It can happen without any warning: a driver in another lane merges without checking their mirrors, a car speeds through a red light, or someone behind you simply fails to pay attention and runs into you at a stop sign. Whatever the specific cause of an auto accident, the consequences are often financially draining and physically debilitating—not to mention frustrating, if someone else was entirely to blame for the incident.
Determining whether you have the right to file a lawsuit after a car accident can be difficult, which is why having help from a Kutztown car accident lawyer is crucial in any situation. An experienced personal injury attorney can help you understand and enforce your rights, whether that involves negotiations with insurance providers, a lawsuit in civil court, or both.
Founding Partner Jon Ostroff has spent over 30 years standing up for those injured in car crashes. Along with Managing Partner Rich Godshall, he has recovered millions of dollars for his clients. In a previous case, Jon won $2.8 million for a woman and child injured in a snowy crash on a PA highway. He also recovered $1.95 million for an individual who suffered a serious shoulder injury near the Northeast extension in Lehigh Valley. Do not hesitate to speak with our legal team at Ostroff Injury Law about your rights to compensation after a severe accident.
When Is Civil Litigation Possible After a Car Crash?
Pennsylvania adheres to what is known as a “no-fault” car insurance system, which means that regardless of fault for an accident, you must first seek payment of medical bills from your own auto insurance company.
If the economic damages you sustained in a car accident exceed policy limits under your insurance policy, then you can recover the excess medical bills from the at fault party. If you still require more compensation to address your losses, you may be able to file a lawsuit against the negligent driver.
However, your right to pursue both economic and non-economic damages depends on whether you have “full tort” car insurance coverage or “limited tort” coverage. There are certain restrictions on filing for non-economic damages when you carry limited tort insurance. A car accident attorney in Kutztown can answer any questions you have about these laws during a free, confidential consultation.
Additional Laws for Car Wreck Claims
Even if you have grounds to pursue a lawsuit against the negligent person, you may be found partially at fault for your own injuries. Under 42 PA Con. Stat. §7102, a jury can reduce your final damages award based on your percentage of fault. You will be prohibited from recovering anything if you are more at fault than all defendants combined.
It is also worth noting that 42 PA Con. Stat. §5524 sets the filing period for personal injury claims at two years from the date the plaintiff sustained the injury. This leaves little time to build a comprehensive claim. Understanding and overcoming these procedural hurdles in your auto accident case can be much easier with assistance from a skilled lawyer.
Learn More by Talking to a Kutztown Car Accident Attorney
The days and weeks following a traumatic motor vehicle crash are almost always chaotic for everyone involved, especially people who suffered serious injuries. Getting through this period with your financial security and future prospects intact is no small feat. It can be much harder to accomplish if you try to enforce your right to financial recovery without help from seasoned legal counsel.
By retaining a Kutztown car accident lawyer, you put yourself in the best position possible to maximize your chances of obtaining fair compensation. Call Ostroff Injury Law today for a free consultation.