A common lawsuit filed in Pennsylvania is the personal injury suit. According to the 2023 Pennsylvania Crash Facts & Statistics report by the Pennsylvania DoT, while the overall number of crashes decreased annually, the number of fatalities increased. The overall annual total is still significant, with around 1,200 fatalities and around 67,000 total injuries.
Thousands of slip and fall lawsuits are filed yearly in Pennsylvania, caused by wet or icy conditions, precarious pavement, rug placement, and staircases.
Personal injury cases can also cover the following:
- Medical Malpractice
- Animal/Pet Attacks
- Product Liability
- Wrongful Death
- Workplace Accident
Injuries from near-fatal car crashes may differ from minor injuries obtained in a slip and fall. The details of the event and injury will affect the case’s monetary value or otherwise the case’s worth.
Case worth is dependent on multiple factors, including the severity of the accident, insurance (or lack thereof), physical vs. emotional pain, and the cost of care post-accident, among others. Determining the case’s value involves keeping comprehensive documentation of the steps taken moments before the accident to the present.
Historically, most personal injury cases are settled outside of court, meaning the suit does not go to a jury but is negotiated between the lawyers, insurance companies, defendants, and claimants. Keep in mind that Pennsylvania’s Statute of Limitations has a two-year lookback from the date of the injury. For injuries that occur to minors, the statute of limitations will always start when the claimant turns 18.
It is crucial to keep documentation of everything related to the injury. This can include photographs of the injury or healing process, doctors’ evaluations and bills related to the injury, any missed time or alterations in one’s work schedule resulting in lost income, etc. Consulting an attorney sooner rather than later can help with organizing and recollecting memories.
Pennsylvania’s Comparative Negligence
In Pennsylvania, personal injury or death cases are evaluated to determine the percentage of fault between the claimant or defendant (42 Pa. Cons. Stat. § 7102(a)). If you were found to be more than 50% at fault (51% or more), you will not recover any compensation for your lawsuit.
Personal Injury Mediation (Insurance and Lack Thereof)
Insurance companies should be among the first points of contact following any emergency or medical services. Your insurance policy may require you to report your injury to your insurance as soon as you are able. The role of the insurance company is pivotal to one’s case worth. The responsible party’s insurance company is responsible for defending the claim or negotiating a settlement. This is where the lawsuit may require a mediator.
In mediation, representation for the defendant and claimant work to negotiate a settlement outside of court prior to trial. In the chance of an impasse, the parties may proceed to litigate in court.
Faux Results from Case Worth Calculators
While the internet is a great place to learn new information and get a better understanding of your case, most claimants rely too much on the tools provided to estimate their case worth. Some sites, and even law firms, provide a free-to-use calculator to estimate one’s case worth. This can create a misunderstanding between the client and the lawyer. Often, that value is only an estimate and is not indicative of the actual settlement.
These calculations may provide a ballpark estimate of your case’s worth. They could determine if the case is worth seeking at all, but there is inevitably no real way to calculate damages in a court of law. Judges and juries are not provided with an equation and fill in the blanks to calculate a settlement. Rather, a series of indicators are considered to determine the case’s worth.
Some cases are based on age and how personal injury has affected the individual:
- Loss of Future Earnings
- Work-Life Expectancy
- Seriousness of Injury
- Medical Treatment Received
- Future Medical Expenses
These values will all change depending on location, age, life expectancy, medical expense estimations, etc. Unfortunately, older clients close to retirement who are pursuing a personal injury lawsuit may find that a younger counterpart would receive a higher settlement. There are too many factors that affect case worth to rely solely on a free calculator online.
When considering whether to pursue a lawsuit for your personal injury case, it is always best practice to consult an attorney first. While case-worth calculators may provide a rough estimate, one should not expect the settlement to be the exact same.
Hon. Emil Giordano (Ret.) is an attorney and member of Norris McLaughlin, P.A. in its Allentown office. He is co-chair of the firm’s Litigation Practice Group. He focuses his practice on estate, commercial litigation, mediation, and arbitration.
