How to Prove Negligence in Your PA Personal Injury Claim

If you’ve been injured due to someone else’s carelessness, you might be wondering, “How do I prove negligence in a Pennsylvania personal injury claim?” Here’s the answer.

To prove negligence in Pennsylvania, you must establish four elements: duty of care, breach of duty, causation, and damages. Additionally, Pennsylvania’s modified comparative negligence rule allows you to recover damages only if you are less than 51% at fault for the accident.

Understanding negligence is key to building a strong personal injury case. With decades of experience representing injured clients in Pennsylvania, I’ve helped countless individuals secure the compensation they deserve. In this article, I’ll explain how negligence works and how you can prove it to maximize your recovery.

What Are the Four Elements of Negligence?

To succeed in a personal injury claim, you must prove the following:

1. Duty of Care:
   The defendant owed you a legal duty to act with reasonable care.
   • Example: Drivers must follow traffic laws, and property owners must maintain safe premises.
2. Breach of Duty:
   The defendant violated their duty of care by acting negligently or failing to act responsibly.
   • Example: A driver texting while driving breaches their duty to operate their vehicle safely.
3. Causation:
   The defendant’s breach directly caused your injuries.
   • Example: A driver running a red light and hitting your car is the direct cause of your injuries.
4. Damages:
   You suffered measurable losses due to the accident, such as medical bills, lost wages, or pain and suffering.

Quick Tip: Evidence like witness statements, photos, and expert testimony can help prove these elements.

 

How Does Comparative Negligence Work in Pennsylvania?

Pennsylvania follows a modified comparative negligence rule, which means:

• You can recover damages if you are less than 51% at fault for the accident.
• Your compensation is reduced by your percentage of fault.

Example:

• If your total damages are $100,000 and you are 20% at fault, you can recover $80,000.
• If you are 51% or more at fault, you cannot recover any damages.

Quick Tip: An experienced attorney can help minimize the percentage of fault attributed to you, maximizing your compensation.

What Is Gross Negligence, and How Does It Differ From Ordinary Negligence?

Gross negligence involves a higher degree of carelessness than ordinary negligence.

• Definition: Gross negligence is a willful disregard for the safety of others.
• Examples: Driving under the influence, ignoring known safety hazards, or deliberately violating safety laws.
• Impact: Cases involving gross negligence may result in punitive damages, which are intended to punish the defendant and deter similar behavior.

Quick Tip: Punitive damages are rare in ordinary negligence cases but may apply if gross negligence is proven.

What Evidence Is Needed to Prove Negligence?

Strong evidence is essential for proving negligence. Key types of evidence include:

1. Photographs and Videos: Document the accident scene, injuries, and property damage.
2. Police Reports: Provide an official record of the incident and fault determination.
3. Medical Records: Establish the extent of your injuries and their connection to the accident.
4. Witness Statements: Support your version of events and refute the defendant’s claims.
5. Expert Testimony: Accident reconstruction specialists or medical experts can clarify technical details.

Quick Tip: Preserve evidence immediately after the accident to strengthen your case.

What Role Does Duty of Care Play in Negligence Cases?

Duty of care refers to the legal obligation to act responsibly and avoid causing harm to others.

• Examples of Duty of Care:
  • Drivers must obey traffic laws and avoid reckless behavior.
  • Property owners must fix hazardous conditions or warn visitors of potential dangers.
  • Medical professionals must adhere to established standards of care.

Quick Tip: Establishing duty is the foundation of every negligence claim. An attorney can help identify the defendant’s specific duty in your case.

 

How Long Do You Have to File a Negligence Claim in Pennsylvania?

The statute of limitations for personal injury claims in Pennsylvania is two years from the date of the injury.

• Exceptions:
  • Discovery Rule: If the injury or its cause is not immediately apparent, the statute begins when you discover—or reasonably should have discovered—the harm.
  • Minors: The statute does not begin until the injured party turns 18.

Quick Tip: Filing promptly ensures your rights are protected and allows your attorney to collect time-sensitive evidence.

Call Now for a Free Consultation

Proving negligence in a personal injury case can be challenging, but you don’t have to face it alone. At Mattiacci Law, we have the experience and resources to build a strong case and fight for the compensation you deserve.

Call Mattiacci Law today at 856-219-2481 for a free, no-obligation consultation. Let us help you protect your rights and maximize your recovery.

 

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