Tort law in Pennsylvania covers a wide range of personal injury cases, such as car accidents, slip and fall incidents, medical malpractice, and product liability. If you have suffered harm as a result of someone else’s negligence or intentional actions, you may be entitled to compensation for your injuries, including medical expenses, lost wages, and pain and suffering.
Whether you have been injured in a car accident, slip and fall, or any other type of personal injury incident, it is crucial to seek legal advice from skilled attorneys who are knowledgeable in tort law. At Rubin, Glickman, Steinberg & Gifford, P.C., we are here to provide you with the guidance and representation you need to navigate the complexities of tort law in Pennsylvania and obtain the compensation you deserve.
What Is Tort Law?
Tort law encompasses a wide range of civil wrongs that result in harm or injury to an individual or their property. This area of law allows individuals to seek compensation for the damages they have suffered due to the negligence or intentional actions of another party.
Tort law is based on the principle that everyone has a duty to exercise reasonable care in their actions to prevent harm to others. When this duty is breached and harm results, the responsible party can be held liable for their actions.
There are several types of torts that can give rise to a legal claim, including negligence, intentional torts, and strict liability. Negligence occurs when a person fails to exercise reasonable care in their actions, resulting in harm to another person. Intentional torts, on the other hand, involve purposeful and deliberate actions that cause harm or injury to another person, such as assault, battery, or defamation. Strict liability applies in cases where a person is held responsible for harm caused by their actions, regardless of fault or intent.
In order to successfully pursue a tort claim, the plaintiff must prove that the defendant’s actions were the direct cause of their harm and that they suffered actual damages as a result. Damages in tort cases can include compensation for medical expenses, lost wages, pain and suffering, and property damage.
Required Elements to Prove Negligence in a Tort Case
In a tort case in Pennsylvania, a plaintiff must establish certain elements to prove their claim. First, they must demonstrate that the defendant owed them a duty of care. This means showing that the defendant had a legal obligation to act in a manner that did not cause harm to others. Next, the plaintiff needs to prove that the defendant breached this duty of care. This breach could involve actions such as negligence or intentional harm.
Then, the plaintiff must establish that this breach directly caused their injuries or damages. It is essential to show a clear link between the defendant’s actions and the harm suffered by the plaintiff. Finally, the plaintiff needs to demonstrate the extent of their damages, whether they are physical, emotional, or financial in nature, to seek compensation.
Burden of Proof
In Pennsylvania tort cases, the burden of proof lies with the plaintiff to establish their claim by a preponderance of the evidence. This means that the plaintiff must show that it is more likely than not that the defendant’s actions led to the harm suffered. The burden of proof in a civil case like a tort claim is lower than in a criminal case, where the standard is proof beyond a reasonable doubt. The plaintiff must present credible evidence and persuasive arguments to convince the court or jury of the validity of their claim. Failing to meet the burden of proof can result in the dismissal of the case or an unfavorable result for the plaintiff.
Statute of Limitations
One important aspect of tort law in Pennsylvania is the statute of limitations, which sets a time limit for filing a lawsuit after an injury or harm has occurred. In Pennsylvania, the statute of limitations for most personal injury cases is two years from the date of the incident. It is important to be aware of this deadline and take prompt action to protect your ability to seek compensation from the responsible party.
Contact a Pennsylvania Personal Injury Law Firm Today
At Rubin, Glickman, Steinberg & Gifford, P.C., we focus on personal injury cases and have been serving clients in Pennsylvania for over 65 years. Our team of skilled attorneys is dedicated to providing you with the legal representation you need to navigate the complexities of tort law and obtain the compensation you deserve.
If you or a loved one have been injured due to someone else’s negligence, call Rubin, Glickman, Steinberg & Gifford, P.C. at (215) 822-7575 or use our contact form to schedule a free consultation.
