Insight from Our Pennsylvania Personal Injury Lawyers
Negligence is a key factor in personal injury cases. It occurs whenever a party – whether a person, company, employer, or manufacturer – fails to uphold the standard of care needed to avoid foreseeable harm to another person or their property. Negligence doesn't have to be intentional, so a person may be found negligent even if they had no intent to cause another person harm or damage. Unfortunately, even the smallest amount of negligence could result in a serious accident and injuries.
Pennsylvania has laws in place to protect victims of negligence. Under these laws, an injury victim has the right to pursue compensation for compensatory, punitive, and nominal damages. These may include medical expenses, property damage, time away from work, emotional pain and suffering, and acts of gross negligence.
What Could Be Considered Negligence?
People suffer serious injuries every day. Some of these injuries are caused by car accidents, dangerous products, lack of property maintenance, and various other issues. When another person's negligence led to these injuries, they may be held liable for the damages they caused.
Negligence could be considered any of the following:
- Allowing a defective product to pass through inspection
- Failing to properly test a consumer product, drug, or medical device
- Being distracted while driving and causing an accident
- Getting behind the wheel while intoxicated or drugged
- Allowing dangerous conditions to exist on your property
- Failing to provide proper workplace training and safety
- Violating the standard of healthcare reasonably expected by a patient
Are There Exceptions to Incidents of Negligence?
It is important to understand that while negligence can be broadly defined, there are certain exceptions involved in some cases. For example, a premises liability claim may arise after a person slips due to a wet store aisle. While the property owner has a responsibility to keep their space hazard-free, the patron must also exercise reasonable care. If there was a warning sign or an obvious spill in front of them, the property owner may not be held liable.
Similarly, a car accident may involve multiple at-fault parties. If you were also distracted while driving, you could be held partially responsible for an accident involving a driver who was texting. Comparative negligence will determine if you can pursue damages or not.
Time Limit for Injury Cases Involving Negligence
Depending on the type of accident or incident that caused your injury, you may have limited time to file a claim. Statute of limitations are laws that dictate how long you have to file a claim after another party's negligence caused your injuries.
Typically, most injury and wrongful death cases in Pennsylvania involve a two-year statute of limitations. There may be cases where an extended timeframe is provided, such as in child injury cases. You may also have a shorter time limits to be aware of, for example, if you are bringing a case against a government party.
Need to find out if negligence caused your injuries? Discuss your case with our Harrisburg personal injury lawyers-call (888) 286-2850 or fill out our online form.
Success StoriesA History of Happy Clients
“Kept me up to date on everything”- Lori D.
“Helps you to the fullest”- Cindy R.
“Thank you Zack Campbell!”- Diana B.
“Had a great experience with these awesome people. Their job was done promoting well and they got me way more than I could have imagined. I would Highly recommend.”- Michael C.
“Great Attorneys!”- David S.
“My experience with M&W was made very painless by [Attorney] Lori & [Paralegal] Judy from the Hbg office!”- Kenneth W.
“The lawyers at this office and their staff, Mr. [Attorney] DeVere and [Paralegal] Stephanie, his assistant, became the voice I didn’t have after the accident. They were my points of light.”- Ms. D. Lopez
“You guys were so easy to work with. There was no stress and the whole process was done in a timely manner. I would recommend Metzger Wickersham to everyone. Such a pleasure.”- Sharon B.
“Attorney Painter was simply amazing...My wife had been fighting SSI for over three years. Since working with Metzger Wickersham her stress and anxiety levels were 100% gone.”- Carlos B.
“Outstanding in every way no one has ever helped me more in my entire life like this firm. I highly recommend. Thank you very much.”- Gary K.
Why Choose Metzger Wickersham?
Client-Focused & Results Driven
You are more than just a case number. At our firm, we treat our clients like family and ensure you get the recovery you deserve.
The minute you need us, we are here to help. When you can't visit us, we'll visit you, and when you need answers, we'll give you solutions.
When you trust us with your case, you get a FULL team of dedicated and experienced attorneys working to solve your case.
Decades of Experience
Our team has had our doors open for over 135 years and we have roots dating back to 1888.