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Understanding the Common Types of Injury Claims in Pennsylvania

  • Sanga IT
  • 4 hours ago
  • 3 min read

Injuries happen unexpectedly, and when they do, understanding your rights and options can make a big difference. Pennsylvania has specific laws and procedures that govern injury claims, and knowing the common types can help you navigate the process more confidently. This post breaks down the most frequent injury claims in Pennsylvania, what they involve, and what you should keep in mind if you find yourself facing one.


Eye-level view of a Pennsylvania road intersection with a damaged vehicle after a collision
Car accident scene at a Pennsylvania intersection

Car Accident Claims


Car accidents are among the most common reasons for injury claims in Pennsylvania. The state follows a comparative negligence rule, which means the compensation you receive can be reduced if you share some fault for the accident.


What to Know About Car Accident Claims


  • Fault and Liability: Pennsylvania uses a 51% rule. If you are found to be more than 51% at fault, you cannot recover damages.

  • Types of Damages: Claims often include medical expenses, lost wages, pain and suffering, and property damage.

  • Insurance Requirements: Pennsylvania requires drivers to carry minimum liability insurance, but sometimes this is not enough to cover all damages.


For example, if you were rear-ended at a traffic light and suffered a broken arm, you could file a claim against the other driver’s insurance. If you were partially speeding, your compensation might be reduced based on your share of fault.


Slip and Fall Claims


Slip and fall injuries happen frequently in places like stores, restaurants, and public buildings. Property owners have a duty to keep their premises safe, and failure to do so can lead to injury claims.


Key Points About Slip and Fall Cases


  • Premises Liability: Property owners must fix hazards or warn visitors about them.

  • Common Hazards: Wet floors, uneven surfaces, poor lighting, and cluttered walkways.

  • Proof Needed: You must show the property owner knew or should have known about the hazard and did not take action.


For instance, if you slipped on a wet floor in a grocery store that had no warning signs, you might have a valid claim. Documenting the scene with photos and getting witness statements can strengthen your case.


Close-up view of a wet floor sign placed in a supermarket aisle
Wet floor warning sign in a Pennsylvania supermarket

Workplace Injury Claims


Workplace injuries are common in Pennsylvania, especially in industries like construction, manufacturing, and healthcare. Most injured workers file claims through the state’s workers’ compensation system.


What You Should Understand About Workplace Claims


  • Workers’ Compensation: This system provides benefits regardless of fault but limits the ability to sue the employer.

  • Types of Benefits: Medical treatment, wage replacement, and rehabilitation services.

  • Reporting Deadlines: Injuries must be reported promptly to qualify for benefits.


If a construction worker falls from scaffolding and breaks a leg, workers’ compensation typically covers medical bills and part of lost wages. However, if a third party caused the accident, the worker might also pursue a separate personal injury claim.


Medical Malpractice Claims


Medical malpractice occurs when a healthcare provider’s negligence causes harm. These claims are complex and require expert testimony to prove the standard of care was breached.


Important Aspects of Medical Malpractice


  • Standard of Care: The care a reasonably competent provider would give under similar circumstances.

  • Common Cases: Misdiagnosis, surgical errors, medication mistakes, and birth injuries.

  • Statute of Limitations: Pennsylvania generally allows two years from the date of injury to file a claim.


For example, if a doctor fails to diagnose a serious condition that leads to worsened health, the patient might have grounds for a malpractice claim. Gathering medical records and expert opinions is crucial in these cases.


High angle view of a hospital corridor with medical staff walking
Hospital corridor in Pennsylvania with medical staff

Product Liability Claims


Injuries caused by defective products can lead to product liability claims. Manufacturers, distributors, and sellers can be held responsible if a product is unsafe.


What to Know About Product Liability


  • Types of Defects: Design defects, manufacturing defects, and failure to warn.

  • Examples: Faulty machinery, contaminated food, dangerous pharmaceuticals.

  • Proof Required: You must show the product was defective and caused your injury.


If a defective power tool causes an injury while used as intended, the injured person can file a claim against the manufacturer or seller. Keeping the product and packaging can help support the claim.


Final Thoughts on Injury Claims in Pennsylvania


Understanding the common types of injury claims helps you recognize when you have a case and what steps to take next. Whether it’s a car accident, slip and fall, workplace injury, medical malpractice, or product liability, each claim has its own rules and requirements. Acting quickly, gathering evidence, and consulting with a qualified attorney can improve your chances of fair compensation.


 
 
 

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