Were you injured or involved in an accident? Depending on the circumstances, you may be able to file a lawsuit to get compensation for your injuries and wages.
Ask yourself the following questions to see if you have a valid personal injury case.
If you answered ‘yes’ to all four of these questions, you may have an injury claim. Regardless of circumstances, it’s a good idea to speak with a personal injury attorney, as there are specific Pennsylvania laws that may also affect your claim.
Below, the central Pennsylvania lawyers from Hagelgans & Veronis dig deeper into Pennsylvania’s unique laws that affect personal injury cases.
Pennsylvania’s Statute of Limitations
The date an accident occurs is important. Pennsylvania’s Statute of Limitations has restrictions on the amount of time you have to file a lawsuit after you’ve suffered some type of harm.
Generally, personal injury claims must be filed within two years of the injury. If the claim is filled after this date, it’s unlikely the case will be successful.
Modified Comparative Negligence
Another factor that can influence a Pennsylvania personal injury claim is our state’s modified comparative negligence rule. This rule reduces compensation based on how fault is distributed among parties involved.
For example, if a victim is partially responsible for his or her injuries, the total amount of compensation is reduced by the percentage of his or her fault.
If compensation equals $20,000, but the victim is found 25 percent at fault, compensation is reduced by $5,000 or 25 percent. The victim’s compensation total is reduced to $15,000.
Furthermore, if the victim is found more than 50 percent at fault, they can be barred from recovering any compensation.
Pennsylvania is among a handful of states that offers no-fault insurance (also known as limited tort coverage), which allows drivers to collect damages from their insurer directly.
Under this system, drivers are prohibited from suing other drivers for damages, even when the other driver is at fault, unless certain medical thresholds are met. Moreover, even if medical thresholds are satisfied, collecting noneconomic damages like pain and suffering is prohibited.
However, drivers can opt-out of the no-fault system if they purchase full-tort coverage.
Both the severity of the injury and the type of insurance coverage can affect how a personal injury case goes down in Pennsylvania.
Legal Representation You Can Trust
At Hagelgans & Veronis, we pride ourselves on providing personalized and compassionate representation to the victims of personal injury. We treat our clients with the respect they deserve and provide the best legal representation possible.
Our attorneys are available in person if you can’t make it to us. With offices in Lancaster, Quarryville, Mount Joy, and York, we’re proud serve communities across central Pennsylvania.