What Is The Process Of Filing A Personal Injury Claim?
As an attorney, the first thing I do when representing a claimant in a personal injury claim is conduct an investigation of the incident. This usually involves reviewing police reports, witness statements, video or audio footage, medical records, and any other evidence pertaining to the defendant. In addition, I will preserve the claim by notifying the proper authorities. There are different types of notifications depending on who is at fault. The Pennsylvania Tort Claims Act and certain entities require statutory notice. I will ensure that my client obtains proper medical care, and begin preparing the case for settlement or litigation. If a personal injury claim goes into litigation, then I will interview key opposing witnesses and obtain expert testimony from physicians and other medical experts.
What Factors Determine The Viability Of A Personal Injury Claim?
In order to have a viable personal injury claim, there has to be a physical or mental injury. There also has to be an element of liability, which means that someone else has to be at fault for the injury. Since Pennsylvania is a comparative negligence state, a claimant who was partially at fault for their injury can still recover a percentage of damages. Personal injury cases arise when a person violates their duty of care towards another and causes an accident resulting in injury.
When Is The Best Time To Seek Medical Attention After Being Injured?
Anyone who has been involved in an accident should seek immediate medical attention. With that said, many people don’t immediately feel pain from an injury, and as a result, they will not immediately see a doctor. It’s entirely possible for a person to slip and fall and not feel injured until the following day or even several days later, and this is something that the law tries to acknowledge. For example, I represented a client who took a very nasty fall on a sidewalk and was taken to the hospital by EMS because she’d lost consciousness, but it wasn’t until four weeks later that she began having trouble walking and discovered that her hip was broken.
Everyone is different; some people will go to the doctor right away for anything, and others will try to tough out a little pain and hope it will go away on its own. However, it is best to seek medical care immediately to ensure that nothing serious is going on, such as a blood clot or internal bleeding.
How Critical Is It To Follow Doctor’s Orders In A Personal Injury Claim?
It is okay to miss an appointment or two; life happens and there are some things a person just can’t plan for. However, it is best to follow the doctor’s orders as closely as possible.
For more information on Filing A Personal Injury Claim In Pennsylvania, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (267) 225-3317 today.