Whether a motor vehicle collision happens on a busy highway, a quiet residential street, or in a shopping mall parking lot, it can disrupt every aspect of your life. If a car wreck results in serious injuries, understanding your legal rights is essential to recovering financial compensation and preserving your future quality of life.
Guidance and support from a seasoned personal injury attorney can make all the difference in how your case plays out. Once retained, our Johnstown car accident lawyers at Ostroff Injury Law will work tirelessly to maximize your financial recovery. Founding Partner Jon Ostroff and Managing Partner Rich Godshall have succeeded in thousands of auto accident claims and obtained hundreds of millions of dollars for injured clients.
For example, we obtained over $4 million for 4 clients injured in a bus crash that occurred near the Somerset exit of the PA turnpike. Jon obtained $10 million for a client that was severely injured in a southwest PA truck vs car crash; and we were able to obtain this settlement about a year after this crash. If you are seeking compensation for your car accident injuries, speak with an personal injury attorney from our firm right away.
Proving Fault for Auto Accident Injuries
The legal theory at the heart of all car accident claims is “negligence,” the premise that someone who causes harm to another person through a lack of reasonable care should bear liability for the consequences of their actions. To be considered “negligent,” a person must have owed you a duty to act reasonably, breached their duty through reckless or careless conduct and causing an accident resulting in your injury.
Negligence on the road usually takes the form of a traffic violation like running a red light, failing to yield to the right of way, not being able to stop before rear-ending another vehicle or driving while drunk. In some cases, negligent driving can simply be the result of not paying full attention to the road.
Partial Fault Laws
It is important to remember that you can be found partly to blame for your own injuries. Under these circumstances and pursuant to 42 Pennsylvania Consolidated Statutes §7102, juries are required to assign plaintiffs a percentage of total fault for their accident and reduce their compensation proportionately. You will be barred from recovery altogether if a jury finds that your fault exceeds 50%. After a car accident, you can benefit from working with a reputable attorney in Johnstown who can defend you against accusations of partial negligence.
Financial Recovery Through a Successful Claim in Johnstown
When seeking restitution for your damages after a car crash, you must first go through your auto insurer for some of your benefits. Your personal injury protection (PIP) coverage will apply to car repairs or replacement, medical bills up to policy limits, wage loss and other crash-related out of pocket expenses. Once your PIP coverage is exhausted, you can pursue additional coverage of these costs and other compensation through the at-fault party’s insurance company or by filing suit against them directly.
Full Tort and Limited Tort Insurance Can Affect Compensation
In Pennsylvania, you must choose between buying “full tort” or “limited tort” car insurance. If you have full tort insurance, you can seek compensation for economic and non-economic harm in a lawsuit. Non-economic damages include damages such as pain and suffering, loss of life’s pleasures and loss of consortium.
Under state law, there are certain restrictions on when limited tort drivers can recover non-economic damages. There are numerous exceptions to these restrictions. Our skilled vehicle collision lawyers have recovered non-economic damages for thousands of clients with limited tort insurance.
Consider Working with a Johnstown Car Accident Attorney
If you were recently in a wreck that left you with personal and financial losses, you may have several questions about how to obtain a financial recovery. The best course of action is consulting with a legal professional who knows how to handle cases like yours.
A knowledgeable Johnstown car accident lawyer can provide assistance throughout your legal case. Call Ostroff Injury Law today to schedule your free initial meeting.