Car accident litigation in Pennsylvania is more complicated than auto wreck claims pursued in other states. The specific injuries you sustained and even the type of car insurance you purchased could have a significant impact on whether you have the standing to recover for the full value of your losses.
If you want to maximize your compensation, you should seek help from a respected Lehigh Valley, Easton car accident lawyer from Ostroff Godshall Injury and Accident Lawyers. You need a seasoned personal injury attorney like Jon Ostroff, who knows how these cases work and will fight for your right to compensation.
Our winning lawyers have helped thousands of clients injured in auto accidents. In one case, we obtained $1.95 million for a client that sustained a serious shoulder injury in a Lehigh Valley Crash near the Northeast extension. We recovered $5 million for the estate of a woman who died after being ejected from a vehicle in a PA highway crash. Get in touch with us to learn more about your legal options and the potential compensation available in your claim.
Proving Liability for Car Accident Injuries
Not every type of recovery following a car crash requires you to prove someone else is specifically at fault for your injuries. Under Pennsylvania’s “no-fault” car insurance system, your personal injury protection insurance (a/k/a “PIP”) should cover all medical bills, vehicle repair expenses and certain other out-of-pocket financial costs up to policy limits. It doesn’t matter who was at fault for the accident in question, your PIP will cover many of these expenses.
However, pursuing recovery beyond the PIP policy limits or for non-economic damages like pain and suffering requires you to meet your burder of proving that another party’s negligence caused your injuries. In the context of car accident litigation, “negligence” is an act that breaches the duty of care all drivers owe to each other.
This breach may take the form of a traffic violation, distracted driving, or simply a loss of concentration and failing to keep a vehicle under adequate control. Whatever specific type of negligence led to your car accident, an attorney in Easton can provide crucial help proving liability.
Overcoming Common Legal Obstacles to Recovery
Through a successful personal injury claim, you can obtain restitution for every form of harm the defendant’s negligence caused you. This includes objective economic damages like medical expenses and lost work income and subjective non-economic damages like physical pain and suffering, loss of consortium, and loss of life’s pleasures. However, there are certain things that could impact your ability to recover full compensation.
Partial Fault
The other party in your case may argue that you are primarily responsible for the accident. 42 Pennsylvania Consolidated Statutes §7102 prohibits plaintiffs from recovering compensation when they are more to blame for their injuries than the defendant(s). If you bear less than 50% of the fault, the court overseeing your case has the authority to reduce your final damages award by that same percentage.
Deadline for Filing a Claim
It is also worth noting that 42 PA Con. Stat. §5524 gives most personal injury victims only two years after sustaining an injury to file a lawsuit. An experienced car wreck lawyer can explain these rules in more detail to protect your right to file a claim.
Speak with an Easton Car Accident Attorney Today
If you suffered an injury in a severe traffic accident, you likely have a mountain of questions about your legal options and rights to financial recovery. Given that every accident is unique, it is critical to speak with a legal professional about your case. Contact an Easton car accident lawyer from Ostroff Godshall Injury and Accident Lawyers today to schedule your free initial consultation.
