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Elements of negligence are the same for catastrophic injury in Pittsburgh PA.

Pennsylvania – October 31, 2020

Scanlon & Wojton accident attorneys can build a wining case for a catastrophic injury claim supported by personal injury laws in Pennsylvania. Catastrophic injury claims include permanently debilitating, life-altering injuries that require a lifetime of personal care and medical care.  An experienced personal injury attorney can value a claim based on the types of catastrophic injury suffered, to include brain injury, spinal cord injury, amputations, bur injuries, multiple bone fractures and internal organ damage associated with several different medical problems and a wide range of personal physical damage resulting in:

  • Permanent impairment
  • Total disability
  • Scarring
  • Limb loss
  • Shortened lifespan
  • Paralysis
  • Extensive pain-and-suffering and rehabilitation period
  • Multiple medical issues

Catastrophic injury.

A victim who sustains a catastrophic injury usually requires extensive surgery, physical therapy, and a lengthy recovery. Even after medical care and physical therapy, a person typically has a permanent impairment. Valuations are made based on present and future care and percentages of residual disabilities. Multiple financial awards can be compounded if a personal injury attorney can prove negligence against the person who caused injury in court. Medical issues are considered for non-economic compensatory recovery and punitive damages are based on a higher level of fault assigned to the individual who caused harms.

Damages.

An accident attorney can explain the difference in damages .Special damages are the primary consideration of any injury claim, which are definitive financial damages based on medical bills and lost wages when the injured party is unable to work after the accident and into the future. General damages are where the claimant is made whole in the compensation process, those being the claims for pain-and-suffering associated with ongoing medical issues. When a Pennsylvania accident attorney builds a strong case, awards can be higher.

Elements of negligence.

  1. Duty of Care — a duty of care must have been owed to the accident victim by the defendant. A duty is to exercise reasonable care to avoid causing harm to another person.
  2. Breach of Duty —A breach of duty can be the result of a person’s actions or his inactions. It must be proven that the person who caused harm did not exercise reasonable care.
  3. Causation —  it must be proven that the breach in duty of care was directly related to the harmful loss.
  4. Damages — Damages are a measurement of physical injuries and emotional suffering in addition to the financial damages incurred directly resulting from the injury, or harm.

Hire a lawyer.

Call an accident attorney in the Pittsburgh area to assist in the determination of  “fault” and move forward with a legal proceeding. An experienced accident lawyer at Scanlon & Wojton will fight for your rights for a comprehensive insurance settlement, or court award to cover damages.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219

Phone:  (412) 918-1241

Fax: (412) 235-7275

Sources.

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.085.053.000..HTM

https://www.dot.state.pa.us/Public/DVSPubsForms/BMV/BMV%20Forms/AA-600.pdf

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTM

 

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