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Can I be held accountable in my own personal injury lawsuit for negligence?

To say that car accidents are not always neat and tidy is true, even if it is an understatement. To say that car accidents are not always neat and tidy from a legal perspective may not be obvious to all, but is nevertheless true. One way this is true is when the negligence of multiple parties has contributed to a plaintiff’s injuries. Determining liability in such cases is not always an easy matter.

Under Pennsylvania’s comparative negligence law, a plaintiff’s own negligence does not necessarily bar recovery of damages, but it can be factored into his or her recovery. The law provides that a negligent plaintiff may still recover damages except in cases where his or her negligence exceeds the negligence of the defendant or defendants. So, a plaintiff who is deemed by a jury to be 51 percent or more at fault for his or her own injuries may not recover damages. A plaintiff who is less than 51 percent at fault for his or her own injuries may still recover, then, but his or her damages are reduced in proportion to the degree of negligence assigned to the plaintiff.

It is important to emphasize that, under the comparative negligence law, the ability to recover damages from a negligent party may be limited by that party’s proportionate liability, but not in cases where a party meets a certain threshold of liability. Exceptions to this rule are: cases where the defendant is at least 60 percent responsible for the total liability; cases involving intentional misrepresentation; cases involving an intentional tort; in certain cases where hazardous substances were involved; an in certain cases involving violations of the Liquor Code.

It is important for car accident victims to work with an experienced attorney in building a solid damages case. This includes working to reduce the consequences of the plaintiff’s own liability and ensuring that his or her ability to recover from at fault parties is maximized.

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Client Testimonials
  • "I had a slip and fall in a grocery store and injured my shoulder to the point of needing surgery to repair. The Law Firm made contact with them to make restitution on my behalf. After going back and forth… they awarded me a settlement for my pain and medical bills. The [Firm] were super easy to work with and I would definitely… use them again. I was and am very satisfied with the end result. THANK YOU!"  -Bob S.

  • "When I got hurt at work I didn’t know what I was going to do being a single mom of three. It was very scary and only weeks before Christmas to boot. I was referred to the Pagano Law Firm by my mom and it was the best decision. The Firm took me under their wing and assured me everything would be okay. They handled everything and kept me posted along the way. I am so happy to be back on my feet in more ways than one… my case was handled with such care and the end result was more than I expected. I would recommend the Pagano Law Firm to everyone I know!"  -Jill

  • "We reached out to the Pagano Law Firm after a serious car accident. At the time it was not clear the extent of the injuries and what it would take to make us whole. The Pagano Law Firm attorneys were diligent in the handling of the case and advocated for us not just as clients but as friends. They were considerate and professional throughout the two years it took to bring the case to a close. Ultimately, we were successful in reaching a resolution that surpassed our expectations. We are very grateful to Marlo… and would recommend the firm for any legal concerns."  -M.V.

  • "Excellent. Awesome – very efficient. Thanks for everything."  -J.H.

  • "The Pagano Law Firm put our minds at ease in a difficult situation for us. They made us feel like family & were there with answers to any questions. They made our experience in a difficult situation a good one. Very thankful for the Pagano Law Firm and everyone there. Highly Recommend."  -Richard R.

  • "he Pagano Law Firm was so understanding and supportive in helping with our unexpected situation. We were so grateful to be working with such caring, supportive people. Thank you for all your help and support."  -M.R.

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  • Media Office
    115 West State Street
    Suite 401
    Media, Pennsylvania 19063
    Phone: 484-442-8750
    Fax: 484-442-8742
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