When another person’s negligence leads to serious injury, the impact on your life can be profound—physically, emotionally, and financially. At The Pearce Law Firm, we know how a single act of carelessness can result in overwhelming medical expenses, loss of income, and long-term pain and suffering. That’s why our dedicated team of skilled and experienced negligence lawyers is here to represent you and help you seek the compensation you deserve.
We work to hold liable parties accountable through strategic legal representation, thorough investigation, and clear communication every step of the way. Whether you were injured in a car accident, slip and fall, or another type of preventable incident, we’re committed to building a strong case grounded in evidence and legal expertise. From filing your claim to negotiating a settlement or taking your case to trial, our goal is to ensure justice is served and that you have the support you need to move forward.
Let us advocate for your rights with the professionalism, integrity, and responsive service that defines The Pearce Law Firm.
What is Negligence in Pennsylvania?
In Pennsylvania, negligence is considered to be when a person or entity fails to exercise the level of care that a reasonable person would under similar circumstances, thus resulting in harm to others. To successfully bring a negligence lawsuit in Pennsylvania, you must prove:
- The defendant owed a duty of care to you
- Breached that duty
- Caused your injuries as a direct result of their actions (or inactions)
Negligence can appear in a variety of situations, including car accidents, slip and fall incidents, medical errors, defective products, and more. If you’ve been injured due to negligence, you may be able to sue for negligence and recover damages.
Difference Between Contributory Negligence and Comparative Negligence in PA
Negligence law in Pennsylvania operates under the doctrine of comparative negligence. This means that fault can be shared in negligence cases. If you are partially responsible for the accident or injury, your damages may be reduced by the percentage of fault attributed to you. Therefore, if you are found to be 20% at fault for an accident, you may only recover 80% of the total amount of damages.
This is different from contributory negligence, which is used in some states where if you are even 1% at fault, you may be barred from recovering any form of compensation for damages. In Pennsylvania, comparative negligence allows you to still recover damages, even if you’re partially at fault. However, you must not be more than 50% responsible for the accident.
Types of Negligence Cases We Handle in Philadelphia
At The Pearce Law Firm, we handle a wide range of negligence cases, including but not limited to:
- Car Accidents – Negligence in car accidents can actions such as:
- Distracted driving
- Speeding
- Failing to yield the right of way
- Slip & Falls – Property owners have a responsibility to maintain safe conditions for those passing by and for customers. When they fail to do so, it could result in slip and fall injuries, and they may be held liable.
- Negligent Security – When property owners fail to provide adequate security, and you are harmed as a result, you may be entitled to compensation.
- Premises Liability – Injuries caused by unsafe conditions on a property, such as falling debris or wet floors.
- Product Liability – When a defective product causes injury, the manufacturer or distributor may be held liable for negligence.
- Construction Accidents – Negligence in construction site safety can lead to serious injuries.
At The Pearce Law Firm, we are committed to holding negligent parties accountable and helping you recover the compensation you deserve.
Contributory Negligence in Pennsylvania
What if I’m partially at fault in the accident?
First, it should be explained that in Pennsylvania, a plaintiff or injured victim cannot recover if he or she is determined by the jury to be over 50% negligent.
This concept is called “contributory negligence.” The legal concept of contributory negligence is often involved in a rear-end crash if the injured party rear-ended another car. For example, Susie Smith is involved in a car accident when she rear-ends John Doe. John Doe did not have his brake lights working, and he also was stopped in the middle of the road. However, Susie Smith cannot recover if the jury finds that Susie Smith was 51% at fault and John Doe was 49% at fault because Susie Smith should have seen John Doe and should have had her car under sufficient control to be able to stop and avoid the rear-end collision.
In other words, the jury has concluded that Susie Smith was the main cause of the accident.
Comparative Negligence in PA
Multiple parties at fault.
If a plaintiff is 50% or less at fault, a plaintiff may recover in a personal injury lawsuit.
So, in the above example if Susie Smith is found to be 40% at fault, but John Doe is found to be 60% at fault, Susie Smith recovers. This concept is known as comparative negligence – comparing each party’s negligence. If the jury awards $100,000 in damages, the award would be reduced by 40%. Susie Smith will recover $60,000 ($100,000 damages awarded by jury – 40% comparative fault (40,000) = $60,000)
What Types of Damages Can I Recover from Negligence?
If you’ve been injured due to someone else’s negligence, you may be entitled to several types of compensation through a Philadelphia negligence lawsuit. These damages are designed to help ease the burden of your accident financially, emotionally, and physically. The goal of awarding damages is to get victims of negligence back to where they were before the accident, or as close as possible. At The Pearce Law Firm, we fight to recover the full value of what you’ve lost, which may include:
Economic Damages
Economic damages cover direct financial losses that are relatively easy to calculate. Essentially, they are damages that a dollar amount can be assigned to. Examples include:
- Medical Expenses – Past and future medical bills related to your injury, including:
- Emergency room visits
- Surgeries
- Physical therapy
- Prescription medications
- Assistive devices (like wheelchairs or prosthetics)
- Ongoing treatment or rehabilitation.
- Lost Wages – If your injury caused you to miss work, either temporarily or permanently, you can recover compensation for lost income, both past and future.
- Loss of Earning Capacity – If your injuries prevent you from returning to your prior job or diminish your ability to earn wages in the future, you may be entitled to damages for that lost potential.
- Property Damage – In cases like car accidents or bicycle accidents, you can recover the cost of repairing or replacing your damaged property, which is especially important if your vehicle is deemed to be totaled.
- Out-of-Pocket Expenses – This includes any additional costs you’ve had to take on due to the accident, such as travel to medical appointments, home modifications, or hiring help with household tasks.
Non-Economic Damages
These damages account for the more personal, intangible impacts of an injury. They tend to be associated with real harms that are harder to quantify but no less important:
- Pain and Suffering – Compensation for physical pain and discomfort resulting from your injury.
- Emotional Distress – Covers anxiety, depression, PTSD, and other emotional challenges caused by the trauma of the accident.
- Loss of Enjoyment of Life – If you’re no longer able to engage in activities you once loved, such as sports, hobbies, or social events, you can be compensated for that diminished quality of life.
- Loss of Consortium – A spouse or family member may be able to claim damages for loss of companionship, affection, or sexual relations due to the injury.
Punitive Damages
Punitive damages are not awarded in every case but may be available when the at-fault party’s behavior was especially reckless or malicious. These are designed to punish the wrongdoer and deter similar misconduct in the future. Examples of when punitive damages might apply include:
- A driver who caused a crash while intoxicated or racing on city streets.
- A business owner who knowingly ignored a serious safety hazard on their property.
- A trucking company that forced drivers to break safety regulations, resulting in a catastrophic accident.
For more details on how we calculate pain and suffering for our clients, check out our Pain and Suffering Calculator.
What is Needed to Prove Negligence?
To prove negligence in a lawsuit, you must demonstrate the following elements:
- Duty of Care – The defendant owed a duty of care to you. For example, drivers have a duty to drive safely, and property owners must maintain safe premises.
- Breach of Duty of Care – The defendant failed to meet that duty of care. This could involve actions like speeding, not maintaining property, or manufacturing a defective product.
- Causation – You must prove that the defendant’s actions directly caused your injuries.
- Damages – You must have suffered actual damages (injuries, financial loss, etc.) as a result of the breach.
While this process of proving negligence may seem simple, it can quickly become stressful and overwhelming. That’s why a Philadelphia negligence lawyer from our team will work diligently to gather evidence and use their knowledge of Pennsylvania law to prove negligence caused your injuries.
Why Can Negligence Lawsuits Be Difficult to Prove?
Proving negligence can be challenging for several reasons. The defendant may deny their actions caused your injury or argue that you were partially or entirely at fault, and insurance companies will agree to save them money. In some cases, there may be insufficient evidence to establish causation or damages, which will make winning the case tricky on your own. That’s why it’s important to work with an experienced negligence attorney who can gather the necessary evidence, interview witnesses, and build a strong case on your behalf.
How a Philadelphia Negligence Attorney Can Help
A skilled negligence lawyer from The Pearce Law Firm can help you manage the complexities of a negligence case in Philadelphia. Our team will:
- Investigate the circumstances surrounding the incident.
- Gather evidence, such as:
- Witness statements
- Medical records
- Accident reports
- Expert testimonies
- Negotiate with insurance companies to make sure you receive fair compensation.
- Represent you in court if your case goes to trial.
Having an experienced Philadelphia negligence lawyer from our team by your side can increase your chances of securing a favorable outcome.
How Much is Your Philadelphia Negligence Case Worth?
No two negligence cases are the same. Therefore, the value of your negligence case depends on several factors, including:
- The severity of your injuries
- The amount of lost wages
- The extent of the defendant’s liability
You can get a better idea of how much your negligence case is worth by checking out our resources on Car Accident Settlements and Lawsuit Amounts or using our Pain and Suffering Calculator.
Fair Share Act in Pennsylvania
The Fair Share Act is a law that limits the financial responsibility of defendants in negligence cases. Under this law, a defendant will only be liable for damages in proportion to their percentage of fault in the incident, just like comparative fault is determined. However, as previously stated, if a defendant’s fault exceeds 60%, they may be held liable for the entire judgment, even if they are less than 100% responsible. This law is designed to make sure there is fairness in negligence lawsuits and prevent defendants from escaping liability for their actions.
Exceptions to the Fair Share Act in Pennsylvania
There are several exceptions to The Fair Share Act, which will still allow a plaintiff to collect the full amount of judgment against one defendant even if there is more than one defendant at fault for the accident.
The most important exception is if one of the defendants is 60% or more at fault. So, in the above example, if the jury finds John Doe 40% at fault, ABC Company 60% at fault, and Susie Smith 0% at fault, Susie Smith can collect the entire judgment of $100,000 from ABC Company, rather than trying to collect $40,000 from John Doe and $60,000 from ABC Company. This oftentimes is important for example if John Doe has no automobile insurance. If ABC Company is 60% or more at fault; Susie Smith can collect the entire amount from ABC Company of $100,000, rather than collect $60,000 from ABC Company and possibly nothing from John Doe because he did not have automobile insurance.
The other exceptions to The Fair Share Act allowing a plaintiff to collect the entire judgment against one defendant include:
- An intentional tort;
- The release of a hazardous substance under the Hazardous Sites Cleanup Act; and
- Serving alcohol to a visibly intoxicated patron under the Liquor Code.
How Does the PA Fair Share Act Affect Collecting Damages When There Are Two or More Defendants at Fault?
Many car accidents and other personal injury cases involve more than one defendant who may be at fault for the accident. Also, many times the defendant will allege that the plaintiff was at fault in causing the accident. When there are multiple parties at fault in an accident, the concepts of contributory negligence, comparative negligence, and joint and several liability may all be involved.
Joint and Several Liability in PA
In Pennsylvania, the law of joint and several liability applies in negligence cases. This means that if there are multiple defendants whose negligence caused injury to the victims, each defendant may be held fully responsible for the entire amount of damages, regardless of their degree of fault.
However, under the Fair Share Act, a defendant can only be responsible for their portion of the damages if their share of fault is less than 60%. If their fault exceeds 60%, they may be required to pay the full amount of the compensation owed to the victim.
Who pays damages when there are multiple defendants?
What if there are two or more defendants at fault in the case? For example, Susie Smith rear-ended John Doe when she was forced to swerve over to the left lane because of an illegally parked truck driven by ABC Company. Let’s say the jury finds Susie Smith 20% at fault for not stopping in time, but also finds both John Doe 40% liable for broken brake lights and ABC Company 40% liable for illegally parking. If the jury awards $100,000, both John Doe and ABC Company would be responsible for $40,000 each equaling $80,000.
Pre-2011 Joint and Several Liability
Under the old joint and several liability law in Pennsylvania before 2011, negligent parties were “jointly and severally liable.” Joint and several liability means the plaintiff can recover all the damages from any of the defendants regardless of the percentage of fault. In the above example, if John Doe has no money and cannot pay the judgment of $40,000, ABC Company would be liable for the full $80,000. It would be up to ABC Company to get reimbursed the $40,000 from John Doe, even though ABC Company was only 40% at fault or responsible for $40,000 of the damages. This made it much easier for plaintiffs to collect the entire judgment, even if some of the parties were not financially responsible to pay or had no insurance.
Joint and Several Liability under the 2011 Fair Share Act
How do you collect a judgement against multiple defendants if one defendant does not have insurance or is bankrupt?
Joint and several liability in Pennsylvania has now been amended by The Fair Share Act passed in 2011, which applies to all injuries happening as of June 28, 2011 or later. Under the new law, each defendant will only be responsible for paying a portion of the jury’s verdict or judgment that is equal to its percentage of negligent or liability found by the jury. So, in the example above, if both John Doe and ABC Company are found 40% negligent each, even if John Doe cannot pay the verdict because he had no automobile insurance, ABC Company will only be liable for its 40% of fault or $40,000 (not $80,000 or 80% of the verdict with ABC Company having to seek reimbursement). Thus, Susie Smith may never collect the full verdict of $80,000.
Injuries Caused By Negligence? Contact a Negligence Lawyer Near You
If you’ve been injured due to someone else’s negligence, don’t wait to take action and seek compensation. Contact The Pearce Law Firm today at (215) 557-8686 or email us to schedule a free consultation with a negligence lawyer from our team. Let us help you pursue justice and recover the compensation you deserve, while you focus on recovering and resuming your life.
Edith Pearce and her team of lawyers at The Pearce Law Firm have years of experience working for insurance companies before deciding to represent injured victims. They know the “ins and outs” of insurance policies and handling cases with multiple defendants. Hiring an expert negligence lawyer for personal injury cases when multiple defendants may be involved is even more important because of The Fair Share Act and its complexities. Let us figure out how you can collect all the damages you are entitled to when multiple defendants are at fault. Contact us today for a free no obligation consultation.
