Car accidents remain one of the most significant causes of injuries in Wayne. If you have been injured in a crash, navigating Pennsylvania’s complicated insurance laws often makes it challenging to secure the compensation you rightfully deserve without the help of an attorney.
Our experienced legal team specializes in handling these cases and is dedicated to getting the compensation you need. We can start by analyzing your insurance policy to determine its limits. If you have a “full tort” policy, we can move right to filing a lawsuit. Those with “limited tort” insurance can file a lawsuit if we can show that you suffered serious injuries, so prioritize your medical care. Once we determine your right to sue, we can prepare your claim and file it before the limitations period closes.
To get a free review of your case from our car accident lawyers, call The Reiff Law Firm at (215) 709-6940.
When to Begin a Car Accident Claim in Wayne, PA
As they say, there is no time like the present, especially when starting a lawsuit. You have a limited amount of time to bring a claim under Pennsylvania’s statute of limitations. It then must be determined if your insurance policy gives you the right to file a lawsuit against the negligent driver since this is a “tort” state. Our car accident lawyers can determine the extent of your rights and how best to cover all your damages. If your insurance is limited, we can still file a lawsuit if your injuries are considered “serious.”
The Statute of Limitations
In Wayne, the deadline for filing auto accident claims is two years under 42 Pa.C.S. § 5524. This timeframe allows plaintiffs sufficient time to prepare their case while ensuring that defendants are not held liable for damages indefinitely. In the days and weeks following your collision, seeking the necessary medical care is crucial. This often involves diagnostic tests, physical therapy, prescription medications, and other treatments. This step will help us fully understand the extent of your injuries and collect medical records as evidence to support your claim.
However, do not wait until the last minute to file. Delaying your claim can put you at risk of losing access to vital evidence that can establish fault. Additionally, waiting too long to pursue legal action can result in missing the filing deadline altogether, leaving you responsible for the damages the defendant caused. It also gives us the time to investigate your insurance coverage to determine if you can file a lawsuit beyond your insurance claim.
How to File a Lawsuit
States typically follow one of two systems: either a “no-fault” or a “fault” system, also known as a “tort” system. In a usual no-fault system, drivers cannot sue for injuries sustained in an accident unless those injuries are classified as particularly serious. Instead, they seek compensation through their own insurance policies and can only file claims against the other driver’s liability insurance if they meet the “serious injury” threshold. On the other hand, a “fault” system allows individuals to sue for damages and injuries directly or to make claims against the at-fault driver’s insurance.
In Pennsylvania, drivers have the option to choose between “limited tort” and “full tort” insurance. Full tort insurance functions like a traditional tort system, allowing you to sue for all types of injuries in addition to giving you the option to file against the at-fault driver’s insurance. However, this type of coverage generally comes at a higher cost. Conversely, a limited tort policy is akin to a no-fault insurance plan, meaning you would typically file a claim with your own insurance for damages.
In practical terms, individuals with a limited tort insurance policy might find themselves restricted when it comes to suing. On the other hand, if you hold a full tort policy, you still have the option to tap into your own insurance as a temporary solution while you go after the at-fault driver in court for your remaining damages.
However, regardless of your policy choice, your insurance will not cover your pain and suffering. Instead, you will have to file a lawsuit if you want compensation for non-economic damages. With a full tort policy in hand, you can file a claim for both economic and non-economic damages, regardless of how serious your injuries are. However, if you have limited tort insurance, you can only get compensation for non-economic damages if your injuries are “serious.” According to 75 Pa.C.S. § 1702, serious injuries include death, significant impairment of bodily function, and permanent severe disfigurement.
Evidence Our Team Can Use to Prove Your Car Accident Lawsuit in Wayne, PA
When preparing a car accident lawsuit in Wayne, our lawyers use a variety of evidence to build a strong case on your behalf. This evidence is crucial for establishing liability and ensuring you receive the compensation you deserve.
One of the most valuable types of evidence we rely on is your medical records. These documents outline the extent of your injuries and the treatment you received, providing a financial basis for your claim. If you must meet the serious injury threshold, your medical records become even more critical.
In addition to medical records, witness testimony often plays a pivotal role in proving fault in car accident cases. Statements from individuals who witnessed the accident can offer different perspectives and corroborate your claims about the sequence of events. This can include testimony from bystanders at the scene and expert opinions, such as those from accident reconstruction specialists.
Photographic evidence is another powerful tool that can improve your case. If possible, take photographs at the scene of the accident. Capturing images of vehicle damage, traffic signals, and the surrounding environment can help paint a clearer picture of the incident. Moreover, our legal team can access the area for surveillance footage from nearby cameras, which might have recorded the accident.
Call Our Today for Help Holding the Negligent Parties Responsible
Call our car accident attorneys at The Reiff Law Firm at (215) 709-6940 for a free assessment of your claim.
