Lehigh Valley Personal Injury Lawyer
In a personal injury claim, you file your case against a party who was responsible for your injuries. This might be another driver or a negligent store worker, or it might be someone who is not even present, such as a property owner.
No matter who caused your injury – whether an individual or business – our lawyers can represent you and fight for compensation. When you file your case, you may be sent settlement offers, but you should never accept or sign anything until our lawyers review the case to see that you are getting paid what you deserve.
For a free case evaluation, call the personal injury lawyers at Cardamone Law today at (267) 651-7945.
Do I Have a Personal Injury Case?
If you suffered injuries that leave you with expensive medical bills, lost wages at work, and pain and suffering, you probably have a personal injury case. However, we must analyze the facts to look for four major elements to make out a case:
- Duty – The defendant owed you a legal duty, often based on safety laws or the relationship between you and the defendant (e.g., store and customer)
- Breach – A violation of the duty
- Causation – The breach of duty must be what caused the accident
- Damages – Injuries and financial damages that the court can order reimbursed
Without any one of these elements, your case could fail. That is why it is vital to review your case with a personal injury lawyer before filing it.
What is My Injury Case Worth?
The value of your injury case can vary depending on what happened to you and how it affects your life. Each case’s damages are unique, but they typically fall into three major categories:
Medical Bills
Medical expenses can be quite high for serious injury cases. Even a few trips to the hospital or appointments with a specialist might be more than the average person can afford.
On top of that, you likely face costs for physical therapy, medication, and other medical costs. These damages – plus other expenses you face – can all be claimed.
Lost Wages
If you miss work or will face ongoing lost earnings in the future because of your injury, those lost wages should be reimbursed.
This requires looking at both your projected wages before the injury and your projected wages now. If you can work with accommodations or at a less demanding job, you might have some income going forward that we factor into this calculation.
Pain and Suffering
Pain and suffering damages are vital in an injury case. Many times, these damages account for over half of the total. Insurance companies are often unwilling to pay these damages at their full value, and your car insurance or Workers’ Comp insurance might not pay these damages at all.
These damages do not have bills or statements showing their value, so we have to calculate them using accepted methods. One method uses a multiplier from 1.5 to 5 based on the overall severity of the injury and multiplies your other damages by that factor. Another method chooses a per-diem value for your pain and suffering.
How Do I Prove Fault in an Injury Case?
One of the biggest concerns many injury victims have is whether they will be able to prove their case. Rest assured that the burden of proof is relatively friendly to victims and that you can still get compensation even if the court finds you partially at fault.
Burden of Proof
Cases must be proven “by a preponderance of the evidence.” This is not the demanding “beyond a reasonable doubt” standard in criminal cases and means you need the jury to believe your claim is more likely than not.
Evidence
You achieve this through evidence. Your testimony and other witness statements are good evidence, as are photos of the accident, records and reports of what happened, security video of the accident happening, and more. Evidence of your damages is also needed.
Comparative Negligence
If the court says you are partially at fault, Pennsylvania law uses a “comparative negligence” system that allows you to get reduced compensation. You would lose your share of the damages, but as long as your fault is 50% max, you still get compensation for the defendant’s share of fault.
Can I Settle My Personal Injury Case?
Most injury cases settle. However, whether you settle by taking an early insurance payout or through a negotiated settlement can make a huge difference.
Insurance companies often make low-dollar offers at the beginning to try to end the case quickly. However, this is not necessarily based on an assessment of your actual facts and what your damages are worth, just what insurance is willing to pay.
Through negotiation, we can often bring the settlement up to a fair value. If not, we can take the case to trial.
Going to trial can take longer, and many victims need damages as soon as they can. If we are able to settle – even up until the day of trial – it can help you get the damages you need faster.
What Happens at a Personal Injury Trial?
If the defendant’s lawyers or insurance company are blocking a settlement, we can take the case to court. There, the judge will decide the legal issues and the jury will determine who was at fault and how much the case is worth.
At a jury trial, we present our opening statements then put on evidence and witnesses. The defense cross-examines and challenges the evidence, then gets a chance to put on their case. At the end, closing arguments sum up the case and make a final request to the jury as to how to decide the case and what the damages are worth.
Before trial, there are many stages of briefs, motions, and evidence gathering. Depositions are often taken in office, but your testimony is so valuable to your case that you will often testify in open court as well.
Call Our Personal Injury Lawyers in the Lehigh Valley Today
Call our personal injury attorneys at Cardamone Law at (267) 651-7945 for help with your injury claim anywhere in the Lehigh Valley.
