Common Questions About Personal Injury

If you have never filed a personal injury claim before, you probably have some questions. Filing a claim can be very rewarding, but it is important to understand how the process works. While the details of your situation will shape much of your case, there is some information that can be helpful to have ahead of time.

Below are some commonly asked questions about personal injury claims. We hope you find them helpful. If you have additional questions, don't hesitate to schedule a free consultation.

Who can bring a personal injury claim?

A personal injury claim can be filed by the individual who suffered an injury or by someone else on behalf of that person. In most cases, the victim is bringing the claim. However, if the victim is incapacitated or died in the accident, someone else can file the claim on their behalf.

Additionally, a family member can file a claim of their own — even if the victim is also filing a claim — to seek compensation for damages they incurred as a result of their loved one's injuries. For example, the spouse of a person who was severely injured may file a claim for loss of companionship.

What is the preponderance of evidence?

In a civil lawsuit, proving that negligence caused the injuries of the victim is based on a preponderance of the evidence. The preponderance of evidence means showing that it is more likely than not that negligence occurred. This is very different from criminal cases, in which prosecutors must prove beyond a reasonable doubt that the defendant committed the crime. It is significantly easier to provide a preponderance of evidence than to prove something beyond a reasonable doubt.

Who can bring a wrongful death claim?

Pennsylvania law states that only the personal representative of the deceased individual may file a wrongful death claim. The personal representative is either designated in the decedent's will or by the court if there is no will. While the personal representative is the only one who can file the claim, others may benefit from a successful claim. In Pennsylvania, those people include the victim's spouse, their children and their parents.

How much compensation can I receive?

The answer to this question depends entirely on the details of your specific question. It depends on your past and expected future medical expenses, whether your injuries prevented you from working and other effects of the accident.

When should I call a lawyer?

If you believe you were injured or your loved one died because of someone else's negligence, it is wise to contact an attorney as quickly as possible. Although the statute of limitations for filing a personal injury claim is two years, the sooner you start building your case and collecting evidence, the better.

Ask Us More Questions In Your Free Consultation

At The Law Offices of Mitchell Clair, your first consultation is free. We can review your case and help you understand what your options may be. Call us at 610-228-4371 or 888-365-2811, or complete a contact form online. We serve clients throughout Montgomery County, including in Blue Bell and Lafayette Hill.