Pennsylvania state law allows victims of negligence to bring personal injury claims against the liable party/parties. Liable parties can be other people, medical professionals, product manufacturers, businesses, municipalities, governments, and other entities.

In order to bring a personal injury claim, you will need to prove (in most cases) the following things:

• The At-Fault Party Owed You a Duty of Care: Generally speaking, a “duty of care” is simply an obligation to act with reasonable care when carrying out activities that could potentially cause harm. For example, a motorist has an obligation to follow the rules of the road and take reasonable actions to avoid collisions. A doctor has a duty to do everything he or she can to provide patients with an acceptable standard of care.
• The Duty of Care Was Breached: A duty of care is breached whenever the party that has this duty fails to take reasonable actions to uphold this duty. A duty of care can be breached either be actions or inactions; for example, if a doctor fails to listen to a patient’s complaints, ignores her symptoms, and does not properly diagnose her illness, the doctor has breached the duty of care through inaction.
• You Suffered Injuries/Damages as a Result: Lastly, you must show that the at-fault party’s failure to uphold the duty of care led to your injuries and damages. “Damages” is a legal term that describes the losses—financial and otherwise—you have suffered as a result of your injuries. This includes things like medical bills, lost wages/income, pain and suffering, disability, and more.

In order to bring a personal injury claim, you will nearly always have to prove all three of these elements. If another person or company acted negligently, but you did not suffer any injuries/damages, you will not be able to bring a claim. Similarly, if the party in question did not owe you a duty of care, you also will not be able to bring a claim.

Because every case is unique, it is important that you discuss your situation with an experienced attorney who can help you clearly understand all of your legal rights and options. In Pennsylvania, you typically have two years from the date of the accident/injury (or the date at which you reasonably should have become aware of the injury) to bring a personal injury claim. This is known as the statute of limitations and, once it has passed, you will most likely not be able to pursue compensation.