After a serious injury, whether from a car crash, a slip and fall, or another traumatic event, it’s natural to feel overwhelmed. What you do in the first hours and days can determine both your recovery and your legal options. At Cohen & Riechelson, we’ve seen firsthand how small mistakes can jeopardize claims and how taking the right steps can make all the difference in the course of practicing personal injury law in Northeast Philadelphia and Lower Bucks County.
Below are the most common errors people make, how Pennsylvania law applies, and what you can do to protect yourself.
In Pennsylvania, most personal injury cases, including auto accidents and premises liability claims, must be filed within two years from the date of injury. Limited exceptions apply, such as the discovery rule and claims involving minors; children generally have two years from turning 18 to bring a case. Missing the deadline can permanently bar your claim.
If a city, county, or Commonwealth entity may be responsible (for example, a municipal bus, state vehicle, or dangerous public property), Pennsylvania requires written notice within six months of the injury. Failing to meet this deadline can end your case before it begins. Courts may excuse failure to comply with the six-month notice requirement upon a showing of reasonable excuse.
Protect yourself: Act quickly. Early action preserves your rights and helps secure vital evidence.
Pennsylvania follows a modified comparative negligence rule. If you are partly at fault, your recovery is reduced by your percentage of fault. If you are found more than 50% responsible, you cannot recover any damages.
Protect yourself: Document the accident thoroughly. Photos, witness names, and a clear timeline can strengthen your position if fault is disputed.
Pennsylvania law requires that certain crashes be reported. If a motor vehicle accident results in injury, death, or a vehicle that needs towing (i.e., a “disabled vehicle” that cannot be driven under its own power in its customary manner without further damage or hazard and therefore requires towing), you must notify the police immediately. If police do not investigate, you must submit a written report to PennDOT within five days. Leaving the scene of an injury crash is a separate, serious offense.
For slip and fall or other property-related incidents, prompt reporting to the owner or manager creates a record and helps preserve evidence such as video footage.
Protect yourself: Always call 911 after a crash and notify property management promptly after a fall. Keep a copy of any report for your records.
Serious injuries are not always obvious. Adrenaline can mask pain, and insurers often argue that delays in treatment mean your injuries were unrelated to the accident.
Protect yourself: Seek medical care right away, even if symptoms seem minor. Following your doctor’s recommendations creates a clear link between the accident and your injuries.
Insurance adjusters may contact you quickly for a recorded statement or a fast settlement. Accepting an early payout can leave you without the resources you need if your condition worsens. Recorded statements can also be used against you later.
Protect yourself: Do not sign anything or provide a recorded statement without legal advice. An attorney can help you avoid costly mistakes.
Many people underestimate the long-term costs of an accident. In Pennsylvania, you may be entitled to medical expenses, lost wages, property damage, and pain and suffering. In cases of reckless or intentional misconduct, punitive damages may also be available.
Protect yourself: Keep detailed records of all expenses and note how your injuries affect your daily life, work, and future earning potential.
Time moves quickly after an accident. Evidence can disappear, deadlines pass, and mistakes made early on can’t always be undone.
Protect yourself: Contact an attorney as soon as possible. At Cohen & Riechelson, we help clients in Northeast Philadelphia and Lower Bucks County gather evidence, handle negotiations, and protect their rights every step of the way.
Most personal injury claims in Pennsylvania must be filed within two years of the injury. If the injured person is a minor, the two-year period usually starts at age 18, giving the child until age 20 to file.
Not necessarily. Pennsylvania’s discovery rule may delay the statute of limitations when the injury or its cause wasn’t reasonably knowable earlier despite reasonable diligence. Courts apply this rule narrowly, so prompt action is still best.
Yes. A legal guardian files the child’s claim, which can generally be brought until the child turns 20. Parents’ own claims (such as out-of-pocket expenses) usually must be filed within the standard two-year period.
You should not have to face the aftermath of an accident alone. Cohen & Riechelson is here to protect your rights and pursue the compensation you deserve. If you were injured in Bensalem, Bristol, Feasterville-Trevose, Langhorne, Levittown, or anywhere in Northeast Philadelphia or Lower Bucks County, call 215-337-4915 or contact us today for a free, confidential consultation.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
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