- Personal Injury
Personal Injury Law
When a person, a company or any other entity injures another person with an irresponsible action or by causing an accident, the victim will suffer financial loss. They could have property damage, hospital and other medical bills, and lost wages stemming from the incident. Additionally, they may have suffered pain, humiliation and a host of other negative experiences, due to the poor decisions of this other person.
In Pennsylvania, we allow such victims to seek compensation for how they were injured from the responsible party in our courts system. These actions are called "tort" actions.
However, recovering is often a fight. You'll probably be up against a big insurance company with a multi-million dollar legal budget, looking to get out of the situation by paying you as little as possible or nothing at all.
Philadelphia Personal Injury Lawyer
You can have legal firepower on your side by hiring a trial attorney from Alva & Shuttleworth, LLC. At Alva & Shuttleworth, LLC, our aggressive accident lawyers are dedicated to fighting for justice. We don't back down from a fight, no matter who our opponent may be and no matter how many lawyers they have on their side.
We will negotiate to get the best settlement possible for you. If they won't offer a settlement you're happy with, though, then we have no trouble arguing your case to a jury at trial. We have extensive courtroom experience, and we will put that to work for you and your case. Call us today at (215) 665-1695 to set up a consultation.
We serve clients in and around Philadelphia, including in Chester County, Bucks County, Montgomery County and Delaware County. We also represent the injured across Pennsylvania and New Jersey.
Pennsylvania Personal Injury Information Center
- Defining Negligence in Pennsylvania Trial Law
- Recoverable Damages in a Philadelphia Personal Injury Lawsuit
- Types of Personal Injury Cases in Pennsylvania
Negligence means that a person failed to act in a way they were supposed to, and because of that failure, a person was wrongly injured. To prove negligence, the plaintiff, or person filing the lawsuit, must prove four elements against the defendant, or person being sued. The plaintiff must prove these elements with a preponderance of evidence, meaning he must show that, more likely than not, what he or she is saying is true.
The four elements of negligence are:
- Duty: The defendant must have had a duty to act a certain way. For most people, this is a duty to act as a "reasonable person" would in the situation in question. A reasonable person, for instance, would not drive drunk.
A property owner has specific duties to people on their property, depending on why the person is on the property. The property owner may have a duty to warn the person of any potential dangers, for instance.
Professionals have a duty to act according to the standards of their profession. For example, doctors must act according to the standards of the medical profession.
- Breach: The defendant had to have failed to act according to this duty, or breached it.
- Causation: The breach must be the actual cause and the proximate, or legal, cause of damages the plaintiff suffered.
- Damages: The plaintiff must have suffered damages as a result of the breach.
There are three basic types of damages you can recover in a negligence action.
Economic damages are the damages that you can show via hard facts that you suffered: bills, receipts, paychecks, etc. These included compensation for property damage, hospital bills, doctor's bills, physical therapy bills and lost wages. They can also include economic damages that you will suffer in the future, like lost ability to work.
Noneconomic damages include the less tangible damages that you suffered, but that you suffered all the same. These could include pain and suffering, loss of life's pleasures, disfigurement, and embarrassment and humiliation.
Punitive damages are damages that are awarded to punish people for particularly bad acts. These are rarely available, but your Philadelphia trial lawyer can review your case and determine whether you might be eligible.
In most cases, you will be up against an insurance company. It may be for an auto liability policy, a homeowners' or general liability policy, or a malpractice liability policy. They all have one thing in common: They are trying to get out of this situation with paying you as little as possible.
They'll do almost anything to do it. They may offer you a settlement and say it's the best you'll do. Don't believe them. Settlements are always negotiable, and your lawyer can do the negotiating. Once they make another offer, it's up to you whether to accept it. If you don't, our trial attorneys can take the insurance company to court.
Auto Accidents: Auto accidents are the most common source of personal injury claims. You may suffer property damage to your car and bodily injury — possibly serious bodily injury.
Premises Liability: Property owners owe a duty to people they invite on their property a duty to keep the property safe — particularly businesses that invite customers to come shop or otherwise conduct transactions. If there's a slip and fall or other accident, the owner may be liable.
Medical Malpractice: Doctors and other medical professionals owe a high duty of care to their patients. When they fail, the results can be devastating.
Workplace Accidents: We spend a good deal of time at work, and some of us have dangerous jobs. But even those with office jobs can be injured. When they do, they have a right to recover.
Wrongful Death: Perhaps the only thing worse than losing a loved one is the injustice of losing a loved one due to the wrongful acts of others. You can seek justice through the civil courts.
Alva & Shuttleworth, LLC | Philadelphia Trial Attorney
If you've been injured by the negligent actions of another person, you can seek to be compensated for your losses through a personal injury lawsuit. A dedicated Philly personal injury lawyer can fight for you to recover what you deserve. We are aggressive lawyers who will take on insurance companies and the most complex of cases confidently. Call us today at (215) 665-1695 to schedule a consultation.