If you've just been in a car accident in Pennsylvania, once you've made sure everyone is safe, exchanged information with the other driver, and reported the crash to the police, you may be wondering what to do next. Your steps in the hours, days, and weeks following a collision can impact your health and finances.
Here's what you should do to protect yourself and your legal rights after a car accident in Pennsylvania. Contact an experienced Pittsburg auto injury lawyer who can guide you through the process and fight for the full compensation you deserve.
Seek Medical Attention Right After a Pennsylvania Car Accident
Your health should be your top priority after any car accident. Even if you feel okay at first, getting checked out by a doctor as soon as possible is wise. Certain injuries like concussions, whiplash, and internal injuries may not show symptoms immediately but can worsen if untreated. When you see a doctor, tell them you were in a car accident and describe any pain, stiffness, dizziness, or other symptoms you're experiencing - even minor ones. Follow their treatment recommendations closely. Keep copies of all medical bills, reports, imaging scans, prescriptions, and doctor's notes. This paper trail documents your injuries and treatment, which will be important evidence for filing an insurance claim or injury lawsuit later.Be Careful When Dealing With Insurance Companies After a Pennsylvania Car Accident
Shortly after your accident, the other driver's insurance company and possibly your own will likely contact you. The adjuster may seem friendly and express concern. But remember, their goal is to settle your claim as cheaply as possible. Stick to the basic facts of the accident and avoid discussing fault, signing anything, giving a recorded statement, or accepting a settlement offer until you've consulted with an attorney. The first offer is often a "lowball" amount that does not fully account for your damages. An experienced Pennsylvania car accident lawyer can handle all communications with the insurers and negotiate aggressively to secure a fair settlement covering all your losses - medical bills, lost income, vehicle damage, pain and suffering, and more. If you reach a fair agreement, your lawyer can file a lawsuit and fight for you in court.Document Time Missed from Work Due to Your Pennsylvania Car Accident Injuries
If your injuries from the Pennsylvania car accident cause you to miss time from work, keep careful track of your lost earnings. Start a log documenting:
- The dates and hours you missed
- Any vacation or sick time you had to use
- Lost opportunities for overtime, bonuses, or commissions
- If you're self-employed, any contracts or jobs you had to turn down
Keep Track of All Pennsylvania Car Accident-Related Medical Bills and Expenses
Medical expenses can quickly add up after a Pennsylvania car accident, so keeping meticulous records of all treatment costs is essential. This includes:- Ambulance fees
- Emergency room bills
- Hospital stays
- Doctor visits
- Surgeries
- Medications
- Physical therapy or rehabilitation
- Assistive devices like crutches or braces
- Transportation costs to and from appointments
Maintain a "Pain Journal" Documenting Your Pennsylvania Car Accident Injuries
The physical pain and emotional suffering caused by Pennsylvania car accident injuries can be difficult to quantify, but they are very real damages for which you deserve compensation. To help document these intangible losses, keep a daily "pain journal" where you record:- The location, severity, and duration of your physical pain
- Any activities that are difficult or impossible due to your injuries
- The emotional impact of the accident and your injuries (e.g., anxiety, depression, insomnia)
- How your injuries have affected your relationships and enjoyment of life
Know What Compensation You May Be Entitled To After a Pennsylvania Car Accident
After a car accident in Pennsylvania, you may face mounting medical bills, lost earnings, and a painful recovery process. Fortunately, you can pursue compensation for the full extent of your losses from the at-fault party. A knowledgeable Pennsylvania car accident answer can assess your case and fight for the maximum recovery you deserve. While every case is unique, three main types of damages are available to car accident victims in Pennsylvania.Economic Damages: Reimbursement for Direct Monetary Losses
After a car accident in Pennsylvania, economic damages are the main compensation you can recover. These damages reimburse you for the direct financial losses you suffered from the accident. Some common examples of economic damages in a Pennsylvania car accident case include:- Past and Future Medical Expenses: You may be entitled to compensation for all medical bills related to the diagnosis, treatment, and recovery from your accident-related injuries.
- Lost earnings and Reduced Earning Capacity: If your injuries have caused you to miss work, you can seek reimbursement for your lost income.
- Property Damage: These damages reimburse you for the direct financial losses you suffered from the accident; you can seek reimbursement for repairing or replacing that property.
Non-Economic Damages: Compensation for Intangible Losses
In addition to economic damages, Pennsylvania law allows car accident victims to pursue compensation for non-economic damages. These damages compensate for the intangible ways the accident and your injuries have diminished your quality of life. Some common examples of non-economic damages after a Pennsylvania car accident include:- Pain and Suffering: This encompasses the physical pain and discomfort you've experienced due to your injuries, as well as the negative emotions like fear, anxiety, depression, and grief you've suffered as a result of the accident and its aftermath.
- Emotional Anguish: Separate from the physical pain, car accident victims often experience severe emotional distress, particularly if the accident was traumatic or resulted in the loss of a loved one. Emotional anguish damages aim to compensate for this mental suffering.
- Scarring and Disfigurement: If the accident left you with significant scarring or disfigurement, you may be entitled to compensation for the embarrassment, self-consciousness, and loss of self-esteem these visible reminders of the trauma can cause.
- Loss of Enjoyment of Life: If your injuries have prevented you from participating in activities and hobbies you formerly enjoyed, you can seek damages for this loss of pleasure and fulfillment.
Punitive Damages: Punishment for Egregious Misconduct
In rare cases, Pennsylvania car accident victims can recover a third type of damages, known as punitive damages. Punitive damages punish the at-fault party for particularly egregious behavior and deter others from engaging in similar misconduct. To recover punitive damages in a Pennsylvania car accident case, you typically must show clear and convincing evidence that the at-fault party acted with reckless indifference to your safety or with intentional malice. In other words, their actions went beyond mere negligence or carelessness and were so outrageous as to shock the conscience. An example might be a drunk driver who caused a crash while fleeing from police at high speeds through a school zone. A Pennsylvania car accident lawyer can assess the specific facts of your case and advise you on whether punitive damages may be available.
Understand Pennsylvania's Time Limits and Laws for Car Accident Claims
Pennsylvania's statute of limitations affects anyone involved in a motor vehicle collision in the state. Here's a comprehensive overview of what you need to know:General Two-Year Statute of Limitations
The standard statute of limitations for car accident claims in Pennsylvania is two years from the date of the accident. This applies to personal injury and property damage claims resulting from the crash. It's essential to file your lawsuit within this timeframe; otherwise, you risk losing your right to seek compensation through the court system.Exceptions to the Two-Year Rule
While the two-year limit is the general rule, there are several exceptions:- Minors: If the injured party is under 18 during the accident, the statute of limitations is tolled (paused) until their 18th birthday. They then have two years from turning 18 to file a lawsuit.
- Wrongful Death: In cases where the accident results in death, the two-year countdown begins on the date of death rather than the date of the accident.
- Discovery Rule: In some cases, injuries may not be immediately apparent. The "discovery rule" allows the statute of limitations to begin when the injury is or reasonably should have been discovered.
- Incapacitation: If the accident incapacitates the victim, the statute of limitations may pause during the period of incapacity.
- Government Entities: The deadline is significantly shorter when filing a claim against a government entity, such as a city or state agency. You must file a notice of intent to sue within six months of the accident.
Why You Need to Act Fast After a Pennsylvania Car Accident
You need to act after a Pennsylvania car accident for several reasons:- Evidence preservation: Evidence can be lost or destroyed over time, and witness memories may fade, making it more difficult to establish key facts. Securing and preserving evidence as soon as possible ensures that you have the necessary support for your case and strengthens your position.
- Insurance claims: While the statute of limitations doesn't bind insurance claims, delaying the process can complicate the investigation and negotiation. Waiting too long can lead to disputes over the cause of damage or loss of critical evidence, ultimately affecting your settlement or payout.
- Legal preparation: Building a strong case takes time, and waiting until the last minute to gather evidence, consult professionals, or prepare legal documents can compromise your claim's strength. Adequate preparation allows you to consider all relevant facts and strengthen your legal strategy, improving your chances of success.
Interaction with Pennsylvania's No-Fault Insurance Laws
Pennsylvania is a "choice" no-fault state, meaning drivers can choose between traditional tort insurance and no-fault insurance. Under no-fault coverage, you typically turn to your insurance first for medical bills and certain other losses, regardless of fault. However, no-fault doesn't cover pain and suffering and certain other damages. To recover those, you must bring a claim against the at-fault driver. You can only do this if you opt for traditional tort insurance or if your injuries meet certain severity thresholds.Don't Wait - Contact a Knowledgeable Pennsylvania Car Accident Lawyer
Attorney Cheryl Penrod, Pittsburg Auto Injury Lawyer
The aftermath of a car accident is stressful, but you don't have to go through this process alone. An experienced Pittsburgh personal injury attorney can handle every aspect of your claim and fight for the highest compensation possible.
Look for an attorney who has specific experience with car accident cases in Pennsylvania, a track record of successful settlements and verdicts, and a contingency-fee policy so you pay no upfront costs. Most injury lawyers offer free consultations, so you can get advice on your rights and options at no risk.
The sooner you contact a lawyer, the sooner they can begin protecting your interests and seeking the justice and compensation you deserve. If you've suffered an injury in a Pennsylvania car crash, contact a skilled car accident attorney in your area today.