Pennsylvania Car Accident Lawsuit
How Do I Know if I Can File a Lawsuit?
Whether or not you can file a lawsuit after a car accident depends on the circumstances and your insurance. Pennsylvania is a choice-fault state. This means that when you buy auto insurance, you choose from two different policy types:
- No-fault insurance. If you purchased a no-fault policy, you make a claim with your own insurer after an accident. Only if your injuries are what the state deems severe can you sue the at-fault driver.
- At-fault insurance. If you have an at-fault policy, you will make a claim with the at-fault driver’s insurer. You can also sue the other driver. Depending on the type of at-fault policy, you can sue the at-fault driver for limited damages or for any and all associated expenses with no limitations.
A Pennsylvania lawyer or firm specializing in car accidents can help you understand the laws and how they apply to your situation. They will advise you as to whether or not you can or should file a lawsuit.
If you have significant expenses, serious injuries, or difficulties getting compensation from an insurer, you should talk to a lawyer.
Is There a Deadline for a Pennsylvania Car Accident Lawsuit?
Yes, Pennsylvania’s statute of limitations for personal injury lawsuits is two years. The law gives you just two years from the time of the accident to file. It’s important to talk to a lawyer as soon after an accident as you can.
What Are the Steps in a Pennsylvania Car Accident Lawsuit?
If you are eligible to sue the other driver or there insurer, and you choose to, the lawsuit will follow certain steps:
- File a complaint
Your lawyer will file a complaint with the appropriate Pennsylvania court and to notify the defendants. This begins the lawsuit. - Go through discovery
The next step is the discovery period. Each side gets time to build a case. This involves investigating the accident, talking to relevant experts, holding depositions, and interviewing witnesses. - Negotiate a settlement
With all the information showing negligence in the accident, most defendants will be prepared to settle. Your lawyer represents you in negotiations to demand adequate compensation. - Go to court
If you are not satisfied with the result of the negotiations, you can take your case to trial for a jury verdict. If you win, you’ll likely get more, but there is also a risk the jury will side with the defendants. - Appeal
You can appeal a jury decision, but so can the defendants. Either way, this process, which takes the decision to a higher Pennsylvania court, will delay your recovery of damages.
How Will My Lawyer Prove My Case?
In car accident lawsuits, the plaintiff’s lawyers must show someone else caused the accident and resulting injuries through negligent actions. Your lawyer will use a variety of information to prove this:
- Police reports
- Witness statements
- Accident reconstruction experts
- Medical experts
- Physical evidence from the accident and your injuries
If you have no-fault insurance and want to sue, you will also have to show the court that your injuries are severe. They must meet the threshold of being a serious impairment of a bodily function. Of course, this statement is open to interpretation.
What Can I Expect in Damages from My Lawsuit?
Even the best lawyers cannot guarantee a specific amount of damages recovered for a client. An experienced lawyer can make a reasonable estimate, which includes factors unique to your case:
- The extent of your injuries
- Your medical bills
- Medical and care expenses you’re likely to have in the future
- Disfigurement, paralysis, or other permanent disability
- Lost wages and future lost earning potential
- Emotional and physical suffering and pain
Pennsylvania lawsuits follow a shared fault rule. If you take your case to trial, the defendants may show you share some of the fault in the accident. In that situation, the judge will reduce any jury award you get by the extent to which you were at fault, for instance, 25%. If you are more than 50% to blame, you cannot recover any damages.
Examples of Pennsylvania Personal Injury Lawsuits
Filing a lawsuit is a big step. There is little risk for you, as most law firms offer a no-fee guarantee until they win for you. However, it’s a long process that can seem daunting.
It may help to see why other residents in Pennsylvania have filed lawsuits and what the outcomes have been:
- Truck driver Howard Sexton III died in a Lehigh Tunnel accident in 2018. His truck hit a pipe hanging loose from the ceiling of the tunnel and struck him in the head. An official report released two years later found that the tunnel had serious structural flaws that, if addressed earlier, would not have resulted in Sexton’s death. His family settled with the Turnpike Commission for nearly $500,000.[1]
- In another wrongful death case involving vehicles, the victim’s family received a settlement offer of $475,000. Gregory Longenecker died in Berks County in 2018 after being crushed by a bulldozer. Police suspected him of growing marijuana. Two officers, one from the Game Commission, the other a state trooper, pursued Longenecker in a bulldozer, resulting in his death.[2]
- Jillian Kemenosh suffered a spine fracture as a passenger in an Uber car in Philadelphia in 2018. The driver ran a red light, resulting in the accident. Uber tried to deny Kemenosh’s right to sue, citing the terms users agree to that waive the right to sue for a jury trial. A Philadelphia Common Pleas Court ruled that she couldn’t be forced out of a jury trial because Uber had no way of proving she read the terms and conditions.[3]
These and other cases throughout Pennsylvania give you an idea of what’s possible when you work with the right lawyers. A car accident is a terrible experience, but you can sue, get a settlement, or recover damages with a lawyer on your side.