Getting hit in a car, truck, or motorcycle accident can be a life-altering, traumatic experience, one that our lawyers can help you navigate and get compensatory damages after. With so much to know about motor vehicle accident claims to successful get payment, rely on our attorneys to tackle your case in Kutztown.
We can explain the ins and outs of auto injury lawsuits, including the requirement to meet the serious injury threshold to receive non-economic damages if you have limited tort insurance. We will see how much is left of the two-year statute of limitations and help you bring a timely claim. Our attorneys will also calculate the damages you should get and compile the evidence necessary to recover compensation.
For help with your case from our car, truck, and motorcycle accident lawyers, call Cardamone Law today at (267) 651-7945.
What to Know About Car, Truck, and Motorcycle Accident Claims in Kutztown
Depend on our lawyers to take care of your compensation claim for a car, truck, or motorcycle accident in Kutztown and to prepare you for what to expect from a lawsuit.
No-Fault Rules
Pennsylvania is a partial no-fault state. The type of car insurance you have dictates whether or not no-fault rules apply to your accident. The type of accident also dictates whether no-fault rules apply, as motorcycle crashes are exempt from this system.
If you have “limited tort” insurance, which is the most common, you can only sue and get non-economic damages for a serious injury. According to 75 Pa.C.S. § 1702, a serious injury is any injury that causes serious impairment of a body function or permanent serious disfigurement. Fatal injuries also warrant wrongful death claims for motor vehicle accidents.
If you have full tort insurance, you may sue for any injuries and damages, no matter how serious. Having full tort insurance is less common because it is more expensive than limited tort insurance, but our car, truck, and motorcycle accident lawyers can help you seek compensation, regardless of your coverage.
Accident Reports
Calling the police means getting a crash report. Tell officers what happened, if you are injured, and how the other driver was negligent or reckless. Law enforcement can get the insurance and contact information of everyone involved, and our lawyers can get the resulting police report in the following days.
Accident reports are not evidence in Pennsylvania lawsuits, but they do benefit our lawyers when preparing claims.
Filing Deadlines
You should also know the filing deadline for most car, truck, and motorcycle accident claims. The statute of limitations for injury lawsuits in Pennsylvania is two years. In general, those two years start counting down on the date of injury, which is typically the same date as the accident.
Sometimes, the filing deadline differs. If the at-fault driver conceals their identity and liability by fleeing the scene, the statute of limitations may pause. The same is true if victims do not discover their injuries immediately. Trust us to identify the final date you can bring a motor vehicle accident lawsuit to avoid missing it.
Standard of Proof
Plaintiffs should also familiarize themselves with the standard of proof for car, truck, and motorcycle accident lawsuits. We must present evidence that shows it is more likely than not that the other driver was negligent and injured you. While this might be a lower standard of proof than you anticipated, it still requires strong evidence to meet.
Let us prepare a lawsuit that meets the standard of proof for an auto accident claim in case yours goes to trial in Kutztown.
Comparative Fault
Comparative fault is an issue in some motor vehicle collision cases, especially for motorcycle crashes. Negligent drivers who argue that a plaintiff was also negligent might end up covering some of the plaintiff’s damages, but not all. Compensation is reduced proportionally to liability, according to 42 Pa.C.S. § 7102(a). We can predict a defendant’s use of comparative fault arguments and develop strategies to counter them.
Possible Compensation
Plaintiffs should always know their potential compensation from an injury lawsuit. Car, truck, and motorcycle accidents have many consequences for victims. Physical pain from injuries, depression because of a reduced quality of life, and lost wages from being unable to work are some of the most common damages victims experience. Of course, there are also medical damages, which are extremely expensive alone.
There are no set limits on compensation in Pennsylvania auto accident claims, and we can advocate on your behalf for full damages.
Chances of Trial
Some injury plaintiffs are wary of going to trial. That is understandable, and our lawyers can explain the chances of your case going to court. Many truck, motorcycle, and car accident cases settle. This often benefits victims, who need compensation fast. You should not settle prematurely because you need damages soon; however, that might lead you to accept a bad settlement. Let us help you avoid this by reviewing all settlements and helping you choose whether to sign a proposal or go to trial.
Strong Evidence
We help plaintiffs get the strong evidence they need to bring successful car, truck, and motorcycle accident claims, such as the following:
- Eyewitness statements
- Medical records
- Hospital bills
- Photos
- Videos
- Accident reconstruction
- Expert testimony
A lot of the best evidence in auto injury claims must be preserved immediately, or else it might be lost forever. For example, business owners may routinely overwrite or delete security camera footage, and contacting them right away may be the only way to get such evidence for your claim.
Give us any evidence you have, like photos. Also, tell us everything you can remember about the collision. The more details we have, the better. We may get physical evidence that supports your recollections and other eyewitness statements that contain similar accounts.
Call Our Kutztown Lawyers About Your Accident Today
Call our car, truck, and motorcycle accident lawyers of Cardamone Law for a free case discussion at (267) 651-7945.
