Auto accidents are the most common personal injury cases in Pennsylvania. Car crash claims are also some of the most complex legal claims. If you suffered severe injuries due to the acts of a reckless or careless driver, you should consult one of our Hershey car accident lawyers.
In the past 30 years, Ostroff Injury Law has won thousands of vehicle collision cases. In one past case, Founding Partner Jon Ostroff and his team recovered over $4 million in settlements on behalf of four passengers injured in a Dauphin County highway crash near Hershey. Our dedicated personal injury attorneys will protect your legal rights and fight for your best interests. Reach out to our team to learn how we can help you obtain the compensation you are due.
When Can You File a Lawsuit After a Car Wreck?
Pennsylvania uses a “no-fault” approach to car insurance and auto accident cases. Under state law, every driver must purchase personal injury protection (PIP) insurance, which covers certain accident-related expenses like medical bills and car repair costs, no matter who is to blame for the incident. You must exhaust your PIP benefit, such as medical expenses, before you can obtain recovery of additional medical expenses from the at-fault party.
“Limited Tort” and “Full Tort” Insurance
In addition to PIP insurance, you must choose to purchase “limited tort” or “full tort” coverage. If you have limited tort insurance, you generally cannot pursue a lawsuit against the at-fault driver unless you suffered a “serious injury.” A serious injury is one that will result in permanent disfigurement or disability.
Conversely, if you have “full tort” insurance, there are no restrictions on your right to file a lawsuit after a car accident. However, you are still required to seek compensation for certain economic losses through your PIP coverage first.
Whether you have limited or full tort insurance, our Hershey accident attorneys can help you obtain restitution for all the damages you suffered, including pain and suffering, loss of life’s pleasures, lost wages, and lost business opportunities.
Additional Laws Governing Vehicle Collision Cases in Hershey
There are legal statutes you must keep in mind with pursuing your auto accident claim. For example, under 42 Pennsylvania Consolidated Statutes §7102, you cannot recover compensation from another party if you are primarily to blame for the accident. If you are less than 50% responsible, the court can reduce your damages award by your assigned percentage of negligence.
Additionally, you have just two years from the date of your accident to file your lawsuit. Consequently, it is crucial to speak with an auto wreck lawyer immediately to preserve your right to recover compensation.
Talk to a Hershey Car Accident Attorney About Your Legal Options
Obtaining fair compensation after an auto collision can be challenging. If you want to significantly improve your chances of obtaining fair compensation, you should hire seasoned legal counsel. Contact Ostroff Injury Law if you or a loved one were injured in a crash. Our Hershey car accident lawyers are here to support you throughout your legal case.