New Castle Car Accident Attorneys

A serious car accident can drastically affect your life. You may be left with severe injuries, lasting disabilities, and exorbitant medical bills, not to mention weeks or months of lost wages due to being unable to work because of your injuries. To make matters worse, the insurance company may pressure you to settle your claim as quickly as possible—often for far less than you are owed.

At Luxenberg Garbett Kelly & George, we understand the stress you are under, and we believe that the insurance company should be made to compensate you for all of your damages fairly. With nearly 100 years spent serving the Western Pennsylvania community, our firm has earned a reputation for going up against major insurance companies on behalf of our clients—and winning. Our New Castle car accident lawyers are not afraid to take your case to court, and insurance companies know that we will do everything possible to secure the maximum compensation our clients are owed. This often allows us to connect favorable settlements for our clients without ever going to trial.

Are you suffering from a car accident? Call Luxenberg Garbett Kelly & George P.C. today at (724) 576-8855 or contact us online to schedule a meeting with our New Castle car accident attorney! 

Is Pennsylvania a No-Fault State?

When it comes to car insurance and auto accidents, Pennsylvania is a no-fault state. Under no-fault rules, all motorists must carry personal injury protection (PIP) insurance. In an accident, your PIP insurance covers you for certain losses, including reasonable and necessary medical costs, a portion of your lost wages, and other miscellaneous out-of-pocket expenses related to the accident.

But what does this mean for your car accident claim?

Generally speaking, you do not have to prove that anyone else—whether the other driver involved or another party—was at fault for the accident to file a claim. This means you can receive monetary compensation for covered damages, regardless of who was to blame. However, PIP coverage is relatively low.

Pennsylvania only requires motorists to carry PIP coverage in the following amounts:

• $15,000 in bodily injury coverage per person
• $30,000 in bodily injury coverage per accident
• $5,000 in first-party medical benefits
• $5,000 in property damage coverage

A severe car accident can result in damages that far exceed these limits. If you have limited tort coverage, you may be unable to bypass the no-fault system and sue the at-fault driver for damages unless you can prove that your injuries meet the state’s “serious injury” threshold. If, however, you have a type of coverage known as “full tort,” you may be entitled to step outside the no-fault system and pursue a lawsuit against the at-fault driver, regardless of the severity of your injuries.

Limited Tort vs. Full Tort Coverage: What is the Difference?

As mentioned above, Pennsylvania has two types of personal injury protection (PIP) coverage: limited tort and full tort coverage. Your coverage is essential, as it determines your rights following a car accident.

Below, we’ve provided a brief overview of the main differences between limited tort and full tort coverage in Pennsylvania:

• Limited Tort: With limited tort coverage, you must seek compensation for medical expenses and other covered losses through your auto insurance provider. You are not entitled to compensation for non-economic damages, such as pain and suffering. Furthermore, you may be ineligible to sue the at-fault driver, even if your damages exceed your policy limits, unless you have suffered a “serious injury,” as defined by state law.
• Full Tort: Full tort coverage allows you to recover compensation for covered losses through your auto insurance provider, and it allows you to go outside the no-fault system and sue the at-fault driver for damages regardless of whether or not your injuries are considered “serious.” Full tort coverage also allows you to seek compensation for non-economic damages, such as pain and suffering, via a lawsuit against a defendant.

While it can be more difficult to sue a negligent driver for damages when you have limited tort coverage, it is not impossible. You may even be able to recover pain and suffering damages if you can prove that your injuries meet the state’s “serious injury” threshold.

Typically, the court weighs various factors when determining whether an injury is “serious” or not. Some of these factors include:

• The severity of your injuries
• The cost of your medical expenses
• Whether your injuries have caused significant impairment or disability
• Whether your injuries have caused significant disfigurement
• The duration of your impairment or disability
• Whether your impairment or disability is expected to result in death

Generally speaking, catastrophic injuries—such as spinal cord injuries and traumatic brain injuries, among others—are examples of injuries that meet the “serious injury” threshold.

Common Car Accident Injuries

While the worst car accident injuries usually happen when a vehicle is moving at high speeds, it is still possible for serious injuries or death to occur when a car is moving very slowly, or even not at all, such as when a driver is backing out of a driveway or parking spot and hits a pedestrian or someone on a bicycle.

Whether you were the driver, a passenger, or a bistanding, victims of car accidents often suffer from:

Back, Head, and Nerve Injuries

Having a strong back, healthy brain, and good nervous system are all central to being able to live a full life that is not plagued by crippling pain. When someone has been injured in a serious car accident, these are often things that the injured party can no longer take for granted. Some of the worst injuries involve nerve damage to the spinal cord which can result in long-term or even permanent paralysis and/or pain. A blow to the head can impair cognitive function which can leave a person unable to work and earn a living and prevent many future meaningful relationships

Neck and Chest Injuries

Injuries to the neck and chest can affect a person’s breathing function and may be especially dangerous for someone who has an existing heart condition. These types of injuries — or almost any injury can potentially raise the stress levels of a person with such a condition and cause cardiac arrest. Even without heart issues, someone who has taken a blow to the neck or chest may experience long term pain that could limit their ability to function normally long after the crash

Broken Bones and Internal Injuries

With the impact of an accident, broken bones are not uncommon, and it isn’t always easy to tell what is broken right away. Cracked or broken ribs can potentially puncture a vital organ, such as the lungs, heart or kidneys causing long term health problems, pain, or even death from internal bleeding.

What Damages Can Be Recovered in a Car Accident Claim?

Be wary of accepting the insurance company’s settlement offer without contacting an attorney. An attorney can investigate your case in detail and evaluate which types of damages you may be entitled to receive. They will often consult experts, including physicians and police officers, to understand the full extent of your injuries and the impact they have had and will continue to have on your life.

At LGKG, we take the time to understand the details of your case to help ensure you receive maximum compensation.

Such recovery may include:

• Lost income from missing days of work—past and future
• Relevant medical bills and missed payments due to injury
• General pain and suffering
• Damage to property

Some compensation even includes punitive damages. This will depend on the gravity of the other driver’s negligence and the losses in question. Punitive damages are damages charged to the at-fault party as punishment.

Generally, you recover compensation through an insurance company—either the other driver’s insurance company, your own, or both. If the driver is uninsured, you can usually file a claim for compensation against them personally.

Why Hire a Car Accident Attorney?

Insurance adjusters often pressure accident victims to settle claims quickly before victims truly know the extent of their injuries or the long-term financial impact those injuries will have. However, an experienced attorney, like those at Luxenberg Garbett Kelly & George, will have the necessary resources to investigate your claim and provide expert testimony to prove your damages' full extent and nature. In short, an attorney can help you determine what your claim is worth and can fight for the full, fair compensation you are owed.

At LGKG, we work to ensure your medical expenses, lost wages, and property damage are covered. This includes issuing letters of protection to medical providers assuring that the bill will be paid if a settlement is collected. If necessary, we enlist medical experts, economists, vocational experts, and life care planners to assemble a comprehensive demand package covering all future needs.

Our firm has successfully represented victims of distracted drivers, drunk drivers, and other negligent individuals whose careless and reckless behavior has led to devastating injuries, life-changing impairments, and death. We have also successfully handled complex auto accident claims involving passenger injuries, hit-and-runs, road defects, Ubers, Lyfts, and other rideshares. No matter how complicated your case may be, you can trust our team to provide the personalized attention and support you need throughout the legal process.

Start Your Defense Today

At Luxenberg Garbett Kelly & George, we genuinely care about every one of our clients. We will never treat you like just another case number; instead, you can expect us to take the time to get to know you, learn what happened, and share how we can help. We strive to develop meaningful, lasting relationships with our clients, so they always know we have their backs.

Several of our attorneys have been selected for inclusion in the Pennsylvania Super Lawyers® list multiple years in a row, have received the prestigious AV® Preeminent Rating from Martindale-Hubbell®, and are Board-Certified Civil Trial Specialists by the National Board of Trial Advocacy. We have recovered hundreds of millions of dollars in compensation for our clients. We are dedicated to helping you get back on your feet after a serious motor vehicle accident.

We invite you to get to know our team, learn more about our firm, and schedule an in-person meeting to discuss your car accident case at no cost. We look forward to meeting with you and sharing how we can help you fight for the fair compensation you deserve.

Contact Luxenberg Garbett Kelly & George P.C. today to schedule a FREE consultation with our car accident lawyer in New Castle!