Grounds for Personal Injury Claims

Grounds for Personal Injury Claims

When a person is injured because of the intentional or unintentional conduct of another, he or she may have grounds for a personal injury lawsuit. There are three primary grounds upon which a lawsuit of this kind may be filed: negligence, strict liability and intentional wrongdoing. If a person suffers physical and/or emotional injury due to any of these factors, he or she may be able to take legal action in civil court against the responsible person or entity.

An attorney can advise you of the merits of your case from the very beginning, determining upon which grounds your lawsuit may be filed:

  • Negligence – this is the most common reason for a personal injury case to be filed. It is defined as failing to provide or act with proper caution or care, in the circumstances. For example, a driver has an obligation to obey traffic laws. Speeding or driving recklessly and causing a car accident that injures another driver may be considered negligence.
  • Strict Liability – this refers to a party being held accountable for another's injury regardless of specific intent or action. Product manufacturers offer a good example of strict liability. If a consumer is injured by a defective product, he or she can file a lawsuit even if the manufacturer did not intentionally or negligently cause the consumer's injuries – as long as the product was defective in some way.
  • Intentional Wrongdoing – when a person willfully causes harm to another person, this may be grounds for a personal injury lawsuit. An example would be an attack or assault on another person. The offender may also face criminal charges for these actions.

Do I have a case?

If you believe you have grounds to make a claim, it is important to discuss your situation with a knowledgeable Philadelphia personal injury lawyer. An experienced legal counselor can assess the following to help determine if you have a case:

  • Can a third party be identified as the cause of your injuries? In order to hold the responsible party liable for your injuries, you must be able to identify and then find that person.
  • Is it possible to prove the other party's liability? Before you can seek to hold the third party responsible, your attorney will have to determine how case law and personal injury legislation will affect your rights to pursue justice in your specific situation.
  • Are you within the statute of limitations? The state of Pennsylvania typically imposes a two year statute of limitations on a victim's ability to recover damages through a personal injury or wrongful death claim.
  • Are your injuries and losses quantifiable? Your lawyer will need to assess whether it can be proven that you suffered pain and losses that are compensable as a result of the third party's actions. These may include medical costs, property damage, missed wages, and emotional trauma.

Because the field of personal injury law can be complex and may be difficult to deal with at a time when you are already facing serious physical injuries and financial struggles, it is beneficial to involve a Philadelphia injury attorney who can handle your case. Call the Law Offices of Thomas J. Murphy, Jr at (215) 569-1500 to learn how you can pursue compensation for injuries sustained in a negligent accident.