a complete bar to recovery. Frequently, we see this in pedestrian claims, where there is a corresponding duty placed on the plaintiff to exercise reasonable care when encountering a property defect. If a plaintiff is found to be 10% negligent in bringing about the harm sustained, then any monetary award would be reduced by 10%. This reduction would continue up to a maximum of 50%. However, if the plaintiff is more than 50% at fault, then the plaintiff cannot recover at all, even though the defendant may have been as much as 49% at fault in causing the harm. What are the essential steps to take after being injured in an accident to protect your legal rights and strengthen a personal injury claim? If you are injured, you need to obtain medical treatment as soon as practically possible. Be sure to detail to your medical providers all of your injuries. As to liability or fault, one of the most important steps you can take to strengthen your claim is to ensure that the claim is properly reported. In an automobile collision, this would mean calling the police. The police will write a report and may take photographs. However, do not rely solely on the police investigation. If possible, take photos of the scene and secure the names and contact information of any witnesses. In premises liability cases, it is important to file a report with the property or business owner, in addition to taking photographs and identifying witnesses. Frequently, video (either private video surveillance or in-store security) will support a claim, but such video does not always capture the location of the injury. In claims where no report was made, no photos or video were taken, and no witnesses were identified, liability or fault will be actively disputed. These cases can be very challenging. What types of damages can you recover in a Pennsylvania personal injury lawsuit, and how do they impact your case? Damages in a personal injury lawsuit typically fall into three categories: (1) economic damages; (2) non-economic 30 LAWYER MONTHLY NOVEMBER 2024 I don’t represent victims; I represent overcomers. My clients don’t allow their injuries to define them; they want a path forward, and my job is to help them find that way.
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