In 2019, the latest year for compiled statistics, over 4,000 individuals in York County suffered injuries severe enough to be rushed to the hospital. Those medical treatments cost, on average, more than $34,000, according to the Pennsylvania Department of Health. Falls were the number one cause of injury, accounting for 58%, followed by accidents involving vehicles.
When you've suffered an injury due to the negligent actions of someone else, you have the right to pursue fair financial compensation to help pay for your medical bills, cover for lost wages due to an inability to work, and repair any associated property damage.
If you’ve been injured in or around York, Pennsylvania, and feel another party is to blame, contact Korey Leslie, Attorney-At-Law, LLC. Our firm has been dealing with personal injury claims for more than 10 years and stands ready to assist you in recovering the just compensation you deserve. In addition to York, we are proud to serve the legal needs of individuals and families in Lancaster, Harrisburg, and Camp Hill, Pennsylvania.
The first thing to know about filing a personal injury lawsuit in Pennsylvania is that there is a two-year statute of limitations. The clock starts ticking from the date of the accident and expires exactly two years later. If you try to file after that date, the court will most likely reject your claim.
The second thing to know is that Pennsylvania observes the modified standard of comparative negligence. This means that, though you’re the victim, if you somehow contributed to the accident or incident that caused your injury — you will be assigned a portion of fault, and any settlement you win will be reduced by the amount of fault you have been assigned.
For example, say you have been struck in the rear while driving and you end up in the hospital with neck and back problems. However, when the accident occurred, you had one rear tail light that was broken before the accident.
The jury — or even the insurance claims adjuster — will likely assign some portion of blame to you. If your portion of fault is deemed to be 25% and you are awarded $100,000 in compensation, that sum will be reduced by 25% to $75,000. Additionally, if you are ever assigned 50% of the fault or more for an accident, you will be barred from pursuing any compensation.
Pennsylvania is considered a “choice” no-fault automobile insurance state. This means that, when you’re injured in an auto accident, if you’ve purchased the less expensive insurance option — known in legal terms as a limited tort — your own insurance company will cover your medical expenses and lost wages up to the limits of your policy.
You can only seek personal injury recovery from the other driver if your injuries are deemed serious, which generally means permanent disfigurement or serious impairment of a bodily function. It’s often a fairly high bar to meet.
However, If you purchase the more expensive insurance option — known as full tort — then you can sue the other driver for medical expenses and lost wages, and even for non-economic damages such as pain and suffering, without having to prove serious injury.
Regardless of the policy type you purchase, you are free to seek property damage recovery from the other driver without limitation.
In the statistics we cited at the beginning, falls were the largest cause of hospitalizations for injuries. If you fall on someone else’s property, whether it’s residential or commercial, and the fall results in injury, you can seek compensation under what is known as a premises liability claim.
Premises liability means that the owner or renter of any property must maintain the premises in a safe condition. If, for instance, there are hazards that could result in someone falling backward and hitting their head, those hazards must be cordoned off or isolated with warning signs. This is what is called, “exercising a reasonable duty of care.”
Renters and owners generally must carry liability insurance to cover accidents like slip and falls, as well as other incidents resulting in injuries — but they can also be sued for personal liability if the victim can prove negligence.
If you do end up going to court to seek compensation for your injuries, whether from a vehicular accident, a fall on someone’s property, or any other incident, you’ll need to prove that the other party was negligent. This means:
The other party had a duty of care toward you
The other party breached that duty of care
That breach resulted in your injuries
Those injuries resulted in damages for which you are entitled to compensation
Insurance policies generally cover only actual medical expenses and wages lost to your inability to work, and those damages are capped in the policy. With a personal injury lawsuit, you can expand the range of damages available to include non-economic factors such as pain and suffering and loss of consortium (companionship).
You may feel overwhelmed and stressed while recovering from an injury. The last thing you want to do is argue back and forth with insurance claims adjusters, whose basic mission is to minimize or deny your claim. Allow our firm to deal with the insurance companies while you recover from your injuries.
Korey Leslie, Attorney-At-Law, LLC will also investigate the circumstances that led to your injuries, work to determine who is responsible, and help you explore all of your legal options — including whether you should file a personal injury lawsuit. So if you or someone you know has been injured due to someone else’s negligence, don’t wait. Call or reach out to our firm today to schedule a free case consultation.
If you’ve been injured in an accident anywhere throughout the York, Pennsylvania area, contact Korey Leslie, Attorney-At-Law, LLC, immediately. Our firm will do everything we can to help you pursue just compensation for your injuries while you focus on your recovery. Our firm is proud to serve the legal needs of individuals and families in York, Lancaster, Harrisburg and Camp Hill, Pennsylvania — so call today to schedule a free case evaluation.