In this article, you will learn…
- The statute of limitations to file a personal injury claim after an accident in Pennsylvania.
- What happens if you are partially at fault for the injuries caused by an accident.
- The overall process of filing a car accident personal injury claim in Pennsylvania.
How Long Do I Have To File My Car Accident Personal Injury Claim In Pennsylvania?
In Pennsylvania, the statute of limitations to file a claim is two years from the date of the accident. However, we recommend that you file a claim as soon as possible.
Can I Still File A Personal Injury Claim If I Was Partially At Fault For My Car Accident?
Yes, you can still file a personal injury claim for your injuries even if you were partially at fault for your car accident. In Pennsylvania, there’s a comparative negligence statute. This means that if you are less than 50% at fault for the accident, you may still recover damages. Your damages will be reduced by your percentage of fault.
However, if it is determined that you’re more than 50% at fault, you cannot recover damages. In order to determine the percentage of fault that will be assigned to you, you would need to file a lawsuit.
Do I Have Any Chance Of Financial Recovery With My Personal Injury Claim In Pennsylvania If The Other Driver Was Uninsured?
Financial recovery from injuries sustained by a driver who was uninsured or underinsured (meaning the at-fault driver does not have enough insurance coverage) is determined by the type of coverage that you have for your own vehicle. Each person in Pennsylvania is offered the opportunity to buy underinsured and uninsured insurance.
You would need to buy uninsurance or underinsured coverage as part of your automobile insurance package. An attorney can determine the maximum amount of coverage available to you in the event you are hit by an uninsured or underinsured driver.
You can also reject that coverage in Pennsylvania, but it is not advisable to do so. If you have underinsured or uninsured motorist coverage and someone hits you who is uninsured or has minimal coverage, you can make a claim against your own policy to recover damages for your injuries.
What Is My Personal Injury Claim Worth In Pennsylvania?
There is no specific dollar amount that you can recover from your personal injury claim. The amount of recovery is determined by a few different factors, such as:
- The significance of your injuries
- The degree of your fault, if any
- Other facts of the accident
If your injuries are severe and permanent as opposed to mild and short-term, your claim is going to be worth more. If you are determined to be at fault, even a small percentage, that percentage will be deducted from your recovery.
There are also other facts about each accident that will go into an equation. This will be used to evaluate your case and come up with a value of what your case is worth.
What Is The Process For Personal Injury Recovery?
There are a few steps to the process of personal injury recovery. These include:
- Consult with an attorney
- Have your attorney act to preserve evidence
- Review the facts associated with your accident
- Determine the cause and extent of your injuries
- Determine liability in the accident
- Decide if you are moving forward with your claim based on your attorney’s evaluation
- Issue a demand letter to the other party’s insurance carrier
- And more…
Once the demand letter is issued, your attorney will attempt to work out a settlement with the insurance company. If a settlement cannot be agreed upon, a lawsuit would then be filed.
Can I Afford A Lawyer For My Personal Injury Case?
Our firm works on a contingency fee basis, which means that you do not have to pay us anything unless you recover. We then take a percentage of what is recovered, plus any costs associated with what we have advanced on your behalf to bring the case to a conclusion. There is no upfront cost to the client, and our attorneys will seek to maximize your recovery.
When Should I Contact A Personal Injury Attorney For My Current Case?
You should reach out to a personal injury attorney as soon as possible following your accident. We want to, in a sense, protect your claim. We protect your claim by…
- Identifying all parties that might be reaching out to you
- Notifying insurance companies or other entities who might want to interview you for a recorded statement
- Speaking to these entities on your behalf so as to protect your interest
- And more…
It’s important to protect our clients from making any statements that could negatively impact the outcome of their claim. The sooner a client reaches out to us, the sooner we can mitigate that risk and ensure you are going to be protected and receive the maximum claim.
For more information on Filing A Car Accident Personal Injury Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (717) 832-9824 today.