Pennsylvania has specific rules surrounding car accident lawsuits, including who can file them and when they must be filed. Let us explain all these complicated rules, see if you have a valid claim, and help you file and win your car accident lawsuit.
After confirming you can sue, we will tally all compensable damages. Neither economic nor non-economic damages are capped in injury lawsuits, letting plaintiffs get full compensation for their losses, no matter how great. Enough compensation may come from a settlement that our lawyers negotiate or from a jury award if your case goes to trial. Settling ends your case, so only sign an agreement you are happy with. We review all settlement offers and can stop you from accepting anything less than what you deserve.
Get a free case evaluation from our car accident lawyers by calling Cardamone Law at (267) 651-7945.
Who Can File Car Accident Lawsuits in Allentown?
Pennsylvania is a choice no-fault state for car accidents. This means that the type of car insurance you have dictates whether or not you have to pass a serious injury threshold to file a lawsuit and recover non-economic damages, which our lawyers can explain when we handle our case.
Drivers with Limited Tort Insurance
Many drivers in Pennsylvania have limited tort insurance. With this type of coverage, you can only file a lawsuit after sustaining a serious injury, such as death, permanent serious disfigurement, and serious impairment of a body function. Medical records prove your injuries, so always go to the hospital if you are hurt from a car crash.
Let us compare your injuries to Pennsylvania’s serious injury threshold and prepare the medical evidence necessary to prove them.
Drivers with Unlimited Tort Insurance
Drivers with unlimited tort insurance may sue negligent drivers without meeting the serious injury threshold in Pennsylvania. This means you can recover damages for pain and suffering and other losses, no matter how severe your injuries are.
What is the Deadline to File Car Accident Lawsuits in Allentown?
The deadline to file most car accident lawsuits is two years from the accident’s date, which is not much time. Let us pinpoint your filing deadline and do what is necessary to meet it so you do not lose your opportunity to get compensation.
Pennsylvania provides several “tolling” exceptions that pause the statute of limitations. For example, if the defendant leaves the state after a car crash, the statute of limitations would pause for that time. This benefits victims hurt in accidents caused by non-resident drivers passing through Allentown.
We may file your lawsuit far before the filing deadline, so call us about your case immediately. The sooner we start working on it, the sooner we can file it and recover the damages you need.
What Economic Damages Can You Get from a Car Accident Lawsuit?
A car accident lawsuit can cover any economic damages from a crash. While you may be most concerned with recovering medical damages, we will account for all losses, no matter how small.
Medical Damages
Organizing medical damages can be overwhelming for victims, so let our car accident lawyers handle this task for you. We include current and future losses in our tallies and can have medical experts testify about upcoming care costs.
Lost Wages
You may be unable to work for days, weeks, or even months after a car crash. Permanent spinal cord or brain injuries might forever eliminate a victim’s income, making recovering lost wages even more important. Income records establish your previous wages and let us calculate your losses.
Other Out-of-Pocket Expenses
Lawsuits can cover additional out-of-pocket expenses due to negligence. This includes property damage costs, transportation expenses, and any other related costs. We can identify all compensable economic damages and track them to ensure a full and fair recovery.
What Non-Economic Damages Can You Get from a Car Accident Lawsuit?
When victims pass the serious injury threshold or have unlimited tort insurance, they may sue and get non-economic damages. Non-economic damages are broad and subjective, making plaintiff testimony often the best evidence to prove them.
Non-economic losses include physical pain, mental suffering, emotional distress, depression, embarrassment, loss of enjoyment of life, and many other intangible harms. Plaintiffs may document their pain and suffering through journals and by talking to therapists.
Pennsylvania does not limit non-economic damages in these lawsuits. When awarding this compensation, juries consider many factors, like the severity of the victim’s injuries and their age at the time of injury. To compel the jury to award a large sum for non-economic damages, we may have you testify if your case goes to trial.
What if You Settle Your Car Accident Lawsuit in Allentown?
If you settle your car accident lawsuit in Allentown, you will not have to go to court. While many car crash cases settle, sometimes going to trial is the only way to get enough compensation.
That happens when defendants refuse to increase settlement offers. Defendants might be stubborn, even when faced with strong evidence, and prolong settlement negotiations so that plaintiffs feel compelled to accept lower offers.
If you settle your case, it ends there. Only sign a settlement you are comfortable accepting, and we will tell you whether or not any are fair enough to agree to. We can also explain your potential recovery from a jury award, which may ease any concerns you have about going to court.
After thorough negotiations, we may secure a favorable settlement that allows you to avoid trial without having to make concessions.
Some settlements are lump sum settlements, meaning the entire amount is paid to the victim at once. Structured settlements are more common and let defendants pay the agreed-upon amount in installments.
Call Our Allentown Lawyers for Help Today
Get a free case assessment from our car accident lawyers by calling Cardamone Law at (267) 651-7945.
