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Liability refers to responsibility or culpability, meaning that the liable party is seen as responsible for the actions involved in a claim. In personal injury lawsuits, liable parties are often referred to as “at fault” parties.
The term negligence refers to behavior that falls below the standard of care for how a person should reasonably behave under given circumstances. For example, a motorist could be negligent if they fail to stop at a red light and cause a car accident. Interestingly, negligence can be caused by both acting unreasonably and failing to act at all.
Damages are awarded as a means of compensating you for your medical bills, lost wages, pain and suffering, etc. When claiming damages in your personal injury case, it will be necessary to gather any medical records, pay stubs, tax returns, or other documentation that can support your claims. If you are injured due to negligence, you may be able to receive compensation for past and future damages, depending on the scope of the injury.
The primary difference between a trial and a settlement is the means by which a decision is made for your case. In a formal trial, a jury will determine who is liable and award damages, and in certain cases, this decision may be made solely by a judge. However, a settlement requires that both parties reach a mutual agreement regarding liability and damages.
The burden of proof simply means that you, as the injured party, are responsible for providing proof to support your claims of liability and damages. This evidence can consist of witness testimony, medical records, expert reports, and more. Essentially, the burden of proof means that you must provide proof for your claims.
A statute of limitations is a condition that limits the timeframe in which a lawsuit must be filed to preserve the legal validity of your claim. The current statute of limitations for personal injury cases in Pennsylvania is two years following the date of the incident.
There are a number of moving parts at play, so it is important to me that all of my clients understand the process of a personal injury claim in Pennsylvania. Whenever we start working with new clients at our firm, we make a point to fully explain the process and encourage the asking of any questions that may arise along the way. As the litigation process is foreign and difficult to understand for most people, we want to ensure that you are prepared with the proper knowledge to take your case on with confidence.
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If you are looking to enlist the assistance of a Personal Injury Lawyer in Harrisburg, PA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (717) 204-2163 today.