Personal Injury Law Lawyers Pittsburgh Pennsylvania PA Attorneys

Caroselli Beachler McTiernan & Conboy LLC
Phone: 412-391-9860
Email: info@cbmclaw.com

Social Security Disability / SSI
Personal Injury Law
Workers´ Compensation
Auto Insurance

Injuries can occur to anyone at any time, and often an injured person is entitled to recover money damages from another person, if the other person was responsible for their injuries. But how do you know if you have a claim against the person who caused your injuries?

An attorney who practices in the field of personal injury law, and who has the skill and experience necessary to determine whether or not you're entitled to collect for your injuries, will consider a number of factors in making that determination.

Responsibility
Generally, you must prove that a party was negligent before that party can be held responsible for your injuries. A person is considered negligent - or careless - when they do something they should not have done or when they don't do something that they should have done.

Damages
When considering damages, an attorney must look at what losses the injured party has suffered as a result of the other person's carelessness. This can include medical expenses, lost wages, or the cost of obtaining replacement services that ordinarily would have been performed by them. Damages can also include pain and suffering, inconvenience, embarrassment, and loss of enjoyment of life.

Injuries
Caused By Others Common examples of carelessness which can cause personal injuries to others are automobile accidents, which can include: collisions caused by drunk drivers, a person who fails to stop at a red light or a stop sign, or a driver who is momentarily inattentive.

Another type of personal injury claim is the medical negligence or malpractice claim. In this type of claim, the injuries are caused by a doctor or other health care provider who does not comply with accepted and reasonable standards in delivering care to a patient, which results in further harm to the patient.

Slip and fall accidents, or premises liability claims, are often the basis for personal injury claims. They occur as a result of the careless way in which an individual or corporation takes care of their property.

Workers' Compensation claims are the result of workplaces that often expose employees to various hazards and dangers, causing a worker to become injured. A specific set of laws was designed to pay for medical expenses and make up for lost wages for employees who have these types of injuries.

Defective Products
One type of personal injury claim that does not necessarily involve the carelessness of another person occurs when a product is defectively designed or did not function as it was intended, causing injury to someone. It is necessary, however, to prove that the product was the cause of the injury, and cases such as these usually involve the use of technical experts.

A lawyer familiar with personal injury law can best help you determine if you have a case. At Caroselli Beachler, we have been practicing personal injury law for more than 25 years. If you, a family member, or friend have been injured and think you may have a claim, call our law firm for a free consultation.

How do I know I have personal injury case?
A personal injury case occurs when a person suffers an injury, disease, or even death as a result of someone else's fault or negligence. Generally, in such cases, you can recover monetary damages.

The most common types of personal injury cases include:

Automobile collisions
Defectively manufactured or designed products
Accidents that occur due to the hazardous condition of someone else's property
Medical or hospital negligence

Note: If you've been injured in any type of accident, it is important to seek the advice of an attorney to determine whether or not you have a case.

What kind of damages can I collect?
If you're injured, you may be able to recover the amount of medical and hospital bills, rehabilitation services, and pharmacy bills that you have incurred, as well as any salary or wages you have lost as a result.
It is also possible to recover damages for physical pain and other losses, such as the ability to participate in the same activities you did prior to the accident. (This is known as pain, suffering, and inconvenience.) In some cases, the spouse of an injured person may also collect damages for disruption of the relationship.

Note: If you have selected the Limited Tort option on your automobile insurance policy, you may not be able to recover some of the damages listed.

Can I collect for punitive damages?
You can only recover punitive damages when the person being sued has intentionally or maliciously caused your injuries. Punitive damages are intended to punish the person at fault rather than to compensate the victim.

How do you determine the value of a case?
The facts of how the injury occurred and the degree of fault determines whether or not the other person is responsible. In most cases those facts will be disputed. Once responsibility is established, the value of the case depends largely on:

The severity of your injury

The length of your disability

The permanency (if any) of your injury

How long do I have to file a claim?
Generally, you must file a lawsuit within two years of the date that your injury occurred, but there are exceptions, however, as to who you can sue, which include:

You cannot sue the state or municipalities, except in certain cases, such as accidents involving government vehicles or occurring on defective government owned property.

If you have a claim against a government agency, you must notify them of your claim within six months.

You cannot sue your employer if you are covered under Workers' Compensation. However, if you are injured on the job due to the negligence of a third party other than your employer, you may have a claim for damages against that third party, in addition to the employee benefits you are entitled to under the workers' compensation laws.

What are the fees and costs involved in filing a claim?
In most cases, lawyers represent the injured parties on a contingent fee basis, which means that they receive a percentage of the gross recovery either by out-of-court settlement or trial verdict.

As a client, you are normally not responsible for costs that are advanced in handling your case, unless there is a recovery made. Then, costs are deducted from the settlement or verdict - after the fee is paid. The exception to this is in cases of medical negligence, where the initial cost for medical records, an initial consultation, and report may be the responsibility of the client.

How long does it usually take to complete a case?
This varies according to the complexity of the case and the court in which it is filed. Complex cases take longer to investigate and develop. In Western Pennsylvania, most courts will generally try a case within two years of the date of filing. Settlements can occur at any time before, during, or after a trial.

Note: It is important to allow our case time to be fully prepared if you hope to receive fair and adequate value.

As a client, what is expected of me throughout my case?
It is important for you to be involved in your case by:

Keeping your lawyer informed of any changes in the facts as your case progresses

Making your lawyer aware of any ongoing medical treatments or loss of income you incur

Providing witnesses to the results of your injury and any continuing problems you have

Answering formal questions (interrogatories) which the insurance company or defense lawyer requests, as well as producing any documents relevant to your case. In most cases, the defense will also take your statement under oath (deposition).

There may be other meetings or pre-trial hearings that you will be required to attend, and if your case goes to trial you must be present throughout the entire trial.

If you have a question about personal injury or think you may have a claim, call Caroselli Beachler for a free consultation at 412-391-9860.

Automobile accidents can happen to anyone at anytime. If you are involved in an accident, it is important to follow the steps listed below:

1 Stay Calm
Call an ambulance for anyone who is injured, and don't admit fault or discuss the accident with anyone, except police.

2 Exchange Information
Exchange only your driver's license, registration, and motor vehicle insurance card. Give your name, address, license plate number, and name of your insurance company to the other party, and get the same information from them.

3 Identify Any Witnesses
Get the names, addresses, and phone numbers of any people who saw the accident, but weren't involved in it.

4 Diagram The Accident
Note the date, time, and location of the accident, and use the space on the reverse side to draw a diagram. Note the make and year of the other vehicle, as well as the damage to it.

5 Report The Accident
Report the accident to your insurance company immediately, and if death or injury are involved, report it to the police.

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