A vehicle collision can be a terrifying event. In addition to your injuries, you likely have numerous questions, such as who will pay your medical bills and how you will be compensated for your losses. There may be frustration and rage regarding the situation and those at fault. Many victims wonder how much one can sue for in the event of an auto accident.
Pennsylvania has "choice" no-fault automobile insurance. Therefore, if you purchase an auto insurance policy with no-fault coverage, you must typically file a claim under your own personal injury protection coverage to receive compensation for medical expenses and other financial losses, regardless of who caused the accident. Before you can file a third-party insurance claim against the at-fault driver or file a lawsuit against them outside of the no-fault system, state law requires that your injuries are “serious” and meet certain criteria.
Pennsylvania's no-fault insurance laws frequently cause confusion. After a car accident in Pennsylvania, you should discuss your claim filing options and the types of compensation you may receive based on the severity of your injuries and your current car insurance coverage with an experienced PA car accident attorney.
How Much is My PA Car Accident Claim Worth?
This question's answer is not always straightforward, but it is common. Due to the unique circumstances of each auto accident, it is impossible to provide an accurate estimate of the value of your claim. Generally, we assist clients in pursuing full and fair compensation for all of their accident-related injuries.
As previously stated, the majority of insurance companies will attempt to reach a quick settlement. Using this strategy, insurers may offer significantly lower settlements than they would if the injured party had accurately assessed the extent of their injuries or consulted with an experienced auto accident attorney. Before a settlement offer can be considered, the losses resulting from the injury must be ascertained. An initial settlement offer may appear quite alluring. However, this may not account for costs such as lost wages and medical expenses. You may be entitled to compensation for both financial losses, such as medical bills, and emotional suffering.
Economic Losses (Damages)
Economic damages are the amount of money lost as a result of an accident. Intangible losses such as emotional distress and pain and suffering are not covered by the term "economic damages." If you have been injured and won a personal injury lawsuit, you will be compensated for your economic damages. Typically, you will receive a single payment to compensate you for all of your past and future financial losses.
- Lost income / Wages from work
- Current and future medical bills
- Reduced earning capacity
- Medical devices, such as wheelchairs and crutches, and any home modifications like a wheelchair ramp
- Transportation expenses to and from doctor appointments
Occasionally, it's necessary to bring in specialists to help quantify economic damages. Typically, cases involving the estimation of future losses require the testimony of an expert who can comment on the nature and extent of an injury as well as the patient's prognosis. A labor attorney or economist may be able to assist in calculating the financial consequences of a long-term loss of income.
In cases involving very severe and long-lasting injuries, it is strongly advised that you retain a PA personal injury attorney to assist you in handling your case and protecting your best interests.
Non-Economic Losses (Damages)
Non-economic damages cannot be quantified in monetary terms because they do not involve actual monetary loss. Examples of common non-economic damages following a car accident include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
The trauma of a vehicle accident and the pain you experience as a result of your injuries can negatively impact your mental and physical health. Accidental severe burns may leave you with permanent scars that make you feel inferior or take a long time to overcome. It is possible to file a lawsuit for financial compensation after such a traumatic injury, but it can be difficult to quantify.
If you file a lawsuit, the court will determine the amount of compensation you should receive for your mental suffering. The insurance company and your attorney will assess your physical injuries. Long-term consideration should be given to the impacts on sleep, routine, and personal and professional relationships.
Calculating a reasonable amount of compensation for your injuries after a car accident requires considerable discretion and experience.
How are Damages Calculated in Pennsylvania Personal Injury Cases?
As part of your personal injury lawsuit, your attorney will calculate a settlement demand based on your economic losses and a number of other factors. Your attorney will help you establish the legitimacy of your claim and the requested amount of compensation. Once a claim or lawsuit has been filed, the defendant may reject your entire claim or make a settlement offer, thereby initiating the negotiation process.
The Pennsylvania Car Accident Statute of Limitations
In Pennsylvania, as in the vast majority of other states, the statute of limitations applicable to a car accident lawsuit is the same as the more general one applicable to the vast majority of personal injury cases. In particular, 42 Pennsylvania Statutes Section 5524 states, "An action to recover damages for injuries to the person or for the death of a person caused by the wrongful act or neglect or unlawful violence or negligence of another must be filed within two years."
Brandon J. Broderick is Ready to Assist You With Your PA Car Accident Claim
It is not uncommon for the no-fault laws of Pennsylvania to cause confusion. Those injured in an automobile collision are frequently unaware of the compensation to which they are entitled. Working with an attorney who has extensive experience in car accidents can have a significant impact on the outcome of your case. In some situations, there may be multiple parties at fault. However, determining liability and the value of your claim is complex. Why take the chance of being compensated unfairly if you have no recourse?
When you hire a personal injury attorney from Brandon J. Broderick, you can count on a dedicated team that prioritizes your needs and fights for your best interests. We only collect payment for our services if we win your case. If we lose, you do not pay. Contact us today for a free consultation; we look forward to helping you.