Tag Archive for: Personal Injury

Filing a Personal Injury Lawsuit: A Step-By-Step Guide for Pennsylvania

“Personal injury” is the term used when someone’s negligence caused someone else’s injuries. Personal injury law allows accident victims to claim compensation for their injuries (also known as “damages”) and other misfortunes. If you’ve been injured because of someone else’s negligence, you are entitled to compensation to cover medical bills, property repair costs, lost wages due to injuries forcing you to miss work, pain and suffering, and much more!

Do you believe you have a personal injury case, but need a little clarification on how to get started? Keep reading for a simple, step-by-step guide to filing a personal injury lawsuit in Pittsburgh, Pennsylvania and getting the compensation you deserve!

Step 1: Don’t Procrastinate

Every state has a “statute of limitations” that restricts the amount of time you have to file your personal injury case after being injured. The statute of limitations for personal injury in Pennsylvania is two years, according to AllLaw. After that window, you may lose your right to receive compensation.

Step 2: Determine if an Insurance Policy Covers the Incident 

This is important because it can determine whether or not you’d actually be able to collect any damages a jury awards you after a personal injury trial. Having a judgment in your favor is one thing, but being able to collect on that judgment is another story. If the defendant has inadequate insurance coverage and very little in the way of assets, you might be left with no compensation to claim. Consider the extent of your injuries and whether your own insurance coverage might provide an acceptable solution. If you weren’t seriously hurt, or fault for the accident isn’t clear-cut and you have health insurance coverage, AllLaw recommends thinking twice before filing a lawsuit against someone who has no insurance. On the other hand, if your injuries are significant and there was clear negligence from another party that caused your accident, you’ll probably want to proceed whether or not the at-fault party is covered by an insurance policy.

Step 3: Hire a Personal Injury Attorney

If you have any significant injuries, AllLaw recommends discussing your case with a personal injury attorney. If you’re not sure if you have a case, contact our legal team for a free case evaluation.

Step 4: To File Or Not To File?

The majority of personal injury cases reach a settlement before trial, and many are resolved before a civil lawsuit is even filed.

In some situations, it’s worth considering the ways that you can recover compensation without filing a lawsuit. Where insurance coverage is in place, you can file a “third-party claim” against the at-fault person’s insurance carrier. You’d start by getting the name of the other person’s insurance carrier and their policy number. Then, you’d send the company a notice of claim that includes the insured person’s information, your information, the date of the accident, and a notification letter in which you declare that you were injured and intend to pursue a claim.

Step 5: Complete the Summons and Complaint 

The complaint is a formal legal document that identifies the legal and factual basis for your personal injury lawsuit.

The beginning of the complaint will identify you (the plaintiff), the defendant, and the court you’re filing your lawsuit in.

The next section will consist of numbered sentences or paragraphs that explain the court’s jurisdiction to hear the case, identify negligence behind your allegations, state the related facts, and explain what damages you’re demanding from the defendant.

Many jurisdictions will require you to file a summons, a document that identifies the parties to the litigation and explains to the defendant that they are being sued. The summons also usually contains a signature of the court’s representative and the seal of the court.

After you file the complaint and summons with the court, you need to serve a copy of each on the defendant. This is absolutely critical because otherwise, the court will not have jurisdiction over the defendant and can’t impose any judgment.

Step 6: Wait for the Defendant’s Response

The defendant can either file an “answer” to your complaint, in which the defendant admits or denies each of your numbered allegations or the defendant can state that they neither admit nor deny the allegations.

Alternatively, the defendant can file a motion to dismiss. If the court grants this motion, it can mean dismissal of either your entire claim

Injured in Pittsburgh? You have peace of mind and the compensation you deserve at your fingertips. Set up a free case evaluation by calling (412) 918-1241 or sending us a message online.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building

304 Ross Street, Suite 510

Pittsburgh, PA, 15219

Phone: (412) 918-1241

8 Tips to Prevent Social Media From Damaging Your Personal Injury Case

When you’re going through a personal injury lawsuit or attempting to file an insurance claim in Pittsburgh, it’s imperative to understand all the different factors that can hurt your chances of getting compensation. A few mistakes could cost you some or all of the personal injury compensation you were counting on. Make a wrong move, and you could be stuck with mountains of medical bills to pay on your own. One factor that accident victims often overlook is the risk associated with their social media.

According to JusticePays, what you post and say on social media could make or break your case. Keep reading for 8 important tips on how to protect yourself from the harmful repercussions of social media mistakes during a personal injury case.

  1. Remember that anything you post or say online can be used against you! Insurance companies have a lot of resources to spare on undermining legitimate claims like yours because they don’t want to pay the money you are owed. In addition, the attorneys on the opposing side will be looking for anything to use against you to discredit your case and entitlement to compensation. No matter how harmless or neutral a social media post might seem, it can be twisted and used against you. For example, you might post an update that says “Still shaken from the accident but not in as much pain now, thanks to everyone for your concern!” The opposing party or your insurance company could twist this to use as evidence that you aren’t badly injured and don’t deserve compensation.
  2. Remember that privacy settings don’t guarantee privacy. No matter what your settings are, anything you post online can become public.
  3. Never post ANY details about your injuries, legal proceedings, insurance, or the accident – including photos, discussions, frustrations, updates, attorney opinions, diagnoses, and doctor’s reports, according to HG.Legal. This refers not only to your physical injuries, but also to any property damage incurred in the accident (such as your car), any emotional or psychological harm, and/or any details or photos from the accident scene.
  4. Avoid posting photos or details of you doing any kind of physical activity after the accident and during your personal injury case. This even includes photos of physical activities related to your recovery or physical therapy. You’d be surprised what can be used against you in a legal case! You don’t want to give the opposing side any potential evidence that the accident injuries aren’t impacting your life negatively.
  5. Do not post travel photos or text related to traveling after your accident or during your personal injury case. Again, insurance companies and the other side’s attorney can use this to say that you aren’t being hampered enough by your injuries to merit the compensation you’re asking for. They can also argue that travel is expensive and therefore you don’t really need the compensation as much as you say.
  6. Alert your friends and family about the risk of social media during this time. Talk to your friends and family about the dangers of having something posted on social media being used against you in court. Ask your friends and family not to post anything related to your accident and/or injuries and not to tag you in any posts or photos during this time. Even a family member tagging you in an innocent photo such as you playing with your dog could be used to your detriment – if insurance companies or the opposing side’s attorney use it to prove that you aren’t injured enough to receive compensation. A concerned family member might post an update informing their followers that you are recovering, but this can be used against you to say your injuries and pain and suffering don’t merit compensation. If there is any indication that you are recovering or don’t need continued medical care, insurance companies and opposing attorneys can use this to decrease the compensation you receive.
  7. Consider a temporary social media blackout. If you feel you cannot trust your friends and family to listen to your warnings, or you worry about yourself forgetting and posting something that could compromise your case, you might consider temporarily shutting down your social media until after your case has been finalized.
  8. When in doubt, don’t post! And let your friends and family know about this helpful rule!

Do you have questions about your personal injury case and getting injury compensation in Pittsburgh? Have you already posted something or been tagged in a post that you fear will be used against you? Call (412) 918-1241 or message us online for a free case evaluation.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building

304 Ross Street, Suite 510

Pittsburgh, PA, 15219

Phone: (412) 918-1241

Claiming Lost Income After A Personal Injury Accident

If you’ve been the victim of an accident, you’re likely feeling the stress of physical injuries, emotional trauma, medical expenses, and even lost income because you can’t go to work. But did you know that lost wages are one of the many types of compensation you can claim as a victim of a personal injury accident? Keep reading to understand how!

Claiming Past and Future Lost Earnings 

There are two types of lost wages you can claim in your personal injury case:

  1. Past Lost Income – income lost because of your injuries up until the point of your case being finalized
  2. Future Lost Earnings – income that you may lose in the future as a result of your injuries.

According to HG.org, past lost income is relatively easy to prove. You will typically need your employer to confirm your absences from work due to the accident and the earnings that you would have received if you had been able to come to work.

HG.org goes on to say that future lost earnings are the most complicated to claim because your future ability to earn wages is usually quite ambiguous. Most personal injury accident victims will experience some form of recovery over time and will be able to return to work either full-time or part-time. But in many cases, victims experience a “loss of earning capacity.” Because this aspect of the law is very nuanced, assistance from an experienced personal injury lawyer is essential.

Reasons You Might Not Be Able to Earn Income After An Accident

Many possible scenarios could entitle you to a compensation claim for lost wages.

  • You might not be able to work at all (or in the same capacity) for a time during your recovery. While you might eventually be able to return to your previous job, you can still claim the wages lost during your recovery time.
  • Your physical injuries might not prevent you from going to work, but your emotional injuries do. It’s quite common for accidents to leave victims with psychological damage or PTSD. Emotional damage can prevent you from performing your normal work tasks, which is also ground for claiming lost wages.
  • Your injuries might impact your future so that you can’t go back to your previous job, but you can perform some kind of work. You might be able to claim lost wages if the only work you can perform after the accident doesn’t pay as much as your previous job.

Have you been in an accident that has caused or will cause you to lose income in Pittsburgh, PA? Let’s get the justice you’re legally entitled to. At Scanlon & Wajton, we can help you calculate your lost income and successfully claim what’s yours! Get started by contacting an experienced personal injury lawyer today!

Contact our Pittsburgh office at (412) 918-1241 or online.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building

304 Ross Street, Suite 510

Pittsburgh, PA, 15219

Phone: (412) 918-1241

10 Popular Personal Injury Myths Debunked

If you’ve found yourself believing any of these 10 most common personal injury myths reported by Enjuris, you’re not alone! But before you make decisions regarding your personal injury case in Pittsburgh, Pennsylvania, it’s essential to understand the truth behind these popular misconceptions.

  1. Personal injury cases are always long and drawn out. Enjuris debunks this myth as false, saying that most cases are settled before ever reaching the courtroom. If you’ve been involved in an accident or suffered injuries because of someone else’s negligence, don’t put off filing a case because you think it will take too long to be worthwhile. An experienced personal injury attorney can usually help you quickly get the compensation you need for medical bills and repair costs.
  2. Minor injuries aren’t worth a personal injury case. Even minor injuries can lead to expensive medical treatments such as physical therapy. And no matter how “minor” your injuries are, you’re still entitled under law to claim compensation. In fact, the less serious your injuries are, the more likely that your insurance company will try to get you to accept a settlement that is far too low. Oftentimes, these settlements aren’t enough to cover even the most basic medical expenses for your injuries. Secure a fair compensation amount with the help of an attorney!
  3. The at-fault party will have to pay for damages out of pocket. Maybe you are hesitant to file a personal injury case because you believe the myth that the at-fault party will have to pay your compensation out of pocket. Understandably, you might not want to make someone else’s life miserable. However, Enjuris says that in most cases, the other party’s insurance company will be who ends up paying any settlement you’re awarded.
  4. Insurance holders don’t need a personal injury lawyer. Falling for this myth can lead to some serious regrets, especially since your battle for compensation will often be against your insurance company! Insurance companies are out to make a profit, and getting a fair settlement without an attorney’s help can be nearly impossible sometimes!
  5. Personal injury cases can be filed anytime. Believing this myth can be costly because the truth is that most states have a statute of limitations that limit the time you have to seek compensation. Under Pennsylvania state law, victims typically have two years after the accident to file for compensation, according to AllLaw.
  6. Compensation for losses is guaranteed. While it’s true that many personal injury cases result in some type of settlement, you are never guaranteed compensation. There’s a myth that personal injury cases result in “easy money,” but the reality is that the unique details of each case and the differing opinions of judges who will decide your case mean that nothing is certain. This uncertainty is another good reason to hire an experienced attorney.
  1. You only have one chance to be compensated for your claims. This myth is true! After a personal injury claim has been heard and a decision has been reached, the result is typically final. Similarly, accepting a settlement with an insurance company means you’re waiving your right to seek further compensation.
  1. Holding out will result in larger settlements. While holding out for bigger settlement offers is sometimes the best strategy for some cases, Enjuris notes that finding a competent personal injury attorney to negotiate your best possible settlement is more effective than simply holding out for no concrete reason.
  1. People who file personal injury cases are frivolous or greedy. Unfortunately, the media has fed a stigma that many personal injury lawsuits are frivolous and greedy attempts to make easy money. But there is no reason why you should feel guilty for filing a personal injury case! Most of the people who file personal injury lawsuits are legitimately injured in accidents and are honest people seeking much-needed compensation.
  1. Courts are bogged down with personal injury cases – meaning you’ll face delays if you file. Never let the fear of inconvenience stop you from pursuing justice! There’s no reason why an aggressive personal injury attorney can’t move your case along in a reasonable timeframe. According to the National Center for State Courts, personal injury cases have declined by 25% since 1999. Only 7% of civil cases are torts, which is the area of law concerned with personal injury cases such as car accident liability, medical malpractice, defective product claims, and so on.

Were you injured in an accident caused by someone else’s negligence in the Pittsburgh area? Get experienced legal assistance so that you can claim the compensation you deserve! Contact your personal injury attorney at (412) 918-1241 or online for a free case evaluation.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building

304 Ross Street, Suite 510

Pittsburgh, PA, 15219

Phone: (412) 918-1241