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Philadelphia Personal Injury Lawyers

Helping Personal Injury Victims in Pennsylvania and New Jersey for 20 Years

When you have been injured due to someone else’s negligence, the first steps toward receiving the compensation you deserve can be confusing. While finding the right personal injury lawyer is imperative when making a claim, it is more important to consider your own health and safety first.

Get Medical Treatment

Before anything else happens, it is the most important that you are checked out by a doctor or at a hospital. Not only is this the right decision when it comes to your health, but it can also help when it comes to filing a claim later on. One of the most important aspects to a personal injury claim is having the proper documents to prove your injury along with the information from a doctor to show the severity of that injury.

Choose a Lawyer

Regardless of how big or small the claim, it pays to have legal representation in an injury claim. It is best to find a lawyer as soon after your injury as possible. To find the right representation, it is important to ask the right questions. These questions will change based on the person and injury. Some examples include what cases the attorney has previously handled, what they consider their specialty focus, and how much they have previously recovered for similar cases.

Compensatory Damages in Personal Injury Cases

In a personal injury case, the victim is rewarded compensation for their losses due to an accident or injury. Due to this distinction, they are classified as “compensatory” damages. The award is designed to fill in the financial or emotional gaps created by the injury or damage. Some damages are easy to assign a number to, such as medical bills and loss of property, such as replacing a car. However, some are a bit more complicated, such as putting a monetary value on pain and suffering or an inability to enjoy life. Examples of compensatory damages include:

  • Medical treatment
  • Loss of income
  • Property loss
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment
  • Loss of consortium

How Plaintiff’s Actions (or Inaction) Can Affect a Damages Award

Time is of the essence when it comes to collecting damages after you have been injured. While you may have received a fair amount if you pursued your case immediately following your accident, waiting too long can substantially diminish the amount you can claim, and in some cases, can lead to be unable to collect any damages at all. An experienced personal injury lawyer will know the statute of limitations that apply in your case.

Some cases where you may be at risk for losing some compensation include:

Comparative negligence. If you are found to have any part leading to an injury or accident, even if the other person was found to be primarily at fault, this may be reflected in your award.

Contributory negligence. Similar to comparative negligence, the plaintiff’s part in the injury can lead to a lesser award. In this case, the plaintiff is at risk for not receiving any damages, due to having played a part in their injury.

Failing to mitigate damages after the accident. In many states, it is up to the plaintiff in a personal injury case to mitigate the financial loss after an accident, within reason. This includes someone not immediately seeking medical attention following an accident, leading to a worse injury. This generally applies to those who do not follow the proper steps, do not heed medical advice, or other actions or inactions that lead to a worse medical or financial standpoint that could have been avoided after the accident, and to no fault of the defendant.

Our Philadelphia personal injury law firm handles all types of injury claims including but not limited to:

Philadelphia Personal Injury Lawyers at Nerenberg & Gagliano, P.C., Represent Victims who have Suffered due to the Negligence of Another Person

When you are involved in an accident or have suffered an injury due to another person’s negligence, it can be confusing how to proceed. Rather than tackle the responsibilities of following through after you have been hurt, consult our team of Philadelphia personal injury lawyers at Nerenberg & Gagliano, P.C. today. We will walk you through each step of your claim to ensure you receive all entitled compensation. For a free consultation, call us at 215-569-9100 or contact us online. With offices conveniently located in Center City Philadelphia, we serve the greater Philadelphia area, Southeastern Pennsylvania and South Jersey.