Category Archives: Car Accidents

Filing Your Initial Personal Injury Complaint

Bucks County PA Personal Injury LawyerIn any personal injury case, one of the most important documents your attorney will file is the initial complaint. The personal injury complaint document outlines for the court the facts of your case, and the legal basis for you seeking financial compensation. Every jurisdiction  has its own procedures and expectations for exactly how to file this document and what information it must include, so when filing for a personal injury complaint in Bucks County, PA, it is important to have a personal injury lawyer familiar with the local courts and their unique standards.

Let’s take a closer look at what most personal injury complaints entail, as even though you will most likely have a Northeast Philadelphia personal injury lawyer drafting and filing it for you, it is still important that you have an understanding of what your lawyer may ask of you, and why.

Establishing the Proper Venue for your Personal Injury Claim

The first part of your initial personal injury complaint will establish why your complaint is being filed in that particular jurisdiction. You may wish to file your complaint in the jurisdiction where you live, or you may wish to file it in the jurisdiction where your injuries took place. Consulting with a personal injury lawyer can help you determine which option may be better or worse for you.

Asserting the Facts of your Bucks County PA Personal Injury Case

The next section of your personal injury complaint will seek to establish the facts of your case, and the relationship (if any) between the plaintiff (you) and the defendant (the negligent party). The purpose of this section is not to allege negligence, but rather simply outline the relevant facts of the case. This section will usually look something like this:

  1. In the afternoon of January 4th, 2016, Plaintiff was driving his/her vehicle south on Main Ave.
  2. At or around 5:05 pm, after verifying the light was green, Plaintiff began his right turn onto Elm St.
  3. Defendant has been employed by Delivery Inc. as a delivery driver since April 2015
  4. Defendant drove his company vehicle through the red light of the intersection of Main Ave. and Elm St. and struck the plaintiff’s vehicle as they were making their turn.

As you can see, no claims of liability or negligence are made here, simply an outlining of the relevant details of the case.

Asserting Liability

This is the section of your complaint which takes the facts described above, and uses them to assert liability and/or negligence. Your personal injury lawyer will seek to establish and describe each separate point of liability, and how the negligence and/or breach of duty of care of the defendant caused your injury.

Seeking Damages

The last section of your personal injury complaint will outline the different forms of compensation you are seeking for your injury. These usually include compensation for medical costs associated with the treatment of your injuries, lost income or wages, and pain and suffering. An exact dollar amount is not always necessary to include, expectations differ from state to state. In general however, if your attorney does include a dollar amount, it is usually an over-estimated figure in order to prevent juries from being limited to awarding you based on your initial demand.

Contact a Bucks County PA Personal Injury Lawyer Today

 

As you can see, quite a lot goes into drafting your initial personal injury complaint, and much of the outcome of your case is determined by how well it is drafted and presented.

If you or a loved one has been injured as the result of another person’s negligence or recklessness, the personal injury team of Kamensky, Cohen & Riechelson is ready to help. We have experience working with both Pennsylvania as well as New Jersey courts, and as exclusively personal injury lawyers, we are uniquely suited to helping you navigate the nuances and pitfalls of personal injury cases such as auto accidents, construction and workplace accidents, premises liability, slip and falls, motorcycle accidents, and many others .

To schedule a cost-free consultation with one of our personal injury lawyers today, contact us online or through our Bensalem, PA offices at 215-337-4915.

Speaking to Insurance Companies after an Accident

Often when you are involved in an accident, you may be contacted by an insurance company inquiring about the incident. For example, many store managers are obligated to inform their insurance provider about an accident in their store, regardless of the outcome. So before even considering filing a Bucks County PA personal injury claim, you… Continue Reading

20% of Pennsylvania Roads Rated in “Poor Condition”

Northeast Philadelphia Car Accident Attorneys Fight For Clients Injured Due to Poor Road Conditions Sadly car accidents and motorcycle accidents are all too common on Pennsylvania roads. They may range from minor to serious causing personal injuries as well as damage to property. The causes of car accidents and the causes of motorcycle accidents may… Continue Reading

Causes of Bucks County School Bus Accidents

School buses have been established to be the safest way to transport children to and from school by The National Highway Traffic Administration, and incidents of school bus accidents are rather rare, however there are instances of children, drivers, and pedestrians being seriously injured in School Bus Accidents. About 17,000 children visit emergency rooms annually… Continue Reading

Distracted Drivers, Distracted Pedestrians in Pennsylvania Can Cause Car Accidents While Playing Pokemon Go

As millions of people across the country play the smartphone game Pokemon Go, which was recently released and has become a national obsession, law enforcement agencies are being dispatched to auto accident scenes with regularity. The problem is that more and more motorists are making the poor decision to play the new Pokemon Go game… Continue Reading

Vehicle Collision in Fairmount Park Leads to Injuries

Philadelphia Authorities are currently investigating a Fairmount Park vehicular accident that resulted in multiple injuries. At the start of rush hour on Wednesday the 13th of July, two vehicles collided on Martin Luther King Drive near The Strawberry Mansion Bridge. The crash resulted in six injuries. Among those reported as injured were three adults and… Continue Reading

Common Personal Injury Mistakes

If one suffers a personal injury due to actions that are the fault of others the results can be catastrophic to the individual’s long term health and finances.  Whether it is a car accident, motorcycle accident, construction accident or any of the other numerous ways an injury can occur due to someone else’s bad actions… Continue Reading

Texting While Driving a Serious Problem in Pennsylvania, Resulting in Car Accident Injuries and Deaths

Pennsylvania law enforcement is struggling in the fight against texting-related auto accidents. In 2014, there were 922 car accidents involving cell phones in Pennsylvania. Tragically, 10 people died as a result of those texting-while-driving accidents, according to statistics released by the Pennsylvania Department of Transportation (PennDOT). Nationwide, the problem is just as bad: there were… Continue Reading

Delayed Injuries from Accidents

Any accident can be devastating to you and your family. Pain and suffering and loss of income are just some of the after-effects that may bring serious changes to your life. After a serious accident, considering a personal injury claim is only one small way victims can protect themselves and their families. It is essential… Continue Reading

Can I Sue a Drunk Driver for Causing my Accident?

Each year in the United States, it has been estimated that more than 100 million incidents of drunk driving take place on our roads. The dangers or driving while intoxicated are well documented, but unfortunately there are still a frightening number of Americans who choose to ignore those warnings. So what happens when individuals are victims of… Continue Reading