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Personal Injury Law in Pennsylvania

The Cochran Firm: Personal Injury Law


No one should have to suffer because of someone else’s negligence. At The Cochran Firm in Philadelphia, we understand the physical, emotional, and financial toll that an injury can take on a person and their family. Medical bills and lost wages can add up quickly, putting a tremendous strain on your finances. Not to mention the pain and suffering you must endure every day, making it hard to cope with day-to-day life.

Obtaining compensation can help you cope with the financial pressures caused by your injuries and make it easier to return to your normal life. If you or someone you love has been injured due to the negligence of another person or company, we want to help you obtain the compensation you are entitled to receive. Contact us today for a free, no-obligation consultation to find out if we are the right personal injury law firm for you and to see how we can help.

You may be entitled to compensation if you have been injured due to carelessness. The Philadelphia personal injury lawyers at The Cochran Firm are dedicated to fighting for the rights of injury victims. Contact us today at 800-969-4400.
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Why Hire the Cochran Firm in Philadelphia for Your Personal Injury Case?

Maximum compensation rebuilds independence and freedom.

When you are injured due to the negligence of another person, corporation, or product, it is important to choose the right lawyer who can win your case. Most personal injury attorneys can sign you up as a client, manage your file, and attempt to negotiate a settlement when you have reached your maximum medical improvement. But not all personal injury attorneys have the experience, knowledge, and resources necessary to provide you with the best chance of winning your case or getting the maximum amount of financial compensation you are entitled to receive. Our Philadelphia personal injury lawyers at the Cochran Firm know how to build a strong case and win landmark cases, including a $227M settlement for a personal injury case – the largest in Pennsylvania state history. In fact, we take personal injury cases that other attorneys reject.

We believe that those responsible for your injuries should be held accountable, because monetary compensation is the only way you can get back your dignity. A fair and full settlement provides a sense of security for you and your family by knowing that your past, present, and future medical treatments will be covered and your expenses will be reimbursed.

Compassion is part of being your counselor, your advocate, and your attorney.

When you’re suffering from a personal injury, you’re not just looking for a lawyer to take on your case and fight for you, you also need an attorney who will be there for you every step of the way. Our award-winning personal injury Super Lawyers® in The Cochran Firm are passionate about you, your case, and your outcome.

We promise the Pennsylvania personal injury lawyers at our firm will provide you with outstanding service and a human connection that injured victims need during such a difficult time. We also promise to communicate regularly with you and be available to talk about your case.

The number one complaint lawyers get is failure to communicate. We know that our clients need regular updates on their cases, so we make sure to provide our clients with consistent case updates. We also return phone calls and emails within one business day, so you can always get the clear answers you need in a timely manner. We also maintain confidentiality and loyalty to our clients while maintaining honest and transparent communication.

We prepare each case as if it were going to trial.

In almost every personal injury case there is an insurance company involved. And while you might think that these companies are looking out for your best interests, the truth is that they’re only interested in protecting their own bottom line. Insurance companies will often want to quickly settle your case by hoping you’ll take an undervalued settlement amount and get the case off their books, but we know their game plan, their tricks, and their tactics.

The seasoned personal injury trial attorneys at The Cochran Firm in Philadelphia are not afraid to file a lawsuit and present your case before a judge or jury. We prepare every case this way in the event that the settlement offer is significantly less than what we believe you deserve. We will have kept a well-organized file that can proceed to trial if necessary.

There are, however, many things to consider before deciding to advance with litigation in a personal injury lawsuit. We have been practicing law long enough to know that we must be prepared to go to trial to protect your rights, especially when you deserve a positive outcome and favorable result.

The best attorneys should be affordable.

Some people may be hesitant to hire an attorney because of the cost. Apart from the free initial consultation we offer, we also work on a contingency fee basis, meaning we do not charge an hourly rate or a flat rate. Instead, we charge a percentage of the amount recovered for the client if the case is successful. For example, if we obtain a $100,000 settlement, we may take $33,333 as a contingency fee (33%). If the case is not successful and no money is recovered, then we do not get paid. There is no risk or obligation, and you will not have any out-of-pocket costs.

Hiring us on a contingency fee basis allows clients to hire us even if they do not have any money upfront to pay for legal fees. Second, it provides an incentive for us to maximize the recovery for you because our lawyers only get paid if there is a successful outcome. Third, it allows people of all income levels to have access to justice because they can afford to hire a lawyer and get access to justice.

Healing and peace of mind should go hand in hand. We work on getting your compensation through justice while you recover from your injury. Contact the Cochran Firm in Philadelphia today to schedule a free consultation. Call 800-969-0400 to get started on the road to recovery.

4 Ways The Cochran Firm Can Help You Right Now

  • Free Legal Advice and Help. Contact our office to schedule a 100-percent-free, no-obligation consultation. If you are unable to come to our office, we can come to you at your home, in the hospital, or have a consultation done remotely. We will patiently answer all of your legal questions, explain your legal rights, and clarify the personal injury process. We want to hear in your words how the accident happened, learn how this injury has affected your life, and understand the pain you’ve had to endure. If the personal injury resulted in the wrongful death of a loved one, we will compassionately guide you through the process of recovering additional compensation.
  • Access to Medical Treatment. Seeking medical treatment is a priority. If you’ve been diagnosed with a personal injury or require additional medical treatment, we work with a network of doctors and medical specialists who can wait to get paid until your case has ended if necessary. We like to regularly attend medical appointments with our clients, and we maintain contact with your medical providers to make sure you are receiving the best medical treatment and care possible. Having access to quality medical care provides reassurance to injured victims who feel like their life has been put on pause because of a personal injury.
  • We’ll Take Care of the Paperwork. As a victim of someone else’s negligence, the last thing you want to worry about is all the paperwork raining down on you. Insurance forms, letters from your employer, medical bills, and reports – not to mention the phone calls that don’t seem to stop. You’re worried about going back to work, taking care of young children, and paying bills – and the daily pain and suffering may be affecting your mental health.

We will handle everything, including talking to your employer about medical leave, paid time off (PTO), or anything else you may need. We will make sure that anyone trying to talk to you about your injuries communicates through us so you don’t say something that may hurt your case. We will also file any necessary court documents and paperwork to protect your case. Just tell people, “Talk to my attorney at The Cochran Firm,” and we’ll handle the rest.

  • Start an Investigation. Many personal injury cases are time sensitive and require gathering evidence that supports your claim before the evidence is destroyed or altered. Depending on who or what caused your injury, we request copies of all surveillance videos, photos, chemical reports, OSHA investigations, and interview witnesses. Any police reports, incident reports, or other documents also become part of the investigation.

We will work tirelessly to get you the compensation you need and deserve so that you can move forward with your life financially. Contact us today for a free consultation by calling 800-969-4400.

What Are Some Examples of Personal Injury?

There are many types of personal injuries, but no matter the cause, injured people usually find themselves struggling to cope with the financial pressures of having a reduced income or unemployment while recovering from an accident. Returning to a normal standard of living takes time, and it’s natural to have questions about the unknown consequences and future health concerns from a debilitating injury or exposure to a hazardous substance.  

The following are some examples of personal injuries that can leave victims with lifelong physical and mental health complications:


What Types of Compensation are Available for Personal Injuries in Pennsylvania?

One of the reasons you hire an attorney to help with your personal injury case is to alleviate some of the stress, especially when that attorney is doing their best to protect you and your family against any future difficulties caused by the injury. We understand that a maximum compensation allows people to feel that they can move forward with their lives.

Past and Future Medical Expenses

Under Pennsylvania law, an injured person (the plaintiff) is entitled to recover past and future medical expenses that are reasonably and necessarily incurred. A court will typically require evidence for the basis of assessing damages, but the precise dollar amount of damages incurred is not required.

On the other hand, in order to receive compensation for future medical expenses, an expert must provide the following evidence:

  • That future medical expenses will be incurred; and
  • The amount the future medical expenses will cost according to a reasonable estimate.

Once evidence of future medical expenses is presented by the plaintiff, the defendant can provide evidence to the contrary in an effort to show that the injured plaintiff would not be entitled to receive future medical costs or that they should receive a reduced amount.

Medical Monitoring  

When personal injury victims have been harmed by exposure to a hazardous substance, future medical monitoring may be required for testing the onset of possible latent diseases. For example, Paul lives near a chemical plant that emits a dangerous substance that is known to cause a specific type of cancer. Tests show that the amount of the chemical in the air near Paul’s house significantly exceeds the allowable limit set by the Environmental Protection Agency (EPA), and, as a consequence, Paul is exposed to the dangerous chemical and sues the chemical plant to pay for the medical monitoring of cancer.

In order to prevail in a medical monitoring lawsuit for a future disease, a plaintiff must show through expert testimony the following:

  • The substance in question has been proven to be hazardous;
  • The plaintiff was exposed to a greater than normal level of the substance;
  • The exposure was caused by the defendant’s negligence;
  • As a proximate result of the exposure, the plaintiff has a significantly increased risk of contracting a serious latent disease;
  • The plaintiff suffered a harmful effect as a result of the exposure;
  • A monitoring procedure exists that can make the early detection of the disease possible;
  • The prescribed monitoring system is different from what is normally recommended in the absence of the exposure; and
  • The prescribed monitoring system is reasonably necessary according to contemporary scientific principles.

Special Damages

Special damages are economic damages that reimburse the victim for quantifiable financial losses and out-of-pocket expenses associated with the injury, such as:

  • Ambulance or medevac costs
  • Doctor bills
  • Hospital bills
  • Plastic surgery or reconstructive procedures
  • Lost wages
  • Neurologist bills
  • Medications and prescriptions
  • Psychiatrist or psychologist bills
  • Orthopedic surgeon bills
  • Physical therapy
  • Costs of transportation to medical visits
  • Chiropractor bills
  • Loss of future income
  • Acupuncture bills.

General Damages

General damages are non-economic, non-tangible consequences of a personal injury such as:

  • Pain and suffering
  • Inconvenience
  • Mental anguish
  • Physical impairment
  • Scars
  • Disfigurement
  • PTSD
  • Intentional infliction of emotional distress
  • Negligent infliction of emotional distress
  • Loss of consortium.

Pain and suffering include both physical and emotional injuries. Mental anguish refers to the emotional distress that is caused by the injury. If the personal injury resulted in the wrongful death of a loved one, consulting with a wrongful death attorney is crucial. Physical impairment means a decrease in the injured person’s ability to function normally. Disfigurement means a change in the injured person’s appearance that is not normal. Loss of consortium means the loss of benefits that a spouse would have received if not for the injury.

Punitive Damages

Punitive damages in Pennsylvania may be awarded in a personal injury lawsuit once compensatory damages have been established. The defendant needs to have exhibited some sort of outrageous conduct, such as an evil motive or a reckless indifference to the rights or the safety of others.

In assessing punitive damages, a judge or jury will consider the circumstances surrounding the defendant’s act and the nature and extent of the injury to the plaintiff that the defendant caused or intended to cause. In Pennsylvania, the wealth of the defendant is considered when assessing an appropriate punitive damages award. With a court order, a defendant’s financial information is given to the jury to weigh the conduct against the amount of damages that would deter such future conduct. In other words, the jury is tasked to come up with a monetary amount to not only punish the defendant but to make the punitive damages award high enough that the defendant would not consider repeating their outrageous act.

Having decades of experience and a history of past successes of recovering millions of dollars in verdicts and awards enables The Cochran Firm in Philadelphia to negotiate from a position of strength to maximize your recovery. Call us today at 800-969-0400 to talk to one of our personal injury attorneys.

Answers to Frequently Asked Personal Injury Questions

Our Top Pennsylvania Personal Injury Lawyers Give Brief Answers to Common Questions About Claims

Every attorney at The Cochran Firm in Philadelphia loves to help people in need of justice. If you don’t find an answer to your personal injury question below, feel free to contact us to discuss your case and any concerns you have. Every case is unique, and we always welcome injured victims to come into our office and consult with us in person.

Pennsylvania law defines personal injury as an injury resulting in death, serious impairment of a body function, permanent serious disfigurement, physical damages, mental damages, or an aggravation of existing injuries. See 18 Pa. Stat. § 11.103, 75 Pa. C.S. § 1702. Pregnancy can also be a personal injury when it is the result of a crime. 18 Pa.C.S.A. § 1106(h)

When someone submits or files a claim for personal injuries, they are seeking money for an injury or harm caused by another person, product, animal, or entity. Typically, personal injury claims are based on negligence, intentional torts, strict liability, criminal acts, or defamation.

Many factors determine the worth and value of a personal injury claim, and every case is different. A judge, jury, or insurance company may all evaluate a claim differently, but they will usually base their decision on the following details:

  • The liability and fault of those involved
  • The severity of your injuries
  • The amount of your damages
  • Interpretations of the law and jury instructions
  • The conduct of the defendant
  • The quality of expert testimony and evidence
  • Your likeability and credibility to the jury
  • Past verdicts and awards of similar cases.

According to the statute of limitations in Pennsylvania, you generally need to file your personal injury case within two years of the date of the injury or the date when the injury becomes known; however, there are some distinctions to this rule if the victim is a minor or the victim dies and the family wishes to file a wrongful death or survivorship claim.

If a defendant asserts that you are partially at fault for your injuries, the defendant must show that you failed to use proper care for your own safety. If a jury assigns a percentage of fault to your personal injury claim, your recovery will be reduced in proportion to the amount of negligence attributed to you. For example, a person is struck by a car while jaywalking. The defendant alleges the jaywalker’s negligence is to blame for some of their injuries. A jury finds the jaywalker is 40 percent at fault. The judge then reduces the jaywalker’s compensation by 40 percent of the total award amount. See 42 Pa. C.S. § 7102.

According to Pennsylvania Code 31 Pa. Code § 146.9, if an insurance company wishes to reduce or deny a personal injury claim based on comparative negligence, then the insurance company must fully disclose to the claimant the reason for the reduced offer or denial based on facts or the law. Moreover, insurance companies may not use comparative negligence unfairly or use comparative negligence to force claimants to file a lawsuit in order to get the compensation they were already entitled to receive. This type of insurance company bullying or manipulation will often result in attorneys filing bad faith claims against insurance companies.

Do I Need a Personal Injury Lawyer in Philadelphia?

The Cochran Firm Has Over 50 Years of Providing Justice Through Compensation™

We know that there are many personal injury attorneys in Pennsylvania to choose from. We invite you to consider choosing our personal injury attorneys and see why The Cochran Firm in Philadelphia has a long-standing reputation for attracting some of Pennsylvania’s top attorneys. Being the best also means being an empathetic advocate with a love for representing and serving our injured clients.

With every client, we strive to get the best possible outcome so they can start again from neutral ground, as opposed to fighting just to survive. No matter how many questions you ask, or how many concerns you need to resolve, there is no obligation to hire us. We want to make sure that we are a good fit not just for your personal injury case, but for you, your family, and your future.

Contact us by calling 800-969-0400 or by using our online form. It would be our honor to represent you and handle your case. We invite you to be part of the legacy that started over 50 years ago and will continue well into the future.