Question 1

What is a personal injury claim?

Accepted Answer

A personal injury claim arises when an individual is injured as a result of the negligence of another individual or entity. Negligence occurs when an individual or entity fails to exercise the care that a reasonably prudent person would exercise in the circumstances presented. Negligent conduct may consist either of an act or a failure to act where there is a duty to do so, and as a result, an injury is suffered.

Question 2

Why should I pursue a personal injury claim?

Accepted Answer

If it can be proven that an individual and/or entity was negligent and that negligence was a factual cause of the injury, then you may be able to recover monetary damages to compensate you for lost wages, medical bills, pain and suffering, and loss of consortium. Pursuing a personal injury claim might also prompt the defendant(s) to change their behavior and spare others from suffering similar injuries.

Question 3

What do I do if I am injured as a result of someone else’s negligence?

Accepted Answer

First, you should notify the responsible party that you have been hurt. For example, if you are injured in a store or supermarket, you should notify the management. It is important for you to note whom you spoke to about the incident and what, if any, response was given. If there are any witnesses to your injury, you should take their names and phone numbers, as their statements may become vital to your claim. If your injury was caused by an object (i.e., a shelving unit, door, etc.) or dangerous condition (i.e., an icy sidewalk, water in a supermarket aisle, etc.), you should take a photograph of the same, if possible. Finally, you should seek medical attention immediately for your injuries. Thereafter, you should bring all the information you gathered to your attorney who will be able to determine if you can recover from the individual or entity that caused your injury.

Question 4

If I have a viable claim, how will I be compensated?

Accepted Answer

There are two types of damages that are recoverable in a personal injury case – compensatory damages and punitive damages. Compensatory damages compensate you for the monetary losses you have incurred, such as past and future medical expenses; past lost wages if you missed work as a result of your injury; future lost wages if your injury has rendered you permanently disabled; and damages for past, present and future pain and suffering, embarrassment, and/or mental anguish resulting from your injury. If you are married at the time of your injury, your spouse may also be able to recover injuries for loss of companionship/consortium and/or loss of household services.
Punitive damages are a type of damages intended to punish the individual or entity that caused your injuries. These damages are only recoverable in rare and/or extraordinary cases where an individual or entity has engaged in outrageous or recklessly indifferent conduct.

Question 5

How long do I have to bring a claim after I am injured?

Accepted Answer

The statute of limitations for bringing a personal injury lawsuit in Pennsylvania is two years from the date of your injury. If you do not bring a claim within this time frame, you will be forever barred from getting recovery for your injuries.

Question 6

How much will it cost to hire an attorney to litigate my personal injury claim?

Accepted Answer

HKQ engages in a contingency fee agreement with clients who bring personal injury claims. This means, if we are successful in litigating your claim, we will be entitled to a portion of your recovery, plus any costs we expended pursuing your claim. If we are unsuccessful in litigating your claim, you pay nothing.

Personal Injury FAQs

Frequently asked questions