Thousands of auto collisions occur in Pennsylvania every year, and many of those accidents could have been avoided entirely if the at-fault party would have acted reasonably. If you were injured in a car crash caused by another party, you can seek financial recovery for your losses. However, the unique state laws governing auto accidents can make it difficult to recover full compensation.
The experienced personal injury attorneys at our firm have won thousands of car accident cases on behalf of injured drivers. For example, Managing Partner Rich Godshall and the Ostroff Godshall Injury and Accident Lawyers litigation team recovered over $6 million in total settlements, in a case involving a small group of people who were injured in a severe crash on a rural highway in the Bloomsburg vicinity.
Whatever circumstances led to your collision, guidance from a Bloomsburg car accident lawyer could be essential to your chances of securing compensation. Whether you are pursuing an insurance claim or wish to file a lawsuit against the at-fault party, Ostroff Godshall Injury and Accident Lawyers can help.
When Is Litigation Necessary After a Car Crash in Bloomsburg?
Typically, when someone breaches a duty of reasonable care owed to you and directly causes you harm, you can pursue a lawsuit against the negligent person responsible for your injuries and recover compensation for the full value of your losses. However, if your injury stems from a car accident, a different set of rules applies to your recovery efforts.
After a car accident, the personal injury protection clause (referred to as “PIP”) in your car insurance policy will cover medical expenses up to the amount of your benefit limit, car repair or replacement costs, rental car fees, and other out-of-pocket financial losses stemming from the accident. If you have a “limited tort” insurance policy, you may not be able to file a lawsuit against the negligent driver for additional non-economic losses, including pain and suffering damages. However, there are some exceptions to this rule, such as when accident-related injuries are deemed to be “serious.”.
On the other hand, if you have “full tort” insurance, you can pursue all economic and non-economic damages against the party that caused your wreck. 75 Pennsylvania Consolidated Statutes §1705 provides more details about how this unique insurance system works. No matter what type of insurance policy you have, our auto accident attorneys in Bloomsburg will fight for your right to financial recovery.
Recoverable Damages Through Civil Litigation
If you are pursuing a lawsuit against an at-fault party, you can seek restitution for your economic and non-economic losses. Potentially recoverable damages may include:
- Pain and suffering
- Past and future medical expenses
- Lost wages and lost business opportunities
- Property damage
- Emotional and psychological trauma
- Loss of life’s pleasures
- Loss of consortium
- Cost of assistive medical equipment
It is crucial to note that 42 PA Con. Stat. §7102 requires a jury hearing a personal injury cases to reduce the value of an injured party’s damages award by the percentage of any fault the injured party may have had for a crash. This statute also forbids any plaintiff who bears more fault than all defendants combined from recovering any money at all. A skilled lawyer can help you prove that at-fault parties are primarily responsible for your car crash.
Talk to a Bloomsburg Car Accident Attorney About Your Recovery Options
Depending on your unique situation, you may have multiple options for pursuing financial recovery after a car wreck. No matter what rules apply to your claim, having help from knowledgeable legal counsel can be important to protecting your rights and interests throughout every stage of your case.
A qualified Bloomsburg car accident lawyer can be a crucial ally in your fight for fair compensation. Call Ostroff Godshall Injury and Accident Lawyers today to schedule a free consultation and learn more.