Most personal injury claims are based on the law of negligence. In basic terms, negligence refers to the failure of a party to act with reasonable care which causes foreseeable injury toward another individual to whom a duty of care is owed. If a driver commits a traffic violation or otherwise drives unsafely, for example, these types of practices typically would constitute negligent conduct.

In some cases, the standard of care imposed might be higher than the typical “ordinary care” standard imposed in a Philadelphia car accident case or a slip and fall case. A common carrier like a train, bus or other form of mass transit that transports members of the public for a fixed fee generally owes a higher duty of care. Medical professionals also are held to a higher standard of care based on medical providers with comparable training and experience. The key is that Paul M Mahoney specializes in cases involving slip and fall cases, and can identify the applicable standard of care and gather the evidence needed to persuasively establish that a breach of the standard of care caused your injuries.

Reckless conduct generally amounts to a more extreme form of negligent conduct that evidences a conscious disregard for the safety of others. A drunk driver who operates a motor vehicle with a high blood alcohol level would typically be considered reckless. When parties exhibit reckless conduct, the jury might award punitive damages designed to punish and discourage such conduct.

When a party commits a physical assault, battery, rape, sexual assault or other form of intentional conduct that causes injury, this type of case is referred to as an intentional tort. These cases will often merit punitive damages. Sometimes these cases will also involve negligence by a business owner who fails to implement adequate security measures to protect victims from violent criminal acts.

There are certain cases where an injury victim does not have to specifically prove any of the forms of misconduct indicated above. When a defective product causes injury to a consumer, for example, any party involved in the production or distribution chain for the product can be liable without the injury victim being required to prove the specific substandard conduct that caused the defect. Similarly, when a person violates a public safety law like a leash law or a traffic safety law, such as the requirement to stop at a red light, this might constitute “negligence per se.” While negligence can be established by such a violation, this does not relieve the injury victim of the obligation to demonstrate that the violation caused the victim’s injuries.

When you fall on a wet floor in a grocery store or you are struck in a crosswalk while walking across the street, you can suffer a wide range of injuries, including permanently debilitating injuries. When you suffer a catastrophic personal injury like a traumatic brain injury or spinal cord injury, the medical and supportive care costs can easily amount to hundreds of thousands or even a million dollars over an injury victim’s lifetime. Mr. Mahoney draws on his proven success handling catastrophic construction injury cases in Philly with accident law and his established network of experts to obtain the fullest compensation for his clients.

While the specific damages available in a personal injury lawsuit will depend on the precise facts and circumstances, some types of damages we might pursue include: