Product Liability Lawyer

The value of a personal injury claim in Pennsylvania is based on several factors, all of which are aimed at compensating the victim for their damages. Some key considerations include:

• Medical Expenses: This includes the cost of hospital stays, surgeries, medications, rehabilitation, and any future medical treatment required as a result of the injury.
• Lost Wages and Loss of Earning Capacity: If your injuries cause you to miss work, the claim will include compensation for lost income. If the injury affects your ability to work in the future, the claim can include compensation for loss of earning potential.
• Pain and Suffering: Pennsylvania allows victims to claim damages for both physical pain and emotional suffering caused by the injury. This includes chronic pain, mental anguish, and loss of enjoyment of life.
• Property Damage: In cases such as car accidents, you may also be compensated for any property damage, such as vehicle repair or replacement costs.
• Comparative Negligence: Pennsylvania follows the “comparative negligence” rule, which means that if you are partially at fault for the accident, your compensation may be reduced in proportion to your share of the fault. However, if you are more than 50% responsible, you may not recover any damages.
• Severity and Long-Term Impact: Injuries that result in permanent disability or require long-term care, such as spinal cord injuries, traumatic brain injuries, or severe burns, typically lead to higher compensation due to their lasting impact on your life.

An attorney can evaluate these factors and work with you to estimate a fair settlement based on the unique circumstances of your case.

‍

• Seek Medical Care: Address any injuries by getting medical attention. Ensure you keep records of your treatment and medical expenses.
• Preserve the Product: Keep the defective product and its packaging intact for inspection. This evidence is crucial for establishing a defect.
• Document the Incident: Record details about how the injury occurred, including how the product was used and the nature of the defect.
• Report the Defect: Notify the manufacturer or retailer of the defect and your injury. This can sometimes lead to a recall or other corrective actions.
• Consult a Product Liability Attorney: An attorney specializing in product liability can help determine if you have a case based on the defect, gather evidence, and pursue compensation for damages.

‍

• Injury or Harm: You must have suffered physical, emotional, or financial harm due to another party's negligence or intentional misconduct. Common injuries include broken bones, head injuries, or emotional distress.
• Negligence: Determine if another party’s negligence caused your injury. Negligence involves a failure to exercise reasonable care, such as a driver running a red light or a property owner failing to maintain safe conditions.
• Causation: Establish a direct link between the negligent behavior and your injury. This means proving that the harm you suffered was a direct result of the other party’s actions.
• Damages: Evaluate the damages you have incurred, such as medical expenses, lost wages, and pain and suffering. You need to quantify these damages to pursue compensation effectively.
• Consult an Attorney: Personal injury lawyers offer free consultations to assess the viability of your case. They can help determine if you have a valid claim based on the specifics of your situation.

Contact your Philadelphia personal injury attorney, John D. Pallante today!