A sudden crash. The screech of tires. The shattering of glass. In an instant, your life changes. You might be hurt. Your car might be ruined. You are left with many questions. One big question often comes to mind: Can you sue for a car accident in Pennsylvania?
This question has many parts. The answer depends on many things. We will explore these things. We will look at your rights after a car crash. We will talk about how the law works in Pennsylvania.
This guide will help you understand your options. It will show you what steps you can take.
Pennsylvania's Car Insurance Laws
Pennsylvania has unique car insurance rules. They decide how you can seek money for your injuries. They also decide who you can sue.
Pennsylvania uses a "choice" system. This means you choose how your insurance works. You can choose "full tort" or "limited tort." Your choice affects your right to sue.
It is a big decision. Many people don’t fully understand their choice until an accident happens.
Full Tort:
- This choice gives you full rights.
- You can sue for all damages.
- This includes money for your medical bills.
- It also includes money for your pain and suffering.
- You do not need a serious injury to sue for pain and suffering.
Limited Tort:
- This choice limits your rights.
- You can still sue for medical bills.
- You cannot sue for pain and suffering unless your injury is "serious."
- A serious injury means death, serious disfigurement, or serious impairment of a body function.
- This option usually costs less for insurance premiums.
When you have limited tort insurance, suing for pain and suffering is harder. You must prove your injury meets the "serious injury" standard. This can be difficult to show. It often leads to disputes with insurance companies.
They might argue your injury is not serious enough. This is why understanding your policy is so important. The other driver's insurance also matters. If the other driver was at fault, their insurance might pay.
But your own insurance choice still controls your right to sue for certain things. This system can seem confusing. It is why many people seek legal help after a crash. They need someone to explain these rules clearly.
What Money Can You Seek After a Crash?
When you sue after a car accident, you are asking for money. This money is called "damages." The goal of these damages is to make up for your losses. The types of money you can seek depend on your injuries and your insurance choice.
It also depends on the facts of the accident. You want to get money for everything the crash cost you. People often think about medical bills first. But there are many other kinds of losses.
These losses can add up quickly. It is important to account for all of them. This makes sure you are fully compensated.
Here are some common types of money you can seek:
- Medical Costs: This includes all bills from doctors, hospitals, physical therapy, and medicines. It covers past bills and any future medical care you might need. Medical treatment can be very expensive. You should not have to pay for it if someone else caused your injuries.
- Lost Wages: If you miss time from work because of your injuries, you lose money. You can seek money for these lost earnings. This includes salary, tips, or any other pay you did not receive. If your injuries stop you from working in the future, you can also seek money for that. This is called lost earning capacity.
- Pain and Suffering: This money covers your physical pain and emotional distress. It includes the discomfort from your injuries. It also covers the stress, anxiety, and loss of enjoyment of life. This type of damage is often the largest part of a settlement. But remember, if you have limited tort insurance, you can only seek this if your injury is "serious."
- Property Damage: This covers the cost to repair or replace your car. It also includes damage to other personal items in your car. This could be things like a cell phone or laptop.
- Other Out-of-Pocket Costs: You might have other costs. This could be money spent on transportation to medical appointments. It could be money for household help you needed because you were injured. Keep track of all these expenses.
It is wise to keep careful records of all your losses. Save all bills, receipts, and notes about your injuries. These records help show what money you are owed. Without good records, it can be hard to prove your case. A detailed list of all your expenses and how your life changed helps your case immensely.
Steps to Take While Healing from a Car Accident
Healing from a car accident is a process. It takes time. It also takes effort. While you recover, there are important steps to take. These steps help your health. They also protect your legal case.
Many people focus only on getting better. But what you do during your recovery can greatly affect your ability to seek justice. It is wise to be very careful during this time. Every choice you make can matter.
Some actions can help your case. Other actions can hurt it. It is not just about physical healing. It is also about protecting your future.
Get medical care
Your health is the most important thing. See a doctor right away after a crash. Even if you do not feel hurt at first, see a doctor. Some injuries show up days or weeks later. A medical visit creates a record.
This record shows your injuries are from the crash. Follow all the doctor’s orders. Go to all your physical therapy appointments. Take all prescribed medicines. If you stop treatment too soon, the other side might argue you are not truly hurt. Or they might say your injuries got worse because you did not follow doctor's advice. This is a big mistake.
Document everything
Keep careful records of everything. This includes medical appointments. Save all bills from doctors, hospitals, and pharmacies. Write down how your injuries affect your daily life.
Note any pain you feel. Write down when you miss work. Keep a diary. Take photos of your injuries as they heal. Take photos of your damaged car. Save all communication you get about the crash. This includes letters or emails from insurance companies.
The more details you have, the stronger your case will be. Memories fade over time. Written records do not.
Do Not Talk to Insurance Companies Alone
Insurance companies for the other driver might call you. They might sound friendly. They might offer a quick settlement. Do not give them a recorded statement. Do not sign anything. Do not accept any money without speaking to a lawyer first.
Insurance companies protect their own money. They might try to get you to say something that hurts your case. They might try to pay you less than your case is truly worth. Let your lawyer handle talks with them. Your lawyer knows what to say and what not to say. They will protect your rights.
Proving Fault: Who Caused Your Accident?
You must show that someone else was at fault to sue for a car accident. This means showing their carelessness caused the crash.
This is different from "no-fault" states. In a fault state, the person who caused the accident is responsible for the damages. You must gather proof to show their actions led to your injuries and losses.
This part of your case can be complex. It often involves looking at many pieces of information. You need to connect the other driver's actions directly to the crash. You also need to show how the crash caused your injuries. This is why gathering evidence from the start is very important.
Here are some ways to prove fault:
- Police Reports: A police report is a very important document. It provides details about the crash. It includes where and when it happened. It lists the people involved. It often gives the police officer's opinion on who was at fault. While not always the final word, it is a strong piece of evidence.
- Witness Statements: People who saw the accident can give valuable information. They can describe what they saw happen. Their unbiased view can help show who was responsible. Their statements can confirm your version of events.
- Photos and Videos: Pictures taken at the crash scene are very helpful. They can show the position of the cars. They can show road conditions or traffic signs. They can show visible injuries. Dashcam video or nearby security camera footage can be even stronger proof.
- Medical Records: Your medical records are not just for your injuries. They also help prove the crash caused them. They show how serious your injuries are. They also show your treatment path. This links your harm directly to the accident.
- Traffic Laws: Sometimes, proving fault means showing the other driver broke a traffic law. This could be speeding. It could be running a red light. It could be distracted driving. Showing a traffic violation can be strong proof of their carelessness.
Sometimes, more than one person might be at fault. Pennsylvania uses a rule called "modified comparative negligence." This means if you are partly to blame for the crash, your ability to get money might change.
The Legal Process: What to Expect
You enter a legal process if you decide to sue after a car accident. This process has several steps. It can take time. It can also be complex. Knowing what to expect helps you feel more prepared.
Your lawyer will guide you through each step. They will handle the details.
The legal process is not always a straight line. There can be many back-and-forth steps. It is important to be patient. It is also important to trust your lawyer. They work to get the best possible outcome for you.
Here are the main stages of a car accident lawsuit:
Investigation
This is the first step. Your lawyer will gather all the facts. They will collect police reports, medical records, and witness statements. They might hire people to reconstruct the accident scene.
Filing a lawsuit
If talks with the insurance company do not settle the case, your lawyer will file a lawsuit. This means they formally tell the court you are suing. This document is called a "complaint."
Discovery
Discovery is a fact-finding period. Both sides exchange information. You might have to answer written questions under oath. This is called "interrogatories." You might also have to give a "deposition."
Mediation or settlement talks
Most car accident cases do not go to trial. They settle outside of court. This can happen at any point in the process. Often, a neutral person called a mediator helps both sides talk. The mediator does not decide the case.
Trial (If No Settlement)
If no settlement is reached, the case goes to trial. A judge or a jury will hear all the evidence. Both sides present their case. Your lawyer will call witnesses and show proof. The other side will do the same. After all the evidence is heard, the judge or jury decides.
Your Path Forward After a Car Accident
Dealing with a car accident is hard enough. You have your injuries. You have your recovery. Then you must deal with legal questions. Can you sue for a car accident in Pennsylvania?
The answer is often yes, but it is not simple. It involves understanding complex laws. It requires gathering strong evidence. It means taking careful steps to protect your future. Every case is unique. The right steps for one person might be different for another.
To discuss your situation and understand how the law applies to your case, you can contact car accident lawyer at Pribanic & Pribanic. You can call the Pittsburgh office at (412) 281-8844 to explore your path forward.