We tend to see a lot of rear-end collision cases, and along with other types of cases like crossovers, and intersectional accidents. We represent people injured while in their cars, on bicycles, on buses, and hurt by tractor-trailers as well.
What Is Comparative Or Contributory Negligence?
In Pennsylvania, we have something called the Comparative Negligence Act. That means if you are involved in a car accident, and you claim that the other person was at fault, they may attempt to claim that you were also at fault for the accident. If they do so, then the question becomes who is at fault, and at what is the percentage of fault for each driver. The law in Pennsylvania says that if you are the plaintiff (the one who is injured and bringing the lawsuit or claim), and you go to trial, the jury decides who is at fault and assigns percentages of fault to all parties. If the plaintiff is found to be more than fifty percent at fault, then you lose. In other words, if you are fifty-one percent, or more, you lose the case.
However, if you are fifty percent, or less, you will win the case, but the amount of money you receive is reduced by whatever percentage is determined to be your fault. For example, if you have a $100,000 case, and you are found to be at twenty-percent at fault, you will receive $80,000, instead of $100,000.
Much of our work is designed to prove not only that the other person was at fault, but also to prove that our client was not at fault. This helps us maximize the amount of money we recover for our clients.
What Is The Statute Of Limitations For An Auto Accident Claim In Pennsylvania?
In most cases, it is a very strict rule in Pennsylvania–two-years from the date of the crash. That means if you are injured in an accident, you must bring a lawsuit, meaning you must file documents with the court and make an effort to serve the lawsuit within two years of the date of the accident. There is an exception for people who have elected the “limited tort” option on their car insurance–for them, the deadline is two years from the date they knew or should have known that they suffered a “serious injury”. In Uninsured Motorist (“UM”) cases and Underinsured Motorist (“UIM”) cases, there is a four year statute of limitations, because those cases are considered contract actions. When the four year limitations period begins can be complicated in UM and UIM cases.
Why Is It Important To Follow Doctor’s Orders In A Personal Injury Claim?
The most important thing is that you want to follow your doctor’s orders so you get better. Obviously, no one wants to be injured, and no one wants their injuries to affect them longer than necessary, so the number one goal is for you to get better. We represent many people who have life-altering injuries, but if you follow the doctor’s recommendations, and make all of your appointments, you are more likely to heal more fully and more quickly than you would if you miss those appointments. So, number one, you want to get as healthy as you can and recover as well as you can from your injuries.
The second issue is that if you miss appointments, and there are gaps in your treatments, the other side will use that against you in order to minimize the amount of damages you might receive in a settlement or verdict. Don’t give the insurance companies ammunition to use against you at trial.
For example, assume a person goes for medical treatment and receives physical therapy for three months, and at the end of three months the doctor recommends that you continue with more physical therapy. That person may decide, “I think I can do this therapy at home”. That is fine if the doctor agrees, but the problem is if we must have medical documentation from the doctors and therapists to prove and confirm that you are still injured. If you quit treating against your doctor’s advice, then the other side may try to attempt to show that you must have fully recovered. They will argue that you chose not to go for further treatment, because you fully recovered from your injuries even when that is not the case.
In automobile accident cases, who is at fault is often not the real battleground. If you are sitting at a red light and rear-ended, it should be obvious that this is the other person’s fault, and not yours. The defendants and insurance companies look for other ways to try to defend the case. One of the ways they seek out and attempt to use as a defense is to say that you must have recovered from your injuries, because you missed appointments. If you fail to follow what your doctor recommended, they will argue that you failed to mitigate your damages. Don’t give them the opportunity to use those tactics.
What Components Determine The Viability Of An Auto Accident Claim?
In a collision case, the first question obviously is who is at fault, and in some cases that is easy to determine; in some cases, it is not. If we can get the case early enough, we will go out immediately, take photographs, interview witnesses, confirm physical evidence we might be able to find at the scene and document that, and to make sure those things are preserved for future use. Therefore, who is at fault, and how the event occurred is the first question. Beyond that is the question of what nature and extent of your injuries and what a reasonable amount of money is to compensate you for the injuries that you sustained. That depends upon factors such as the type of injuries you suffered; how serious and painful are your injuries; whether your injuries are permanent or something from which you can fully recover; the duration of your treatment, and whether you will need future treatment; whether you missed time from and suffered lost wages; and a number of other factors.
Those things all factor into it, but in order to have a valid case that is worth pursuing, we need to have some indication that the accident was someone else’s fault, and that you have injuries that are substantial enough so that it makes sense to pursue the case.
With regard to settlement, the overwhelming majority of civil lawsuits settle out of court–far in excess of ninety percent. At the beginning, we do not know whether you are going to be in the majority of cases that settle out of court or the minority that will go to trial. So, we prepare from day one as if your case would go to trial. In order to do that, we want to make sure that we document all of the evidence, and obtain every bit of evidence there is to obtain–interview the witnesses, take photographs, and do the things that need to be done in order to make sure, if there is a trial, that we can pursue it successfully. We are trial lawyers and welcome the opportunity to present your case to a jury if necessary to obtain fair compensation.
For more information on Auto Accident Claims In Pennsylvania, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 1-844-334-6654 today.