Sometimes yes, sometimes no! Of course people feel they have a case when they call my office. All callers have suffered an injury of some sort. However, I limit my representation to people who have suffered physical injuries due to the negligence of another. Let me explain.
Typical cases involve motor vehicle accidents, slip and falls, dog bites, ATV accidents, construction site injuries, defective products and nursing home negligence & abuse. In these instances, someone has suffered a physical injury and needs medical attention. If the injury is severe enough, I will take the case.
However, I will not take a case merely because you believe that you have been "wronged." For example, people frequently call and complain that their confidentiality has been breached regarding their medical treatment. In other instances, the person did not obtain a medical result that he or she wanted from a surgery. The person feels that this is medical malpractice. Merely because you did not obtain the result that you desired, does not mean that the physician was negligent.
Pennsylvania law also does not recognize any emotional suffering you may have if it is not related to a physical injury. For example, there is no pain and suffering against the builder of your home simply because you do not like the way it looks. While this may have caused you distress and anger, the law does not recognize this as an area of damage. Additionally, Pennsylvania law does not allow for damages because you could have been hurt worse than you were. For example, people get involved in motor vehicle accidents with severe property damage. Fortunately the person may be injured slightly or unscathed despite the frightening pictures of the totaled automobile. Nonetheless, the law will not give you additional damages for "what could have happened." In this instance, count your lucky stars that your injuries were not worse, or that you were not hurt at all.
Do I have a case? The answer is "yes" if you are injured due to the fault of some third party, and that the defendant's negligence caused physical and, at times, emotional damages. If you are the victim of such an accident, call our office for a free evaluation.