Montgomery County Personal Injury Lawyer
If you or somebody you care about has been injured due to the negligent actions of another individual, you need to turn to an experienced Montgomery County personal injury lawyer as soon as possible. At Wilk Law, our team has the resources necessary to go head-to-head with aggressive insurance carriers and at-fault parties to ensure that you recover the compensation you are entitled to. We will not back down, and we have no problem taking your case to trial if necessary.
Why Choose Wilk Law for Your Claim?
A serious personal injury accident can affect your life both now and for years to come. You may face expensive medical bills, property damage, lost wages, and ongoing monthly expenses you cannot afford. If you or a loved one suffered injuries through no fault of your own, call Wilk Law for an honest evaluation of your claim and an assessment of any damages you are owed.
- Proven successful;
- Recognized for excellence in the legal community;
- Compassionate and capable; and
- An established law firm with decades of combined experience.
Contact Wilk Law online or call today at (855) 946-3678 and schedule your complimentary consultation. We have the knowledge and resources to pursue even the largest insurance companies and corporations. At Wilk Law, there are no upfront fees or any costs until we win your claim.
Montgomery County Personal Injury Resources:
- How a Montgomery County Personal Injury Attorney Can Help
- What is a Personal Injury Claim in Montgomery County?
- What is the Pennsylvania Personal Injury Claims Process?
- Common Personal Injury Accidents in Montgomery County
- Examples of Catastrophic Injuries
- Compensation for Montgomery County Personal Injury Accidents
- How Much Compensation is Available in a Montgomery County Injury Case?
- Understanding Partial Liability for a Personal Injury Claim
- Time Limit for Filing a Montgomery County Personal Injury Claim
- Steps You Can Take After an Injury Occurs
How a Montgomery County Personal Injury Attorney Can Help
Always take the important first step of meeting with a personal injury attorney like ours at Wilk Law for personalized advice regarding your claim. Personal injury claims, even those that seem relatively cut and dry on the surface, are often more complicated than they appear. Unless you have the time, knowledge of the law, and legal experience of a personal injury attorney, you may be better off handing your case to a professional.
At Wilk Law, our personal injury attorneys handle every aspect of your claim. This includes, but is not limited to:
- Managing all insurance company correspondence;
- Notifying creditors of your pending claim;
- Investigating your accident;
- Interviewing witnesses and collecting evidence;
- Identifying all liable parties and sources of compensation;
- Hiring any needed expert witnesses;
- Assessing the value of your losses;
- Settling your claim fairly outside of court; or
- Filing your court case; and
- Proceeding towards trial.
Call Wilk Law before making any statements to or signing any documents from the insurance company at (855) 946-3678. This will help protect your legal rights.
If you already have a settlement offer, bring it to us for a free review. We can advise you if the offer is fair and of other legal options you may have available.
What is a Personal Injury Claim in Montgomery County?
A personal injury is the harm one person suffers due to the negligent actions or recklessness of another person or company. A personal injury claim is how the injured person seeks compensation for their injuries and other accident-related losses.
The money paid out in a personal injury claim not only compensates the victim but also serves as a way to hold any negligent parties responsible for the injuries they caused. Personal injury lawsuits are private lawsuits between private parties.
In criminal lawsuits, the state or local government file and prosecute criminal charges against a private party. The victim in a criminal lawsuit is the state, and punishment includes jail or prison time and restitution of some kind.
What is the Pennsylvania Personal Injury Claims Process?
The personal injury claims process consists of five basic steps. Not all steps are necessary, as most personal injury claims settle before the court process.
- Claim submission. The victim or their attorney files a claim with both the victim’s insurance company and the at-fault party’s insurance company depending on the circumstances of the accident;
- Provide proof. The insurance company appoints a claims adjuster to validate the claim and provide proof of the other party’s negligence and all of the victim’s expenses and total losses;
- Evaluate any settlement offers. The claim is either denied, or the insurance adjuster advances a settlement offer. The victim’s attorney will offer advice as to the reasonableness of the settlement offer;
- Negotiations. The victim makes a counteroffer and enters negotiations. If there is no mutual agreement, a lawsuit begins;
- File a lawsuit. Settlement attempts continue until trial. At trial, the attorneys for the victim and insurance company argue for their sides and present evidence. The judge will make a ruling on the evidence.
It is never wise to represent yourself, even if you are an attorney. There is a saying, “the attorney who represents him or herself has a fool for a client.” Whenever possible, consult with an attorney and get an educated, unemotional opinion and sound advice regarding your personal injury claim.
Common Personal Injury Accidents in Montgomery County
Personal injury claims arise from personal injury accidents. The most common personal injury accident is a car accident in Montgomery County. Some other common personal injury accidents are:
- Motorcycle accidents;
- Commercial truck accidents;
- Bicycle accidents;
- Medical malpractice;
- Premises liability injuries;
- Workplace accidents; and
- Wrongful death.
The most severe personal injury that can occur in a personal injury accident is a catastrophic injury. A catastrophic injury is any injury that “permanently prevents an individual from performing any gainful work.”
Catastrophic injuries are usually the result of permanent brain or spinal cord damage and include:
- Spinal cord injuries, including paralysis;
- Head and brain injuries, including traumatic brain injury (TBI);
- Amputations; and
- Severe burns.
Compensation for Montgomery County Personal Injury Accidents
Severe injuries, especially catastrophic injuries, have a lifelong impact on personal injury victims. Therefore, compensation for significant injuries must cover current and future accident-related needs.
Potential recovery for personal injury claims may include any of the following and more:
- Medical expenses;
- Loss of income;
- Lost earning potential;
- Property damage;
- Physical therapy and rehabilitation;
- Accommodations for disabilities;
- Pain and suffering;
- Mental and emotional anguish;
- Scarring and disfigurement;
- Loss of interest in life;
- Loss of quality of life; and
- Wrongful death.
What Damages Can Be Recovered in a Personal Injury Case?
There are various factors that can affect how much compensation an individual receives as a result of a successful personal injury claim in Montgomery County. There is no set amount of money paid out for personal injury claims in Pennsylvania. Rather, some of the factors that can affect total compensation amounts include the following:
- The severity of the injuries
- The totality of medical expenses
- Expected future medical bills caused by the injury
- Lost wages resulting from the injury
- Out-of-pocket household expenses
- Property damage expenses
In addition to these relatively calculable economic losses, we must also take into account the non-economic expenses associated with personal injuries. This includes pain and suffering damages, loss of quality of life damages, and even loss of consortium damages for a spouse or other family members.
Understanding Partial Liability for a Personal Injury Claim
In Pennsylvania, one of the most common tactics that insurance carriers and at-fault parties will use is to try and blame the injury on the victim. If the other parties successfully shift fault to the injury victim, they may be able to get out of paying compensation.
However, Pennsylvania operates under a “modified comparative negligence” system. This means that an individual may still be able to recover compensation even if they are partially at fault. If a person is 50% or less responsible for their injuries, they will still be eligible for financial recovery from an at-fault party. Any individual more than 50% responsible for causing their injury will be unable to recover compensation.
However, the total amount of compensation a person receives will be reduced based on their percentage of fault. For example, if an individual sustains $10,000 worth of medical bills as a result of a slip and fall injury, but they are found to be 30% at fault for the injury, they would receive $7,000 instead of a full $10,000.
We need to point out that Pennsylvania is a “choice no-fault” state when it comes to vehicle accident claims. If individuals have no-fault insurance when an accident occurs, they will turn to their own insurance carrier to recover compensation for their losses, and the fault of the other party generally will not apply unless certain injury thresholds have been established
Time Limit for Filing a Montgomery County Personal Injury Claim
It is imperative that personal injury victims file their claims as soon as possible. First, insurance carriers typically have very strict reporting deadlines in PA. Often, an insurance carrier requires that an injury be reported within a day or two after the incident occurs. Failing to file a claim with the insurance carrier promptly could result in a claim delay or denial.
Additionally, the Pennsylvania personal injury statute of limitations is two years from the date an injury occurs. If an injury victim fails to file a lawsuit against the alleged negligent party within this two-year timeframe, it is unlikely that they will be able to receive compensation for their losses. The court will likely throw out the case.
Steps You Can Take After an Injury Occurs
If you or a loved one sustain an injury caused by the actions of another individual in Montgomery County or the surrounding areas in Pennsylvania, there are various steps that you need to take in order to have the best chance of recovering compensation for your losses. We understand that the aftermath of an injury can be a chaotic time, and you may not be able to take all the steps in this exact order. However, we encourage you to do everything possible just set yourself up for success with your injury claim. The steps that we encourage include:
- Seeking medical care no matter what. It is crucial for any injury victim to seek medical treatment as soon as possible. For severe injuries, this may include taking an ambulance to the hospital from the scene of the incident. However, we understand that not every injury is catastrophic or even immediately apparent. Any person involved in an incident needs to seek medical treatment from a doctor as soon as possible. This establishes a direct link between the incident and any injuries that may occur, and it also helps ensure that you receive prompt medical treatment for any hidden injuries.
- Reporting the incident to appropriate authorities. You should report the injury to the appropriate authorities as soon as possible. Depending on the situation, the reporting authority will be different. For example, vehicle accidents in Montgomery County need to be reported to law enforcement officials so they can conduct a preliminary investigation. Workplace injuries should be reported to supervisors. Premises liability incidents, such as slip and fall claims, should be reported to the property owner or an employee immediately.
- Gathering as much evidence as possible. If it is safe to do so at the scene of an injury, those involved can begin gathering as much evidence as they can. Yes, we understand that it may not be possible to gather evidence right away, but if you are able to, we encourage you to get out any type of camera you have. You should take pictures of injuries, the incident scene, debris, causes of the injury, and more. Additionally, if there were any eyewitnesses to the incident, you need to get their name and contact information before they leave the scene so they can be contacted later on to give their statements.
- Contacting your insurance carrier. You need to contact your insurance carrier and let them know that the injury occurred. However, you do not have to go into much detail about the incident. They just need to know that the incident happened, the names of other individuals involved, and that you are seeking medical treatment.
- Speaking to a skilled personal injury lawyer. At any point after the injury occurs, we strongly recommend you contact a Montgomery County personal injury lawyer who can help you with every aspect of your claim.
Call a Montgomery County Personal Injury Lawyer Today
All personal injury claims are different and have different types and amounts of compensation available to victims. If you would like to know more about compensation in your specific case, call the personal injury attorneys at (855) 946-3678 or contact them online for personalized information.
Wilk Law understands how complicated and confusing the personal injury claims process can be for you and your family. We are here to answer your questions at no charge and ease your mind about moving forward with your claim.