General Frequently Asked Questions
If you have been injured in an accident, you may not know the steps that you should take to protect your rights. For your convenience, we’ve outlined below some brief answers to the most frequently asked questions we receive. Keep in mind, each person’s situation is different and we advise you to contact us to discuss the unique circumstances of your injuries.
If you have been injured an accident, the most important priority is getting medical attention. Assuming that you are not taken to the emergency room immediately, you should take photos or videos of the accident scene and get the contact information of any witnesses. You should not admit fault or apologize to anyone else who was involved, even if it seems like a polite thing to do. Anything that you say in the aftermath of an accident can be used against you if you pursue a claim or lawsuit later. If you suspect that someone else may have been at fault, you should set up a consultation to discuss your options. The first consultation is always free.
You do not need to make this decision on your own. Contact us and set up a free consultation to go over your situation in detail. We will be able to tell you whom you can sue and what you can expect to recover, based on the facts of the accident and the laws.
You may still have a case even if you do not feel hurt at the scene. The biological response to a traumatic situation like an accident sends a rush of adrenaline through the body, which can temporarily reduce sensations of pain. You may start feeling significant pain or developing other symptoms later. It is wise to consult a doctor even if you do not feel immediate, excruciating pain, since some of the most serious conditions emerge over time.
This will depend on the statute of limitations in your state. A personal injury case may need to be filed within a year of the accident, or you may have as much as four years to file. You should check the rule in your state to make sure that you do not accidentally waive your rights. There are some exceptions to the statute of limitations, but they are very narrow, so you should not assume that an exception applies. As a practical matter, moreover, you should try to pursue a claim as soon as possible while the evidence is still fresh. This will help you prove liability and the scope of your damages.
You should not speak with an insurance adjuster for someone else involved in the litigation. They may seem friendly and sympathetic, but they are almost certainly trying to coax statements from you that would reduce or eliminate the liability of their insured. Tell the insurance adjuster to contact your attorney, if you have retained an attorney, or contact your insurance company, if you do not have an attorney. The same points apply if an attorney for someone else contacts you.
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Traumatic Birth Injury
In Pennsylvania, if an injury happens to a child under the age of 18, the two-year statute of limitations doesn’t begin until his or her 18th birthday. In other words, an individual has until age 20 to file a lawsuit for personal injuries which occurred while they were under the age of 18.
An attorney can investigate the case, gather medical records, consult medical experts, negotiate with insurance companies, and represent the injured party’s rights in court if necessary.
Liability is typically established through medical records, expert testimony, and evidence showing that the healthcare provider’s actions or omissions caused the injury, and fell below the standard of care.
Common causes include prolonged labor, which deprives the baby of oxygen causing further brain damage, improper use of delivery instruments (e.g., forceps), delayed or emergency cesarean sections, medical errors, oxygen deprivation, and failure to monitor fetal distress.
Common birth injuries include cerebral palsy, Erb’s palsy, brain damage, nerve injuries, and fractures, among others.
The collateral source rule allows an injured party to receive compensation from the at-fault party even if they have already received benefits from other sources, such as health insurance or government assistance. It prevents the reduction of damages based on these benefits.
Informed consent is essential in medical procedures, including childbirth. Healthcare providers must inform parents of potential risks and alternatives before any intervention. Failure to obtain proper informed consent can be a basis for legal action.
Birth injury cases often fall under medical malpractice law, where the plaintiff must establish that the healthcare provider’s actions deviated from the accepted standard of care, resulting in harm.
Liability can extend to healthcare professionals involved in the birthing process, such as doctors, nurses, midwives, and hospitals, depending on the circumstances.