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Pennsylvania Follows Shared Fault Rules for Personal Injury Claims

Personal injury claims help the victim get the compensation they need to get their life back on track again. In Pennsylvania, shared fault rules will apply when a person files a personal injury claim, specifically modified comparative negligence. These rules entail that a person will get a fair amount of compensation even if they were at fault. However, their total settlement will be reduced based on how much of the accident is actually their fault. The more negligent they were, the less compensation they will get.

However, there is a limit to how negligent a person can be before they are compensated. Individuals can only be compensated if they are less than 50% to blame for the accident. Anyone who is more than 50% at fault can not collect anything from the other parties. 

The courts are obligated to follow this rule when a personal injury lawsuit comes up so individuals should make sure they take every precaution to try and follow the correct legal protocol. Reducing their fault, even by a small amount, can make a big difference in how much compensation they get at the end of the day.

It is important to keep in mind that if the injuries were sustained in a car accident case, then no-fault laws apply. This means that only in car accident cases will an injured person have to turn to their own insurance to get properly compensated for their loss. For other accidents, they can turn to the other insurer and even file a lawsuit against the other party until they are given a fair amount of compensation. 

When is the Right Time to File a Personal Injury Claim in Pennsylvania?

Anyone who wants to file a personal injury claim in Pennsylvania should make sure they act as soon as possible. Delaying unnecessarily can make it harder to link one’s injuries and losses to the actual accident. Individuals should seek medical attention right away and they should also get in touch with a personal injury attorney without delay as well.

Taking too long to react may make a person miss out on essential time-sensitive evidence, and it also increases the risk that they will exceed their statute of limitations. Once the statute of limitations is passed, then individuals can no longer legally file a claim and they will lose the original compensation that was due to them.

Contact an injury lawyer at Scanlon and Wojton, Attorneys at Law today to get help with filing a personal injury claim and to improve one’s chances of getting fairly compensated for any losses. 

Reach them at:

The Mitchell Building

304 Ross Street, 2nd Floor

Pittsburgh, PA 15219

Pennsylvania Cities

 

(412) 918-1241

[email protected]

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