explain Pennsylvania’s “modified comparative negligence” rule where an individual can still recover damages in a personal injury lawsuit, but the amount of compensation will be reduced by an amount that is equal to their percentage of fault, but a plaintiff can only seek damages from the defendant if they are less than 51 percent at fault.
Accidents can be caused by blatant negligent acts, such as reckless driving, distracted driving, or driving under the influence, which may result in criminal action and civil action where a victim would need a car accident attorney, or a Smithton PA truck accident attorney to address the intricacies of a case with criminal components.
Personal injury in Smithton PA.
The recovery of damages is contingent upon a personal injury attorney proving negligence of another individual, or entity that owed a duty of care to the victim. Scanlon & Wojton Attorneys at Law utilize their over 45 years of combined experience to successfully represent injured victims and their loved ones.
Premises liability in Smithton PA.
When an individual is hurt on someone’s property, they may take legal action if it was caused by poor property conditions, including improper maintenance, upkeep, or from interactions with occupants and animals on the premises. An invitee may be owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries in many cases.
Medical malpractice in Smithton PA.
Medical malpractice occurs when an individual is injured while under the care of a health care provider. Pennsylvania has no caps on non-economic damages in medical malpractice lawsuits, but punitive damages are capped at 200% of compensatory damages. Twenty-five percent of all punitive damages awarded to patients must go into a special fund to pay patients whose claims exceed the healthcare provider’s malpractice insurance coverage. The time limitations fall within the two year statute for injury, but always check with a Smithton Pennsylvania medical malpractice attorney to ascertain if there are deviations from that timeline.
Workers’ compensation in Smithton PA.
When a person becomes injured on the job, or contracts an illness that is job-related, they should hire the services of a Smithton PA workers’ compensation attorney at Scanlon & Wojton who can assist with a claim for monetary damages. Injuries may be caused by an accident, or event that results in a physical injury, a medical condition caused by repetitious use of a body part, or conditions associated with the workplace environment itself. A lawyer can deal with the Pennsylvania Workers’ Compensation claims division on a client’s behalf.
A wrongful death legal action can be brought by loved ones when a person dies because of the negligent, reckless, or deliberate act of another. Damages in these lawsuits can include:
- Medical bills and burial expenses
- Compensation for lost wages
- Compensation for the pain and suffering
- Punitive damages may be awarded on a case-by-case basis.
Legal action after an accident in Smithton PA.
An accident victim in Pennsylvania can take steps to minimize additional stress by hiring competent legal counsel at Scanlon & Wojton, who can objectively speak on their behalf in a courtroom, or against an insurance company’s legal team, yielding a swift and fair monetary settlement.