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Pennsylvania
Personal
Injury Law
The following summary of Pennsylvania personal injury laws and theories
of liability
will help you understand important aspects of injury claims in this
state.
Pennsylvania Statute of Limitations:
Personal
Injury: 2 years for negligent conduct
Medical
Malpractice: 2 years
Product
Liability: 2 years
Wrongful
Death: 2 years
Libel and
Slander: 1 year
Caps on Personal Injury Awards in Pennsylvania:
The non-economic personal injury award may not exceed $500,000 for medical
malpractice cases; this amount increases each year.
Pennsylvania Serious Injury Threshold:
There is no serious injury threshold in Pennsylvania but you must be
able to prove you've incurred damages before you can establish a
personal injury case.
Pennsylvania
is a No-Fault state and follows the modified comparative
negligence – 51% theory. Meaning that each driver's insurance company
will pay for any injuries, then go through subrogation with each other.
If the plaintiff is more than 50% at fault in the accident they are
prevented from recovering for their damages.
Personal Injury Claims & Liability Laws
in Pennsylvania:
Product
Liability Lawsuit: When products are manufactured,
designed and/or distributed into the stream of commerce for use and
consumption by consumers, and they subsequently injure a consumer using
them, the manufacturer, designer or distributer will be held strictly
liable for the injuries.
Workers
Compensation Law: In
Pennsylvania, employers are required to carry workers compensation
insurance to cover the medical bills of any employees who are injured
in the scope of their
employment.
Wrongful
Death Case: When a party dies due to the negligence of
another, regardless of what the defendant was doing, the negligent
party will be liable to the decedent's estate for future income
(adjusted by inflation) and things like loss of companionship and
affection.
Medical Malpractice:
When physicians do not perform according to the accepted standards of
practice, they can be held liable for any damages that result. It must
be proved that the treating doctor was negligent in their
administration of care.
Slip and
Fall Accident: Property owners need to maintain their
premises in a safe manner, make inspections looking for possible
dangerous conditions and then notify others of any dangerous conditions
which they find. When a property owner fails to do this and someone is
injured as a result, the owner will be liable for those injuries.
Auto
Accident Claim: Automobile drivers must not operate their
vehicles in such a negligent way as to injure passengers, other drivers
or pedestrians. When they do, they will be liable for personal injury
and property damage that result.
For More
Information Check out these sites:
Official
Pennsylvania State Government Website
Pennsylvania
State Bar Association
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Injury Laws
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