If you’ve been injured in an accident in Lancaster, PA — like a motor vehicle collision or a slip and fall or an assault — then you could be entitled to sue for damages. As you approach the possibility of a lawsuit, however, you’ll want to discuss your case with a qualified Lancaster personal injury attorney.
Here at 1-800-THE-LAW2, we’ll connect you to a local attorney in Lancaster, PA who can help you navigate the personal injury case legal process. Call us today to get started with a free legal consultation on your personal injury claims.
Of course, if you’d like to learn more about the basics of legal disputes and personal injury claims before you call us, then read on!
How do I know whether I have a worthwhile personal injury claim?
There’s no clear answer here. Whether your personal injury claim is “worthwhile” not only depends on the strength of the claim itself but also the willingness of your Lancaster injury lawyers to “work up” the case and navigate any unique complexities and challenges inherent to the dispute. Not every attorney is willing to “work up” a case and deal with a lot of legal claim uncertainty.
Under personal injury law, the strength of your claim depends on various factors including the evidence and the willingness of your attorney to navigate the complexities of the case.
That being said, at a basic level, you have an actionable injury claim if you:
- Were involved in an accident;
- The accident was at least partially caused by the negligence, recklessness, or intentional misconduct of the defendant; and
- You sustained injuries (and potentially other losses) as a result.
Simple, right?
Well, not quite. These elements may seem straightforward, but there are a lot of ways to argue them (and to counter-argue). That’s why it’s so important to consult experienced Lancaster personal injury attorneys before making any decisions as to whether your claim is “worthwhile” or not.
Why do most personal injury disputes end in a settlement?
The vast majority of personal injury disputes — in Lancaster and elsewhere — conclude in a settlement compromise. Industry observers estimate that more than 95 percent of disputes are resolved through settlement.
Insurance companies often prefer to settle claims quickly to avoid the costs and uncertainties of litigation.
But why? Well, there’s good reason for it.
Litigation tends to be:
- Uncertain
- Public
- Resource-intensive
- Distracting and exhausting
- And more
For example, if you’re suing a local delivery company in Lancaster because one of their truck drivers got into a serious collision with you, then they might be more willing to push for an early and favorable settlement — after all, their reputation could be tarnished if the lawsuit went public and was reported in local media. That could have significant impacts on their future as a business.
As such, these (and other) factors can heavily influence parties and incentivize settlements as opposed to drawn-out litigation over your personal injury claims.
How much will I be compensated for my personal injury lawsuit?
There are no guarantees as to your compensation in a personal injury lawsuit. How much you are able to secure as compensation depends on a variety of factors from case-to-case: the quality of your Lancaster personal injury lawyer, the hostility of the defendant, the strength of the evidence in your favor, how sympathetic you appear as an injury victim, and much, much more.
That being said, the damages you can potentially claim in an injury lawsuit are varied and can fall into a number of categories. These damage categories are as follows:
- Lost wages
- Loss of earning capacity
- Loss of property
- Loss of enjoyment of life
- Loss of companionship
- Medical expenses (i.e., medical bills for medical treatment)
- Pain and suffering
- And more
In cases of wrongful death, additional damages may include funeral expenses and loss of financial support.
To understand just how case circumstances can impact your damages/compensation, let’s explore a brief example.
Suppose that you are injured in a Lancaster car accident, and you sustain lifestyle-altering back injuries. In Scenario A, however, you are a professional rock climber and your entire ability to work — now and in the future — is compromised due to your back injuries. You would not only be entitled to current wage loss, but also future wage loss, and a loss in future earning capacity! That could be substantial.
In Scenario B, however, you are an office worker, and your back injuries only keep you out of work for about six months, due to the less physical nature of your job. You could claim six months of lost wages, which might still be significant, but the damage claim would likely be less than the rock climbing scenario.
If I’m partially at-fault, can I still sue for compensation in Pennsylvania?
Yes — if you’re partially at-fault, then you can still sue and recover compensation under Pennsylvania law. That’s because the state of Pennsylvania implements a civil liability doctrine known as “modified comparative fault” that applies to personal injury cases.
Here’s how it works.
Under modified comparative fault, you — the injury victim/plaintiff — are fully entitled to sue for compensation even if you are partially at-fault for the accident. You can do so as long as you are 50 percent at-fault or less! If you are more responsible for the accident (i.e., it’s more your fault that there are accident victims), then you cannot recover any damages.
If your fault contribution is less than 51 percent, then your damage recovery will still be impacted. Specifically, your recoverable compensation will be reduced by your percentage contribution of fault. So, for example, if you are 50 percent at-fault and your damages are $100,000, your recoverable compensation amount will be $50,000. In this scenario, it’s not ideal, but at least it’s “something” that your accident attorneys can work with!
How much does it cost to hire a personal injury lawyer in Pennsylvania?
In Pennsylvania, as in other states, most plaintiffs’-side personal injury lawyers work on a contingency fee basis. What this means is that they only get paid if-and-when they successfully secure compensation on your behalf (which comes in the form of a percentage cut of the total recovered compensation). If you don’t get paid, they don’t get paid.
Yes, that’s right — if you don’t get a payout, you won’t have to worry about any costs of hiring an attorney. There are no upfront or out-of-pocket costs when working with a personal injury attorney on contingency.
This has enormous benefits. Not only does it lower the barrier-to-entry for accessing qualified legal representation, but it also incentivizes attorneys to work effectively and efficiently to maximize compensation. After all, the more that you get paid, the more they get paid.
It’s a win-win dynamic!
What percentage do most lawyers take as a contingency fee?
A qualified Lancaster personal injury lawyer working on a contingency fee basis will most likely take between a 25 percent cut (at the low end) and a 40 percent cut (at the high end). Bear in mind that these numbers can vary further based on whether the personal injury attorney is open to negotiation on these rates, and what “phase” of litigation the case is in when it is resolved.
For example, your contingency fee arrangement might give the attorney a 30 percent cut of the total compensation if the case is resolved before the discovery process, or before any court hearings. However, if the case proceeds to trial, then the arrangement might upgrade the percentage cut to 45 percent to account for the additional resources and time-spend required by the attorney.
As you explore the possibility of hiring a Lancaster personal injury lawyer, make sure to discuss these details with the lawyer!
What qualities should I look out for in a personal injury attorney?
There’s no one-size-fits-all lawyer for every situation. An attorney might be a great fit for you, but a poor fit for a different type of client. That being said, there are certain universal qualities that are worth looking out for — they are as follows:
- Experience. It’s not necessary that your attorney have decades of experience litigating cases like yours — young and hungry attorneys are great, too, and are often more willing to dedicate the time and energy to “work up” your case from the margins. However, at least some experience litigating cases like yours is helpful, so be sure to look out for this! Experience in handling specific types of cases, such as medical malpractice, can be crucial for achieving successful outcomes.
- Communicative. Nothing is more frustrating for first-time plaintiffs than getting an attorney who is detached and uncommunicative. Over the course of litigation, you may want to be kept informed about changes in your case and updated on how things are progressing. If the attorney treats you like “just another number,” then you may end up feeling lost and confused and less invested in your dispute. Make sure your attorney is communicative before hiring them!
- Willingness to go to trial. Though most cases end in settlement, one of the ways to maximize your settlement offers is to come prepared as though you are ready and willing to advance to trial litigation, if necessary. Make sure your attorney is comfortable with the possibility of trial, even if they want to settle your case early.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve been injured in an accident in Lancaster, or anywhere else in Pennsylvania, then you could be entitled to sue for damages under Pennsylvania law. Navigating the legal process isn’t always simple or straightforward, however — that’s why it’s worth consulting Pennsylvania personal injury lawyers who have the experience and skill set necessary to fight for your right to compensation under the law.
We can help connect you to an attorney who can help today.
Contact 1-800-THE-LAW2 for a free legal consultation with an experienced Lancaster County personal injury lawyer in our network. During this initial consultation, you’ll have the opportunity to discuss your case in detail and learn more about your next steps and strategic options. That being said, if you decide against moving forward, that’s okay too — there’s no obligation for you to continue. So pick up the phone and call us today to get started!
We look forward to assisting you.
