People suffer injuries every day. In some cases, these injuries are due to our own carelessness. In others, these injuries occur as a result of another party’s negligence. When this is the case, injured victims may be able to recover compensation through a personal injury claim. Personal injury claims are rarely simple. A Johnstown personal injury lawyer from Berger and Green can help.
Call 412-661-1400 to discuss your options during a free consultation.
What types of personal injury cases does the team at Berger and Green handle?
The team at Berger and Green has experience handling many types of personal injuries such as those occurring from:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian/bicycle accidents
- Bus/train/plane accidents
- Boat accidents
- Slip and falls
- Industrial accidents
- Product liability
- Nursing home abuse
What does a personal injury claim require?
To have a valid injury claim, you must have a negligent party. Establishing a party as negligent requires proving that party breached a duty it had to you.
For example, property owners have a duty to keep their property well maintained and free from unreasonable dangerous conditions. If, for example, your landlord knew the barrier on your balcony was loose but did not fix it, s/he could be liable if you fell off your balcony after leaning against it.
In this example, your landlord breached his/her duty of keeping you safe from hazards on the property.
Once you prove that the at-fault party breached his/her duty to you, you need to prove that your injuries resulted from the at-fault party’s actions or inaction, and that you suffered damages (e.g., medical bills, lost wages, etc.) in the accident.
For example, if you fell off the balcony because you were sitting on the railing, you might be unable to recover compensation because your own actions caused your injuries.
Are there any cases where I do not need to prove negligence?
Yes. While most personal injury cases require proving negligence, if a dangerous or defective product injured you, you can file a claim under strict liability laws.
Strict liability laws require that you prove the following:
- The at-fault party created, designed, engineered, or sold the defective or dangerous product.
- You received the product in an unreasonably dangerous condition and you did not alter it.
- You were using the product in a way the manufacturer intended or could have foreseen.
- Your injuries resulted from using the product.
What should I do if suffered injuries from another party’s negligence?
Get medical care: Have a doctor evaluate your injuries. This helps protect you physically and financially. Physically, you might not realize how injured you truly are until going to the doctor. Financially, you will need your medical records to prove that you did, in fact, suffer injuries in the accident. Without injuries, you have no injury claim.
Follow the medical advice your doctor gives you and do everything you can to maximize your recovery from your injuries.
Protect your claim: Be extremely careful about dealing with the insurance company. It does not have your best interests at heart. Its job is to pay you as little as possible for your claim.
Do not give a recorded statement or sign any documents without first talking with a Johnstown personal injury lawyer from Berger and Green. People without a lawyer have signed away their rights and their entire claims for little or no money because they did not understand what they were signing.
Get help with your claim: There are time limits on filing claims. If you miss the deadline, you can never file a claim for your injuries. It is important to get in touch with a personal injury lawyer as soon as possible, to evaluate your claim and get the insurance company off your back. We will stand between you and the insurance company to protect your rights.
How much is my claim worth?
Every claim is different. Two people injured in the same car accident might have very different settlement amounts, if one was hurt more seriously than the other.
The four big questions we need to answer to determine your case value are:
- How responsible were you for the accident, if at all? (Any fault on your part will reduce your settlement amount.)
- How badly were you hurt?
- Does your doctor expect you to make a full recovery? If not, how much permanent impairment does s/he expect?
- How long will you be unable to work? Will you need to take a lesser-paying job, work less, or even retire?
Each of these questions requires thorough exploration of the facts and the evidence. We obtain the accident report, eyewitness testimony, and other specialized evidence, such as surveillance video, and collect and analyze your medical records and your lost wage documentation. We also work with accident reconstruction experts, your doctors, and any other experts needed to prove your case.
What kinds of damages are available in personal injury cases?
The purpose of a personal injury case is to compensate you for your injuries. Types of damages you can recover compensation for include:
- Medical bills
- Permanent impairment
- Lost wages
- Decreased earning potential
- Property damage
- Pain and suffering
- Loss of consortium
We evaluate your damages by analyzing every aspect of the case. We will review and calculate all tangible financial losses you suffered in the accident.
We will then determine if the personal injury also caused intangible damages. Intangible damages can include pain and suffering or loss of consortium.
When we have gathered and analyzed the evidence, we work to negotiate a fair settlement with the insurance company on your behalf. We have the experience and knowledge to help you reach a fair result on your personal injury claim in Johnstown.
Where can I get help with my personal injury claim?
At Berger and Green, we provide the expertise to evaluate and pursue your personal injury claim.
We handle personal injury cases on a contingency fee basis. This means you do not pay upfront costs or any legal fees unless there is a recovery. Even the consultation is free, with no obligation.
Call us today at 412-661-1400 to schedule your free consultation to get the help you need.