Personal Injury Lawyer - Philadelphia - KaplunMarx

More About Philadelphia Personal Injury Claims

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Personal injury cases can be incredibly stressful and overwhelming experiences for those involved. In Philadelphia, there are a variety of law firms that specialize in helping accident victims receive the compensation they deserve. At KaplunMarx, we offer  personal communication with experienced attorneys, a deep understanding of the legal system, and a tradition of success in securing large verdicts and settlements.

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Don't Face Insurance Companies Alone

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Insurance carriers have whole teams of experts and attorneys whose job it is to reduce, mitigate or outright deny your claim. If your claim has already been denied, you will likely not be able to even re-open the discussion without a good personal injury attorney.

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Keep in mind that having a KaplunMarx attorney on your side will give you these advantages among others when dealing with insurance companies:

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- Our attorneys can gather evidence to support the claim and present it in a persuasive manner.

- Our attorneys can negotiate with the insurance company to ensure fair compensation for medical expenses, lost wages, pain and suffering, and other damages.

- If necessary, we can take the case to trial and argue on behalf of the victim in front of a judge or jury.

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Insurance Claim Denials or Lack of Cooperation

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Insurance carriers will do just about everything in their power to keep you from a fair claim. They may use tactics such as:

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Disputing liability: Insurance companies may argue that their policyholder was not at fault for the accident or that the victim was partially responsible. This can lead to reduced compensation or even a denial of the claim altogether.

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Delaying payment: Insurance companies may drag out the claims process by requesting additional documentation or conducting multiple investigations. This can add stress and financial strain on victims who are already dealing with medical bills and lost wages. It can also give rise to opportunity for claimants to miss deadlines.

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Lowball settlements: Insurance companies may offer low settlement amounts in hopes that victims will accept them without question. However, these offers often do not fully compensate individuals for their injuries and losses.

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The Importance of Getting Treatment

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If you become a client, we may be able to help you get medical treatment with our network of trusted providers here in Philadelphia without upfront out of pocket costs.

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Seeking prompt and appropriate medical treatment is crucial when you are working on a personal injury claim, as it can establish the cause and severity of the injury and provide vital evidence to support a case. Delaying medical treatment may not only harm your health but also your legal case, as insurance adjusters may use delayed treatment as an excuse to deny a claim.

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In a personal injury lawsuit, it is incumbent upon you to demonstrate that the defendant's negligence was directly responsible for your injury, resulting in incurred damages.

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Nevertheless, if there was a prolonged delay before seeking medical attention following your accident, the court or jury may interpret this as an indication that your injuries were less severe than you alleged. Such an interpretation could lead to a reduction in the compensation initially slated for you.

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Documented medical care is essential for personal injury claims. It can serve as vital ammunition for the case and establish a baseline amount for settlement payouts.

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Long-term medical treatment costs should be covered by personal injury settlements, but delaying treatment may result in insufficient coverage for long-term care. Additionally, not seeking immediate medical attention after an accident could lead to serious lingering health effects that are difficult to treat later on.

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Additionally, gaps in treatment or accusations of malingering could weaken the credibility of your claim before insurance companies or in court.

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Developing Your Claim or Court Case

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We put dozens, even hundreds of hours into developing cases for our clients. To build a strong case, it is crucial to thoroughly investigate and gather all relevant evidence, including medical records, witness statements, and accident reports.

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This can involve working with experts such as accident reconstruction specialists or medical professionals to provide testimony regarding the severity of injuries. We may put extensive work into collecting and organizing documentation needed to prove our claims. Additionally, our attorneys may utilize legal strategies such as discovery, which allows them to request information from opposing parties that may be critical to building a successful case. In some cases we may employ private investigators or expert witnesses to help our client's cases.

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As mentioned previously our attorneys also negotiate aggressively with insurance companies to reach a fair settlement outside of court. However, our attorneys won't hesitate to litigate if necessary for proper compensation for our client's injuries and losses.

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Personal Injury Damages We May Speak With You About While We Develop Your Case

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In personal injury cases, two types of damages are typically awarded to compensate the injured party: general damages and special damages.

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General damages refer to non-economic losses, such as pain and suffering, emotional distress, or loss of enjoyment of life.

Special damages, on the other hand, are quantifiable financial losses incurred as a direct result of the injury, such as medical expenses or lost wages.

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The amount and type of damages awarded in a personal injury case depend on the specific circumstances surrounding the injury and its impact on the plaintiff's life.

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General Damages

General damages are a type of compensation that aims to restore the injured individual to their position before the accident and compensate them for non-economic losses such as pain and suffering, disfigurement, and loss of personal enjoyment. These damages are subjective in nature because they cannot be easily quantified or measured by objective standards.

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Instead, general damages are awarded based on the severity and impact of the injury on the victim's life. Pain and suffering refer to physical discomfort, emotional distress, anxiety, depression, and other psychological effects that result from an injury. Disfigurement covers any permanent scarring or deformity caused by an accident. Loss of personal enjoyment refers to any negative effects on the victim's quality of life such as inability to participate in hobbies or activities they once enjoyed.

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The amount of compensation awarded for general damages varies depending on each case's unique circumstances, including factors like age, extent of injuries sustained, duration of recovery time needed, and future limitations due to injuries incurred during the accident.

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Special Damages

Compensation for special damages covers quantifiable costs resulting from the injury, such as medical expenses, loss of income, and projected costs of future medical treatment. These damages aim to restore injured individuals to their position before the accident and compensate them for their injuries. The amount awarded for special damages depends on the severity of the injury and its impact on the victim's life.

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For instance, if a person is unable to work due to their injury, they may receive compensation for lost wages. In addition to economic losses like medical bills and lost income, special damages can also include non-economic losses such as pain and suffering, disfigurement, humiliation, or loss of personal enjoyment.

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Victims will likely need to provide receipts and records showing how much they paid in medical bills or other expenses related to their injury. If we take your case, we will help you identify which expenses are compensable under special damages and ensure that they receive fair compensation for these losses.

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Escalating Your Case to Trial

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At KaplunMarx, we are not intimidated by taking your case to court if necessary. While this means a payout for your losses and injuries will likely take longer, it is sometimes the only way to receive the compensation that is warranted (or any at all).

Our team is more than ready and able to file a lawsuit and aggressively pursue it in court on your behalf.

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In Philadelphia, civil litigation trials are primarily heard in two courts: the Philadelphia County Court of Common Pleas and the United States District Court for the Eastern District of Pennsylvania.

1. Philadelphia County Court of Common Pleas: This is a state trial court of general jurisdiction. It handles a wide range of civil cases, including personal injury, contract disputes, property disputes, and other types of civil litigation. The Court of Common Pleas is organized into several divisions, one of which is the Civil Division. The majority of civil litigation trials in Philadelphia are heard in this court.
2. United States District Court for the Eastern District of Pennsylvania: This is a federal trial court that hears civil cases involving federal laws or disputes between residents of different states where the amount in controversy exceeds $75,000. It also hears cases involving the U.S. government as a party, as well as certain special types of cases, like bankruptcy and maritime law cases.

If the decision of either of these courts is appealed, the case would move to an appellate court. For the Court of Common Pleas, appeals are heard by the Pennsylvania Superior Court or the Commonwealth Court, and then possibly the Pennsylvania Supreme Court. For the U.S. District Court, appeals go to the Third Circuit Court of Appeals.

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