Types of Personal Injury Claims

Personal injury law allows people who have been harmed by another person or entity’s wrongful conduct to seek compensation for their losses. These claims can arise from traffic accidents, dangerous property conditions, defective products, animal attacks, and many other circumstances.

In Pennsylvania, the requirements for recovering compensation depend on the type of claim and how the injury occurred. Understanding some of the most common types of personal injury claims can help you determine what legal options may be available after an accident.

Car Accident Claims

Car accidents are among the most common sources of personal injury claims. A driver may be liable when negligent behavior causes a collision and injuries to another person.

Examples of driver negligence may include:

  • Speeding
  • Distracted driving
  • Following too closely
  • Failing to yield
  • Running a red light or stop sign
  • Driving under the influence
  • Making an unsafe lane change

Pennsylvania follows a choice no-fault insurance system. Additionally, drivers generally choose between limited tort and full tort coverage, which can affect their right to recover certain damages from an at-fault driver after an accident.

Truck Accident Claims

Commercial truck accidents can involve additional legal and factual issues because several parties may contribute to a crash.

Depending on what caused the accident, potentially liable parties may include a truck driver, trucking company, maintenance provider, cargo-loading company, or vehicle or parts manufacturer.

Truck accident claims may require reviewing driver logs, maintenance and inspection records, electronic vehicle data, company records, and other evidence to determine how the collision occurred.

Motorcycle Accident Claims

Motorcyclists have little protection from the force of a collision and can suffer serious injuries, including traumatic brain injuries, spinal cord damage, fractures, road rash, and internal injuries.

A motorcycle accident claim may arise when another driver causes a crash by failing to yield, making an unsafe turn, following too closely, driving while distracted, or otherwise failing to use reasonable care.

Slip and Fall and Premises Liability Claims

Property owners and others responsible for maintaining premises may be liable for injuries caused by dangerous conditions under certain circumstances.

Premises liability claims can involve hazards such as:

  • Wet or slippery floors
  • Broken stairs
  • Uneven walkways
  • Poor lighting
  • Ice or snow
  • Missing or defective handrails
  • Other unsafe property conditions

Whether a property owner is liable depends on factors such as why the injured person was on the property, how the dangerous condition developed, and what the responsible party knew or should have known about the hazard.

Dog Bite and Animal Attack Claims

Dog bites and other animal attacks can cause puncture wounds, infections, nerve damage, scarring, and psychological trauma.

Pennsylvania’s Dog Law contains specific provisions addressing dog attacks. For example, the law requires the owner or keeper of an attacking or biting dog to pay the victim’s medical treatment costs. Other damages may be available depending on the facts and applicable law.

Evidence about the dog’s behavior, the circumstances of the attack, and the owner’s actions may become important when determining the full extent of liability.

Defective Product Claims

A dangerous or defective consumer product can cause serious injuries even when it is used as intended. Product liability claims may involve defective vehicles, machinery, appliances, tools, medical devices, or other consumer products.

Depending on the circumstances, a claim may involve a defective design, manufacturing defect, or inadequate warnings or instructions. Manufacturers, distributors, and sellers may potentially be involved in product liability litigation.

Wrongful Death Claims

When an accident or other wrongful act results in death, surviving family members may have legal options under Pennsylvania law.

Wrongful death claims may arise from fatal motor vehicle accidents, unsafe property conditions, defective products, and other incidents. These cases can involve losses associated with the death as well as the financial impact on surviving family members.

What Compensation Is Available in a Pennsylvania Personal Injury Claim?

The available compensation depends on the type of accident, the injuries involved, and the losses they cause.

Depending on the circumstances, an injured person may be able to recover compensation for:

  • Medical expenses
  • Future medical care
  • Lost wages
  • Reduced earning capacity
  • Rehabilitation expenses
  • Property damage
  • Pain and suffering
  • Emotional distress
  • Disability or disfigurement
  • Loss of enjoyment of life

Pennsylvania also follows a modified comparative negligence rule. Under Pennsylvania law, an injured person may recover when their negligence is not greater than the defendant’s negligence, but their damages are reduced according to their percentage of fault.

How Long Do You Have to File a Personal Injury Claim in Pennsylvania?

Pennsylvania generally provides two years to file a lawsuit seeking damages for personal injuries caused by another person’s negligence or wrongful conduct.

However, different deadlines or procedural requirements can apply depending on the circumstances, including the type of claim and parties involved. Acting promptly can also help preserve photographs, surveillance footage, witness testimony, physical evidence, and other information relevant to the case.

Contact Marzzacco Niven & Associates About a Pennsylvania Personal Injury Claim

Personal injury claims can take many forms, and determining which laws apply depends on how the injury occurred and who may be responsible. Whether you were injured in a traffic accident, on dangerous property, by an animal, or because of another type of negligence, understanding your rights can help you decide what to do next.

If you were injured because of someone else’s negligence in Pennsylvania, Marzzacco Niven & Associates can review your case and explain your legal options. Contact the firm today to schedule a consultation with a Pennsylvania personal injury lawyer.

Marzzacco Niven & Associates Harrisburg
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640

Marzzacco Niven & Associates York
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998

Marzzacco Niven & Associates Wyomissing
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325

Marzzacco Niven & Associates Chambersburg
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378

Marzzacco Niven & Associates Carlisle
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

Marzzacco Niven & Associates Carbondale
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810

Marzzacco Niven & Associates Lancaster
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954

Marzzacco Niven & Associates Lebanon
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963