A child has to have an operation on their brain because the doctors found a brain tumor and it was malignant. However, during the operation, a mistake is made and the child is rendered mentally incapacitated as a result of the error in the surgery.
The parent now can file a personal injury lawsuit against the surgeons or the hospital and will need to find a personal injury attorney. A brain injury lawyer in Washington, PA advises and represents clients in cases such as these and wants the clients to be aware of the personal injury laws in Pennsylvania.
Personal Injury Law in Pennsylvania
In the first place, if a lawsuit is going to be filed due to a personal injury case such as brain injury, the plaintiff has two years from the date of the accident to file the lawsuit in a civil court in Pennsylvania. If the plaintiff misses this deadline, it is unlikely that the lawsuit will be heard, and the plaintiff will also lose the opportunity to be awarded damages in the matter. It is imperative for the plaintiff to act on the lawsuit as soon as possible.
More About Personal Injury Law in Pennsylvania
In Pennsylvania, the defendant in the matter can try to prove that the plaintiff was partly to blame for what happened. This is known as the modified comparative fault rule and, if the plaintiff is found to be any percentage at fault, that percentage will be reduced from the damages that may be awarded. If the plaintiff is found to be more than 50 percent at fault, no damages will be awarded, so it is critical that the plaintiff is aware of this.
A Personal Injury Attorney in Pennsylvania
It is easy for a person to find a personal injury lawyer or law firm in Pennsylvania by going online. Woomer & Talarico LLC is a law firm that represents clients in personal injury cases in the Washington area. Anyone in need of a brain injury lawyer in Washington, PA can contact us for more information.