Frequently Asked Questions

Frequently Asked Questions About Personal Injury

Philadelphia Injury Lawyer

After suffering as the victim of an accident, you are likely to have a number of questions about your rights and how you can pursue compensation for your injuries and losses. The Law Offices of Thomas J. Murphy, Jr have led countless clients in their personal injury cases, and the knowledgeable team can assist you in fighting for a fair settlement from the party who is responsible for your accident. To discuss your unique circumstances, call the firm at your earliest convenience, or for more information, check out the answers to some of the questions most frequently asked by injury victims in Philadelphia.

What is negligence?
A person or party can be held responsible for any injuries or damages they caused if they acted negligently. Negligence occurs when a person does not use the proper amount of caution and care to prevent harm or injury that any reasonable person would use, or when they do something that a reasonable and careful person would not have done under similar circumstances.

Why is negligence important to my case?
Negligence is one of the key factors in any personal injury claim or lawsuit. In order to pursue justice against the defendant, you must be able to prove their negligence and how it caused your injuries. During your case, your lawyer will need to prove the following:

  1. The defendant owed you or the general public a duty of care.
  2. The defendant violated their duty of care in some way.
  3. You suffered injuries.
  4. Your injuries were directly caused by the defendant's violation.

What is the difference between a personal injury claim and a personal injury lawsuit?
If you were injured by another party, you may be wondering which option you should use to seek compensation for your losses. In any personal injury case, it is imperative that you understand how claims and lawsuits are distinct.

  • A claim is an informal process that allows an accident victim to pursue compensation by submitting a claim to an insurance company. The victim files their claim with the negligent party's insurance company in an attempt to obtain reasonable compensation for their injuries, and if the case cannot be resolved through this process, the next step may be to file a lawsuit.
  • A lawsuit is a formal legal action taken by the victim against the person, insurance company, corporation, or government entity that caused their injuries through negligence. Through this process, the victim pursues compensation by appearing before the court to have a jury decide the merit of their case. In many situations, the defendant will seek to settle with the victim so that they do not have to go to court.

Each victim's circumstances are different, but an experienced attorney can assess your case to help you determine your best option to fight for justice.

How do I know if I have a case?
Negligence can cause a variety of injuries in endless situations, but there are four main questions that can give you a better idea of whether you have grounds to seek compensation:

  • Can a person or party be identified as the cause of your accident and injuries? You must be able to identify and find the party that caused your injuries before you can take any legal action to pursue compensation.
  • Is it possible to prove the party is liable for your injuries? Your attorney must assess the circumstances of your accident to determine whether personal injury legislation and case law will allow you to take action against the responsible party to seek justice.
  • Are your losses and injuries quantifiable? Your lawyer must be able to prove that the pain and losses you sustained are compensable because they were caused by the other party's negligence. Quantifiable losses and injuries can include medical expenses, emotional trauma, permanent injury or disability, property damage, and missed wages.
  • Are you within the state's statute of limitations? Pennsylvania usually allows victims with only two years in which to seek to recover damages through personal injury or wrongful death claims.

There are a number of factors that must be considered in every case, so it is best to speak with a skilled attorney to determine if you have a case.

Why do I need an attorney to file a claim?
Personal injury law is complex, and after experiencing a dramatic accident and sustaining painful injuries, it can be very difficult to know what steps must be taken. A knowledgeable and caring law firm can assist you through every step of the process, and ensure you understand your options under the law. It is also crucial to understand that insurance companies are most concerned with their own profits, so they will likely try to bully or trick you into accepting a settlement that is far less than what you deserve. An aggressive legal advocate can protect your rights, ensure you are not taken advantage of, and help you fight for the proper compensation your family needs.

How much is my case worth?
Victims are often left with mountains of medical bills and the stress of losing wages during their recoveries, which is why obtaining generous compensation is so important. Your attorney will assess many factors when creating your claim to determine what type of monetary settlement is fair in your unique situation. The amount of financial compensation you may be entitled to will be influenced by the following:

  • Your medical expenses that resulted from the negligence, including your hospital bills, medications, medical supplies, doctor visits, therapy, and costs for traveling for medical care
  • Any psychological damage sustained because of the accident
  • Your injuries' lasting impact upon your physical abilities and psychological health
  • Wages that were lost during your recovery
  • The cost of any future medical care that may be needed
  • If you suffered permanent injury or disability, the future loss of wages or earning capability

Have more questions? Call the firm today!

The firm understands that this is a difficult time for you and your loved ones, and they are committed to providing every client with nothing less than caring and exceptional legal counsel. If you have been injured in a preventable accident, it is important to be aware of your rights and to know which options are available to you. Please do not hesitate to contact a Philadelphia personal injury attorney from the firm at your earliest convenience to learn more about your case and how their proven team can lead you in the fight for justice!