How Do You Know If You Have an Injury Case in Allentown?

Accidents can happen when we least expect them. When these incidents result in injuries due to someone else’s negligence, it’s important to understand your rights and options. It’s also important to know whether you need the help of a personal injury lawyer in Allentown.

However, the legal arena can be overwhelming, especially when you’re dealing with the aftermath of an injury. In this article, we’ll explain how to know if you have a personal injury (PI) case, common types of personal injury incidents, and the compensation you may be entitled to. 

What Qualifies as a Personal Injury Case?

If you’ve been injured, it’s natural to wonder, “How do I know if I have a personal injury case?” A personal injury case happens when someone is hurt because of another’s negligent actions (or their negligent failure to act) in a way that causes harm. In simple terms, if you’re injured and it wasn’t your fault, you may have a personal injury case.

These cases often come down to something called “negligence.” Negligence means someone didn’t take reasonable care to avoid causing harm. 

Still, not every injury means you have a legal case. To qualify, you must usually show three things:

1. Someone else had a responsibility to act with care (like a driver, property owner, or employer).
2. The other individual (or organization) failed to meet that responsibility.
3. You were injured as a result, and the injury led to damages like medical bills, lost wages, or pain and suffering.

So, if you’re wondering how to know if you have a personal injury case, this is a good place to start.

What Is the Most Common Personal Injury Claim?

There’s no single “most common” personal injury claim because many types of accidents happen every day. What we can say is that there are several kinds of cases that we see often. Each type involves someone being hurt due to another person’s negligence or unsafe behavior.

These include the following:

• Car Accidents: These are some of the top reasons people file personal injury claims. Whether it’s a fender bender or a serious crash, if someone else caused the accident, the injured person may be able to recover damages.
• Truck Accidents: Trucks are heavier and often cause more serious injuries. These cases might involve not just the driver but also the trucking company or vehicle manufacturer.
• Motorcycle Accidents: These often lead to serious injuries, too, since motorcyclists don’t have the same protection as people in cars.
• Slip and Fall Cases: Also known as premises liability claims, these happen when someone gets hurt on someone else’s property. For example, slipping on an icy sidewalk or tripping on a broken stair.
• Dog Bites: Dog bites can lead to injuries as well, especially if the dog’s owner didn’t follow local leash or control laws.
• Workplace Injuries: These are common, and while workers’ compensation usually covers them, sometimes a separate personal injury claim is possible, especially if a third party is involved. (Workers’ comp lawyers in Allentown, PA can tell you more about workplace injury cases in the Lehigh Valley and Pennsylvania.)
• Product Liability Claims: These arise when a defective product, like a faulty appliance or unsafe medication, causes harm.
• Wrongful Death Cases: These happen when someone dies because of another person’s carelessness or wrongdoing. The family of the deceased may be able to seek compensation.

How Do I Know If I Have a Personal Injury Case?

If you’re wondering how to know if you have a personal injury case, first ask yourself: Were you hurt? This might be a physical injury, like a broken bone or whiplash, or an emotional one, like anxiety or trauma after an accident. 

Second, consider whether someone else was at fault (or partly at fault). Even if you were partly responsible, you may still have a case in Pennsylvania due to our state’s modified comparative negligence laws.

Next, ask yourself, did their actions (or lack of action) directly cause your injury? This connection is important. Just getting hurt isn’t enough — you need to show that someone else’s carelessness led to your injury.

Lastly, do you have damages? This could be anything from medical bills and lost income to pain, emotional distress, or long-term disability.

If you answered yes to most of these questions, you might have a valid personal injury case. It’s always a good idea to speak with a personal injury lawyer who can look at the details of your situation and give some more personal guidance on how to know if you have a personal injury case.

What Compensation Can You Recover in Allentown PI Cases?

If you’ve been hurt in an accident, you may be wondering, “How do I know if I have a personal injury case? And what kind of compensation can I get from a claim?” When it comes to compensation, damages generally fall into three main categories.

Economic Damages

These are the direct, out-of-pocket costs tied to your injury. They can include the following:

• Medical Bills: Doctor visits, hospital stays, physical therapy, medications, and future treatment costs.
• Lost Wages: Income you missed while recovering and even future earnings if your injury affects your ability to work.

Non-Economic Damages

These cover the personal impact of the injury. These are harder to quantify, but could include the following:

• Pain and Suffering: Physical pain, ongoing discomfort, and reduced quality of life.
• Emotional Distress: Anxiety, depression, PTSI (post-traumatic stress injuries), or trouble sleeping due to the accident.

Punitive Damages

These are rare and are only awarded in cases where the at-fault party acted extremely recklessly or on purpose. They are meant to punish and send a message. Because of this, punitive damages are typically very high.

Wrongful Death Damages

If a loved one dies because of someone else’s negligence, their family may be able to recover damages on their behalf. This could include the following:

• Funeral and burial expenses
• Loss of income and support
• Loss of companionship and emotional support

Talking to a personal injury lawyer in Allentown can help you better understand what your claim may be worth and how to know if you have a personal injury case. If you believe there are punitive damages involved in your situation, you may also want to talk to one of our experienced wrongful death attorneys in the Lehigh Valley. 

Pennsylvania Laws That Affect Your Personal Injury Claim

If you’re thinking about filing a personal injury claim in Pennsylvania, there are a few important state laws you should know. These laws can affect whether you can file, how much money you can recover, and how fault is shared. 

Statute of Limitations

In most personal injury cases in Pennsylvania, you have two years from the date of the injury to file a lawsuit. If you miss this deadline, the court will likely dismiss your case. This time limit applies to car accidents, slip and falls, dog bites, and more. 

There are some exceptions to this rule. For example, if a minor is in a car accident, they have two years after their 18th birthday to pursue legal action. There are additional exceptions to this deadline, including mental incapacity, the reasonable discovery rule, and fraudulent concealment.

Modified Comparative Negligence Rule

Pennsylvania uses a “modified comparative negligence” system. That means you can still recover damages even if you were partly at fault, as long as you were less than 51% responsible.

However, compensation is reduced by the percentage of fault. For example, if you were 20% at fault, your recovery will be reduced by 20%.

Special Rules for Dog Bites

Pennsylvania doesn’t follow a strict “one-bite rule.” Dog owners can be held responsible if their dog injures someone, even if the dog has never bitten anyone before, especially if the attack happened because the dog got loose. Victims may be able to recover medical costs and, in some cases, more.

Product Liability Laws

If you were hurt by a defective product, Pennsylvania follows strict liability laws. This means you don’t have to prove the manufacturer was negligent, only that the product was defective and caused your injury.

What To Expect in a Personal Injury Case in Allentown

Even if you’re confident on the subject of how to know if you have a personal injury case, it can still be overwhelming to figure out where to begin. Starting a personal injury case in Allentown might feel intimidating, but knowing the steps involved can make it easier. 

Here’s what you can expect:

• Reporting the Accident: Whether it’s a car accident or an injury on someone’s property, report it to the proper party right away. 
• Gathering Documentation: Keep detailed records, including photos of the scene and your injuries, medical records and bills, witness names and statements, and insurance information.
• Consulting a PA Accident Attorney: Talking to a personal injury lawyer can help you understand your rights. Most offer free consultations and are only paid if you win.
• Settlement vs. Trial: Most personal injury cases don’t go to court. Instead, they settle through negotiations with insurance companies. However, if a fair offer isn’t made, your case could go to trial in the Lehigh County court system.
• Timeline: Every case is different, but personal injury claims can take a few months to over a year (or more) to resolve.

Why You Should Hire a Personal Injury Lawyer

Allentown personal injury attorneys have in-depth knowledge of the legal system and access to resources like medical experts and investigators to help you build a strong case. An experienced personal injury lawyer can also negotiate effectively to ensure you receive fair compensation since many insurance companies often aim to minimize payouts. 

Attorneys can also identify all potential damages, including medical expenses, lost wages, and pain and suffering, to maximize your compensation. Additionally, most personal injury lawyers work on a contingency fee basis, meaning you don’t pay unless they win your case. This arrangement makes legal representation accessible without upfront costs.

Choosing the Right Attorney in Allentown

Selecting a local attorney familiar with Allentown’s legal landscape is key. Local lawyers understand how to know if you have a personal injury case and the nuances of Pennsylvania laws, and they have experience and rapport with the local courts and judges. They can also provide personalized advice and are often more accessible for in-person meetings.

Allentown Personal Injury Cases: Real Examples and Results

At Cohen, Feeley, Altemose & Rambo, we’ve dedicated ourselves to advocating for injury victims in Allentown and the surrounding areas. Our commitment to justice has led to significant verdicts and settlements for our clients. 

Here are some examples:

• $95 Million Verdict: Secured for multiple families affected by a tragic medical malpractice case involving a serial offender at a local hospital.
• $22 Million Settlement: Achieved this result for over 100 clients who received defective hip implants, holding the manufacturer accountable for the faulty products.
• $4.36 Million Verdict: Obtained for a construction worker who suffered a life-altering injury due to unsafe working conditions.
• $3.75 Million Settlement: Reached for a car accident victim who sustained severe injuries, ensuring they received the necessary support for recovery.
• $2 Million Settlement: Secured for the family of a woman tragically killed by a drunk driver, including holding the establishment that served the driver accountable.

Let’s Talk About If You Might Have a Personal Injury Case

If you’re wondering how to know if you have a personal injury case, the only person who can really tell you that is a personal injury attorney. However, if you were injured because of another’s negligence, then it’s generally a good idea to reach out to one.

Suffering an injury can be a life-altering experience. At Cohen, Feeley, Altemose & Rambo, we understand the challenges you’re facing and are here to help you through the legal process.

If you or a loved one has been injured in Allentown or the surrounding areas, don’t wait to seek the legal support you need. Contact our Pennsylvania personal injury lawyers today to schedule your free consultation and take the first step toward securing the justice and compensation you deserve.