The process for filing a personal injury lawsuit in Pennsylvania starts with a complaint being filed in the Court of Common Pleas in the county where the injury occurred. The complaint must describe in detail the cause of action, the damages sought, and the legal grounds for the lawsuit. The complaint must then be served on the defendant, who has the opportunity to respond with an answer, counterclaim, or motion to dismiss.
Prior to pursuing legal action, it is important to consider the following factors:
- Statute of limitations: Pennsylvania has a two-year statute of limitations for personal injury lawsuits. This means that any lawsuit must be filed within two years of the date of the injury, or the claim will be barred.
- Comparative negligence: Pennsylvania operates under a modified comparative negligence system, which means that a plaintiff’s recovery in a personal injury lawsuit may be reduced by their degree of fault in the accident. If the plaintiff is found to be more than 50% at fault, they may be barred from recovering any damages.
- Insurance coverage: The defendant may have insurance coverage that could affect the outcome of the lawsuit.
- Availability of evidence: It is important to determine whether there is sufficient evidence to establish liability and damages before pursuing a lawsuit.
If you are considering pursuing legal action, it is recommended that you consult with a licensed attorney who can provide advice on your specific situation. An attorney can evaluate the merits of your case, assess any potential limitations or exceptions, and provide guidance on the best course of action.
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