Personal Injury

If you’ve suffered losses because of someone else’s negligent or wrongful actions, you could be eligible to receive compensation by filing a personal injury claim. To have the best chance to recover your losses, you need to hire a personal injury lawyer to represent you.

“A person who represents himself has a fool for a client.” – Abraham Lincoln

At DelVecchio & Miller, LLC, we have decades of experience helping injured people throughout Pennsylvania. Whether you were hurt in a motor vehicle accident, injured on the job, suffered a dog bite, or fell at a shopping center, our team of lawyers can help.

The Elements of Negligence in Personal Injury Claims

While each case is unique, there are four key elements that must be proven in every type of personal injury action that alleges negligence:

  • Duty: There was a duty of care owed to you by another party.
    • Example: A motorist has a duty to stop at a red light.
  • Breach: The negligent party failed to honor that duty
    • Example: The motorist ran the red light.
  • Causation: The negligent party’s actions (or inactions) caused you to suffer an injury.
    • Example: The motorist running the red light struck your vehicle, causing you to sustain injuries.
  • Damages: You suffered losses as a direct result of the at-fault party’s negligence.
    • Example: You broke your neck and required surgery, resulting in substantial medical bills and missed time from work.

Strict Liability in Personal Injury Claims

Another type of legal principle for personal injury claims is the concept of strict liability. In certain situations where someone is injured, a company or entity can be held responsible for that harm even though they may not have acted negligently.  Instead, a claim can be proven if a particular injury was directly caused by the activity or product being used at the time of the incident. Common types of strict liability in Pennsylvania include defective products manufactured by others and engaging in abnormally dangerous activities.   

Types of Cases We Handle at DelVecchio & Miller, LLC

At our law firm, we can help with a variety of personal injury claims, including:

Motor Vehicle Accidents

The most common personal injury claims we represent are those involving motor vehicles. In 2023, Pennsylvania experienced 110,382 reported crashes that resulted in 66,546 injuries and 1,209 fatalities. The majority of these collisions occurred because of some form of driver error.

The most common types of driver error in the state are speeding, distracted driving, and intoxicated driving. If you’ve suffered injuries in a motor vehicle crash, we can help.

Dog Bites

When dog owners don’t properly control their pets (especially when they know about and ignore signs of pre-existing aggression) disastrous consequences can occur. If you or a loved one were seriously injured in a dog attack, our lawyers will provide the help and guidance you need to fight for the compensation you deserve.    

Construction Accidents

Unfortunately, injuries are common on construction sites. Falls, electrocutions, burns, crushing accidents, and a variety of other incidents can leave you with life-altering injuries. Although Pennsylvania employers have to provide workers’ compensation benefits to all of their employees, it’s often insufficient to cover the serious and lifelong losses caused by a construction site accident.

If a third party’s negligence led to a construction accident that resulted in injuries, you may be able to file a personal injury claim. These legal actions are complex to prove, so it’s essential that you contact a personal injury lawyer.

Premises Liability

Property owners have a duty to maintain reasonably safe premises for visitors. If they fail to do so and you suffer injuries, you may be entitled to receive compensation. These kinds of claims can involve slip and fall accidents, trip and fall accidents, negligent security, and other incidents caused by unsafe conditions.

Product Liability

When you purchase a product and use it correctly, you have a right to expect it will not harm you. At the very least you should be warned about potential hazards of the product. When the user of a particular product is injured, the designer, manufacturer or distributor could be at fault for the damages. Product liability law is based on the principle that these entities have a duty to ensure the products they bring to market are safe for their intended use.

There are three basic types of product defects that can give rise to a product liability claim in Pennsylvania:

  • Design defects
  • Manufacturing defects
  • Failure to warn

If you have been seriously injured while using a product, contact our attorneys to determine whether you have a cause of action against the creators and/or sellers to recover damages. 

Wrongful Death and Survival Actions

If a loved one suffered injuries because of someone’s negligent or wrongful action and those injuries resulted in their death, you can file a wrongful death and survival claim on behalf of the person who was involved in the fatal incident as well as for the grieving family members they left behind.

How a Personal Injury Lawyer Can Help

While you might think making a personal injury claim is simple, believe us when we tell you — it’s not. Insurance carriers, product manufacturers, and big businesses have armies of lawyers and loads of cash to fight these claims. Even proving that someone was liable for your injuries can be complex and expensive.

Having experienced lawyers to fight on your behalf can make all the difference in the world. Here are a few reasons why:

  • We level the playing field. Although insurance companies, big business and at-fault parties may claim to be on your side after an accident, their sole goal is to pay you as little as possible. Without a lawyer on your side, they will engage in tactics designed to make you think you don’t have a claim or to get you to accept a settlement offer that is drastically lower than what you deserve. 

  • We do the complex work while you focus on the most important thing: healing and overcoming your injuries.

  • We have contacts with expert witnesses like doctors, accident reconstruction specialists, engineers and financial planners who can establish all aspects of your personal injury claim.

Available Damages in a Personal Injury Claim

Generally, there are three types of damages that you can receive in a personal injury action:

Economic damages

Compensates you for the financial losses you suffered. These are direct, measurable amounts.  Classic examples are medical bills, lost wages, out-of- pocket expenses and the future impairment of your earning capacity.   Economic damages can be presented to a jury. 

Non-economic damages

A type of damages claim that is far more subjective. Under Pennsylvania law these damages include:

  • Physical pain and suffering;
  • Mental anguish;
  • Discomfort, inconvenience, and distress;
  • Embarrassment and humiliation;
  • Loss of enjoyment of life’s pleasures; and
  • Scarring and Disfigurement.

Because these claims are subjective, an actual dollar amount cannot be given or even suggested to a jury under Pennsylvania law.  Instead, jurors are required to determine a monetary figure attributable to these types of damages, if any, based only on the evidence presented and the instructions they are given by the presiding judge. 

Punitive Damages

A rare type of damages claim meant to serve as punishment in cases involving egregious behavior.  Punitive damages are reserved only for cases involving intentional, willful, wanton or reckless conduct. In order to receive an award for punitive damages, you must show that the conduct of the Defendant was not merely negligent or even grossly negligent. Instead, you must prove that the Defendant’s conduct went above negligence and demonstrated a reckless indifference or disregard for your health and safety. The classic example of a case where punitive damages may exist, is when a person makes the decision to operate a vehicle while under the influence of drugs and/or alcohol and subsequently causes an accident. 

Schedule a Consultation With Your Pennsylvania Personal Injury Lawyers

If you’ve suffered because of someone else’s wrongful or negligent actions, you don’t have to go through this alone. You have the opportunity to be compensated for financial losses as well as the pain and suffering you’ve endured. To have the best chance of maximizing compensation, you need to hire personal injury lawyers to represent you.

At DelVecchio & Miller, LLC, we have more than 60 years of combined experience representing the people of Pennsylvania. With tenacity and dedication, we can guide you through the entire process. Schedule a free consultation with one of our personal injury lawyers to get started.

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