In the event of a minor accident, Pennsylvania law uses a "no-fault" system. This means that, regardless of who is at fault, individuals involved in minor accidents must seek compensation from their own insurance companies for medical expenses and certain other economic losses, up to the limits of their personal injury protection (PIP) coverage.

However, the no-fault system doesn’t apply to severe accidents. Therefore, if you are involved in a severe truck accident, you can bypass the no-fault system and file a lawsuit against the party at fault, which is typically the truck driver/the trucking company.

Truck accidents can have catastrophic effects on those involved. Because truck accidents frequently result in severe injuries, victims must contend with high medical expenses, lost wages, and permanent disabilities. In the aftermath of the accident, you should prioritize receiving treatment that will aid in your recovery and get you back on your feet. However, determining how you will be compensated for your medical expenses, lost wages, and other damages can be stressful. The insurance company may offer you a settlement if you've been injured in a vehicle accident, but how do you know if it's fair? Consulting with a PA personal injury attorney is very important if you have been involved in a truck accident.

I Received an Offer From the Insurance Company After my Truck Accident. Do I accept the Offer?

In the weeks or months following a truck accident, the insurance company may attempt to contact you and apply pressure so that you will accept a settlement offer. Do not accept an offer without first consulting a lawyer. Once a settlement is reached, it is impossible to seek further compensation for medical treatment or other losses. If you are unclear about the severity of your injuries and the anticipated prognosis, you may be left with unexpected medical expenses. By convincing you to settle quickly, insurance companies will attempt to profit from your fear and anxiety.

How Do I Know if I Have Reached Maximum Medical Improvement?

In Pennsylvania, fair settlements for truck accidents include the total cost of your medical expenses, including those incurred immediately after the accident and ongoing treatment. If your medical treatment will extend into the distant future, or if you have permanent injuries that will require ongoing treatment, you may include a demand for compensation for these future medical expenses in your claim. Medical expenses include:

• Hospital bills
• Doctors and specialists bills
• Rehabilitation and therapy
• Medical devices
• Medication(s)

You must have reached maximum medical improvement (MMI) before you can calculate the total amount of your losses and resolve a claim. Maximum medical improvement (MMI) is the point at which you have entirely recovered from your injuries, or, in the case of a severe injury, the point at which further medical treatment is unlikely to improve your condition. This does not imply that you may not require ongoing medical care to manage the limitations resulting from your injury or additional services to achieve the highest possible quality of life. 

In addition to lost wages, compensation may also include future lost wages. The greater the amount of medical expenses and other damages you are seeking, the more complex the negotiation will be, and the greater the need for a Pennsylvania truck accident attorney who can represent your best interests. If you pursue a high-value claim with the assistance of an attorney, most insurance adjusters will take you seriously, making it less difficult to obtain fair compensation. 

What is a Fair Settlement for Pain and Suffering in a PA Truck Accident?

A fair settlement for a truck accident frequently includes compensation for intangible losses, such as pain and suffering or mental anguish. Due to the fact that each case and settlement is unique, insurance companies consider the severity and permanence of your bodily injuries. The more severe and long-lasting your injury, the more pain and suffering you will endure, and the more compensation you deserve for your injuries.

In accordance with Section 223.3 of the Pennsylvania Code 231, these damages may include:

• Emotional trauma, such as depression, anxiety, stress, grief and mental anguish
• Physical pain and suffering
• Disability
• Embarrassment and humiliation
• Discomfort and distress
• Disfigurement and scarring

When these damages are included in a claim for personal injury and supported by evidence, juries are expected to award them "fairly and adequately." The jury has been instructed to examine the following factors when determining the plaintiff's just compensation:

• The severity of the injuries
• The nature of the injuries sustained
• The type of medical treatment received
• The severity of permanent injury, including scarring and disfigurement
• The length of recovery time
• The possible long-term effects of the injuries
• The extent of accessible insurance coverage
• The type of case involved
• The age of the individual
• The impact of your physical injuries on your well-being
• The emotional trauma suffered including stress, anguish, grief, pain, and anxiety
• The impact of your injuries on your daily life, including the activities you cannot perform

Do I Need a Lawyer to Receive a Fair Settlement After a Truck Accident in Pennsylvania?

Hiring an experienced truck accident attorney in Pennsylvania can have a significant impact on the outcome of your case. Why take the chance of being compensated unfairly if you have no recourse?

If you were injured in a truck accident and believe the driver should be held liable for his or her reckless or otherwise negligent actions, please contact our Pennsylvania truck accident attorneys at Brandon J. Broderick, Attorney at Law, as soon as possible. We can review your case and collect evidence in order to fight for your rights and seek maximum monetary compensation on your behalf. We have extensive knowledge and experience in this area of law, and we know what factors must be considered and what types of evidence must be presented in order to obtain the justice and compensation you deserve.

When you retain Brandon J. Broderick as your truck accident attorney, you pay nothing upfront. We only collect payment for our services if we win your case. If we lose, you do not pay. Contact us now for a free consultation. With our track record of success and dedication to client care, we can help you recover from your setback.