What legal steps should I take if I am being sued for a personal injury claim in Pennsylvania?
If you are being sued for a personal injury claim in Pennsylvania, you should take the following legal steps:
- Contact an Attorney: It is essential to contact an attorney as soon as possible when facing a personal injury claim. A qualified personal injury attorney can help you understand your legal options, evaluate the merits of the plaintiff's case, and determine the best defense strategy to avoid liability.
- File an Answer: Once you are served with a personal injury lawsuit, you must respond by filing an answer within 20 days. Your answer must respond to each allegation made by the plaintiff, and you should explain your defense against each claim made against you.
- Gather Evidence: To defend yourself against a personal injury claim, it is important to gather all relevant evidence that may be useful in proving your case. This evidence may include witness statements, medical records, surveillance footage, and any other documents that support your defense against the plaintiff's claim.
- Attend Depositions: You may be required to attend a deposition as part of the discovery process. During a deposition, the plaintiff's attorney will ask you questions under oath to gather information about your case. It is important to prepare for the deposition with your attorney and answer truthfully but concisely.
- Attend Mediation: Most personal injury cases are resolved through mediation rather than going to trial. Mediation is a negotiation process where a neutral mediator helps both parties reach a settlement agreement. It is advisable to attend mediation with your attorney to reach a resolution.
If you are found liable for the plaintiff's injury, you may be required to pay damages. Pennsylvania law allows for two types of damages: economic and noneconomic damages. Economic damages include actual financial losses resulting from the injury, such as medical expenses, lost wages, and property damage. Noneconomic damages include pain and suffering, emotional distress, and loss of quality of life.
Additionally, Pennsylvania uses a modified comparative negligence system, which means that even if the plaintiff is partially responsible for their injury, they may still recover damages from the defendant. However, the plaintiff's damages may be reduced based on the percentage of their fault.
In conclusion, being sued for a personal injury claim in Pennsylvania can be a complicated and stressful process. It is essential to contact an attorney as soon as possible, file an answer, gather evidence, attend depositions and mediation, and understand your potential liability for damages.