Car accidents are typical in Bethlehem, but the financial, emotional, and physical damage they cause are not. Those struggling with the fallout of a car accident can get help from our attorneys to file a lawsuit to cover their losses.
Our firm has over fifty years of combined experience and knows how to recover compensation for you. First, our team will review your insurance to determine what damages we can cover with it and what limitations it places on your right to sue. If you selected the full tort option in your insurance, we can proceed right to filing a lawsuit, which will allow you to claim and recover all your damages, including economic and non-economic losses. If your insurance limits this right, we can still explore exceptions permitting you to get justice in court.
Contact Leeson & Leeson at (610) 890-6332 today for a free case evaluation with our car accident lawyers.
How to Recover Compensation for Your Losses After a Car Accident in Bethlehem, PA
Car accidents present victims in Bethlehem with numerous challenges. Many deal with mounting medical bills, lost wages, and emotional damages. At the same time, the state’s no-fault insurance rules and limits on filing a lawsuit make it difficult to cover all the damages you sustained. Our car accident attorneys can review your insurance coverage to determine its limitations and how we can overcome them to file your lawsuit. Pennsylvania uses a “choice” no-fault insurance system, meaning you can elect the basic “limited tort” option or the “full tort” alternative when purchasing your car insurance. The following will explain how each option works in Bethlehem car accident claims:
Limited Tort Option
If a victim has the limited tort option in their insurance, 75 Pa.C.S. § 1705(d) prevents them from filing a lawsuit for non-economic losses, also known as “pain and suffering.” This option only entitles them to recover compensation for their economic losses, like medical expenses and lost income. Worse, their personal insurance will only pay for a certain amount of economic damages, leaving victims to cover some of their own losses. We must find an exception to the limited tort alternative to file a lawsuit in these situations.
The most common exception employed is for accidents involving serious injuries. If you sustained serious injuries in your car accident, you can bring legal action for all your damages. § 1702 defines “serious injuries” as injuries that result in serious impairment of a bodily function, permanent disfigurement, or death. Many types of injuries fall under the first two definitions. Our team can work with medical experts and gather evidence to clear this hurdle to your compensation.
The limited tort option does not apply if you were injured by someone convicted of driving under the influence of alcohol or controlled substances, according to § 1705(d)(1)(i). You will also have full tort rights if the driver accepts an Accelerated Rehabilitative Disposition (ARD) for DUI, which is an alternative to a criminal conviction.
We will also be able to file a lawsuit under § 1705(d)(1)(ii) if the vehicle that hit you is registered in another state.
You will also be considered to have full tort rights to file suit if you were injured because your vehicle malfunctioned or a part was defective, as per § 1705(d)(2). This includes lawsuits against businesses that design, manufacture, repair, service, or otherwise maintain motor vehicles.
Lastly, you are not bound by your policy’s limited tort option if you were injured as an occupant of a motor vehicle that is not privately owned, according to § 1705(d)(3). For example, if you were injured while riding a commercial bus or in a rideshare vehicle, you will have full tort rights. However, commercial vehicle accident cases tend to have additional challenges that our team can help you handle.
Full Tort Option
The full tort option is essentially what it sounds like. Those with this option selected in their car insurance can pursue non-economic and economic losses stemming from their accident in a lawsuit under § 1705(c).
In a lawsuit, you can recover all your medical expenses and lost wages. For those with serious injuries, you can also claim medical losses and missed earnings projected in the future. For instance, if your doctor confirms you will need surgery at a later date or you will never be able to work in the same position or field again, you can be compensated for these long-term losses.
Importantly, you can recover damages for your pain and suffering. Unlike your financial losses, these damages are hard to quantify because they are based on your experiences rather than invoices. You can be paid for the daily pain your injuries cause you, your emotional distress, your depression, the impact on your family life, and many other damages. With our experienced firm on your side, you can ensure that both types of losses are accurately assessed.
How Long You Have to File a Car Accident Lawsuit in Bethlehem, PA
Since your insurance options must be reviewed, there is no time to waste starting your case. In Bethlehem, 42 Pa.C.S. § 5524(2) only gives you two years from when you were injured to initiate your claim. You might know this rule as the “statute of limitations.” It encourages fairness by having defendants fight fresh claims while keeping the court from being overwhelmed.
As such, you have little room for error regarding the deadline. If your lawsuit is filed after the window closes, you will be liable for all your damages. You should only wait as long as it takes to get the medical care you need following the crash. We will need some evidence of your injuries and accident when we file the initial complaint, so getting treatment immediately is critical. After that, we can prepare your medical records and other evidence to file your lawsuit.
Call Our Bethlehem, PA Car Accident Lawyers Today to Get Compensation for Your Injuries
For a free case assessment with our car accident attorneys, call Leeson & Leeson at (610) 890-6332.