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What You Need to Know About Personal Injury Law

Personal Injury Law & Gavel

What is personal injury law?

Every member of our community has a duty to exercise reasonable care to prevent harming others.  When we fail to exercise reasonable care (e.g. choosing to send text messages while driving) and as a result, another person is injured, the person who failed to exercise reasonable care is responsible for the harm caused.  Personal injury or “tort” law exists to enable those who have been hurt to seek compensation for their financial losses and pain and suffering from the persons or companies responsible for the injuries.

The object of Pennsylvania’s tort law is to modify behavior by imposing the financial risk on the party in the best position to prevent the harm. Personal injury / tort claims are part of the civil justice system, which basically means that personal injury cases are separate from any related criminal cases, and only deal with harms and losses or injuries to person or property.

Seeking compensation through personal injury law means more than just filing a lawsuit. The legal rules and the knowledge of attorneys experienced with injury law also shape the investigation of the claims and the process of settlement negotiations.

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5 Things That a Personal Injury Attorney Does for You

When you’re injured as a result of someone else’s negligence, it puts a tremendous strain on your livelihood. The burden of medical bills and insurance claims can make your physical pain and suffering even worse.

If you have been injured, it is recommended that you consult the services of a personal injury attorney. This legal professional represents your best interests and fights for the compensation you deserve. Here are five ways a personal injury attorney helps you.

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Sovereign Immunity: The King Can Do Wrong

gavel on a book

The principal of sovereign immunity, which prohibits the suing of the state or political subdivisions (boroughs, cities, school districts, etc.), has been around for a long time and grew out of the old English theory of “the King can do no wrong.” That got tossed out by the Pennsylvania Supreme Court in 1978 and after a couple of years of proving that the King could do a lot of wrong, the Legislature passed two laws. One gave immunity back to the state with certain exceptions and the other gave immunity back to political subdivisions, also with certain exceptions. These exceptions allow the injured to sue the state or city.

In the last 20 years, rulings of the Commonwealth Court (which hears all appeals concerning the state or political subdivisions) have greatly narrowed two of these exceptions. One says that you can sue the state for a dangerous condition of realty owned by PennDOT, and the other is for the operation of a motor vehicle by a political subdivision.

Both of these exceptions were restored to their proper breadth in two recent cases by the Supreme Court.

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Knee Injuries Greatly Increase the Development of Arthritis

Herr & Low has represented injured people for over 30 years and that long view informs what we do. We know, from clients who have kept in touch or returned to see us later, that an injury to a joint will cause problems down the road. A report in the New York Times now gives … Read more