When it comes to the laws that govern personal injury in Pennsylvania, there are several legal issues involved in these types of claims. Essentially, personal injury litigation can be broken down into two general categories depending on the nature of the wrongful act that entitled the injured party to seek damages through the court: negligence and torts (where the assertion is that the act is intentional). Here are some of the legal issues you and your lawyer may encounter in each of these two types of personal injury cases.
Negligence Cases
When the person who caused injury to another didn’t act with intention, but rather was careless about the safety of others, this is known as a “negligence lawsuit.” Common lawsuits of this type include motor vehicle accidents, medical malpractice, and some slip and fall accidents (usually when the accident resulted from improper design or maintenance). To win this type of case, you and your lawyer must demonstrate that the defendant had a duty (called a “legal duty of care”) that he or she violated or failed to fulfill (or “breached”), and that this violation directly resulted in the injury. In most cases, negligence is proven through one of two types of evidence: direct (photographs, video, and witness testimony) or circumstantial (where a fact finder or expert draws inference based on the evidence that has already been produced).
Intentional Torts
An intentional tort involves a person who has intended to commit a wrongful act that results in injury. In many cases, it is not the injury that is intentional, but rather the act that directly led to that injury. Common intentional tort cases include assault and child abuse. This type of personal injury claim tends to be much more complex, as, from a legal perspective, it can be difficult to obtain compensation, because most insurance policies do not cover intentional wrongful acts. However, in some cases, negligence may be involved as well, giving your lawyer something to work with. For example, if a child is abused at a daycare center, there may be a negligence action involved if the organization failed to properly screen its employees. The bottom line is, damages available for intentional torts tend to be broader and more generous than for negligence claims, but they can also be much more difficult to prove.