Navigating Legal Challenges

September 7, 2024

You may have heard that there are legal protections for injury victims. That’s true. If you or your loved one has suffered injuries because of the negligent actions of another person or entity, you could file a personal injury lawsuit (also called a negligence lawsuit). And if you were injured in Scranton, Pennsylvania then you should find an experienced Scranton personal injury lawyer who will navigate various legal challenges so as to advocate for justice for you.

There are challenging regulations, rules of law, and statutes that apply to your case.

One such rule is the Statute of Limitations. Under Pennsylvania’s Statute of Limitations law, you have two years to file a lawsuit, starting from when you knew or should have known that your injury was the result of the defendant’s negligent behavior. Note that the rule isn’t simply “two years from the date of the injury.” There might be instances when you didn’t necessarily have any information leading to the conclusion that your injuries resulted from the particular defendant’s actions or inactions.  

And, perhaps the defendant intentionally concealed information that would otherwise have led you to conclude that they’re negligent. In cases of intentional concealment – which, it should be noted, are extremely difficult to prove – the clock begins to run as soon as you are made aware of the defendant’s negligence.

All that said, the rules are not always forgiving and do not always grant leeway. Thus, the best time to contact a Scranton personal injury lawyer to evaluate the facts and file your lawsuit is as soon as possible. The earlier, the better.

Your Scranton personal injury lawyer will also file a Complaint in the court. The Complaint will list the possible claims involved in your case. The Complaint’s averments (or, assertions) will vary, depending on what kind of personal injury lawsuit you are filing. Personal injury cases could involve, for instance, vehicle accidents, premises liability, sexual assault, workplace accidents, and medical malpractice. The Complaint will be written to include the essential elements of the specific claim in your personal injury case.

The Complaint will involve legal claims as well as claims for personal injury compensation. Compensation for your injuries include both economic damages and non-economic damages.

Economic damages are quantifiable – in other words, the exact figure can be established with documentation. They include medical expenses, disability expenses, physical therapy, lost wages, and loss of future earnings (in, for example, cases where you can no longer work and earn a living due to your injuries).

Non-economic damages are not quantifiable – they are more of a subjective assessment of the sad consequences of a personal case. They include loss of quality of life, loss of companionship, pain and suffering, disfigurement, scarring, and emotional distress. These are all of the unfortunate things you can feel, but not necessarily quantify with a receipt. It’s also what you had to pay for emotionally due to the defendant’s negligent actions.

Scroll to Top