New Castle Car Accident Attorneys

Being involved in car accidents is widely considered to be a terrifying experience for all citizens across the U.S Not only are you likely to sustain catastrophic injuries, but your recovery process can be an arduous journey, to say the least. Despite going through a difficult period, it is advisable to keep a cool head while seeking adequate assistance.

• Seeking medical care should be the first and most important course of action to take. Based on the gravity of injuries sustained, seeking medical attention in time can spell the difference between survival and death. This primarily means you should check for visible injuries and control the bleeding with as much precision as possible. You can also enlist the aid of bystanders to assist in any way possible. Serious injuries can adversely affect mobility, so limit any movement until the medical team arrives.
• Make sure to document crucial details regarding the reckless driver. This essentially means obtaining the vehicle’s registration as well as the driver’s contact information. Despite feeling a frenzy of emotions, abstain from any confrontation with the reckless driver as doing so can adversely affect your case in court.
• Take pictures of the vehicle with emphasis on the damaged areas. In case the driver desists from providing a driver’s license, then take a photograph of him with the vehicle.
• Filing a police report should be next on the agenda if you intend on obtaining compensation immediately. This ensures that the report is comprehensive and ensuring that the claiming process is as smooth as possible. While filing the report, don’t admit to any wrongdoing, as doing so makes you liable to prosecution and obtaining compensation will now be a tall order. In most cases, the insurance company will conduct a comprehensive investigation to determine the actual sequence of events and the guilty party. In most situations, insurance companies might not cater for medical expenses. Hence, seek an alternative solution from the convicted offender.

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 car accident attorneys in Pennsylvania to provide the personalized attention and support you need throughout the legal process.

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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.

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.