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Establishing negligence in personal injury claim is important

On Behalf of | Oct 18, 2017 | Firm News, personal injury |

Every day, people in Pennsylvania are injured because of the negligence of others. While this negligence might seem obvious to some, it must still be proven to successfully achieve compensation from a personal injury claim. This is not necessarily complicated, but does require careful attention to detail and related evidence.

It is important for injury victims to first understand what constitutes negligence. When a person does not exercise a reasonable degree of care in a certain situation that leads to another’s injury, he or she is negligent. Expected degrees of care are different for every situation, some of which are straightforward — such as a shop owner clearing away ice from a front walkway — and others that are more nuanced.

Pennsylvania also takes contributory negligence into account when a victim seeks compensation for an injury. This type of negligence is usually that of the victim’s, and measures what might have been his or her contributory actions to the incident, such as reckless behavior. This does not bar the victim from seeking compensation from a negligent individual who otherwise caused their injury (as long as the victim was less negligent than the defendant), although it will affect the amount of damages they can attempt to recover.

Personal injury claims are an important tool for injury victims. Compensation from such claims typically addresses related medical bills, lost wages and both physical and mental pain and suffering. However, it is necessary to establish negligence when pursuing such claims, and it is usually best to work alongside counsel who is experienced in recovering compensation for victims.

Source: FindLaw, “Pennsylvania Negligence Laws“, Accessed on Oct. 16, 2017