Imagine driving to work on your daily commute when another car rear-ends you. Whether the other driver was busy sending a text message or was not focusing on the task at hand, his distracted driving is the reason you are now injured and your car is in the repair shop.
Every day people suffer injuries due to another driver's negligent acts. When that happens, you should not have to pay for medical expenses and car repairs due to another person's negligence. Fortunately, there are steps you can take to get the justice you deserve. A Greensburg attorney with car accident experience can help you file a claim. Read further for things you should know about Pennsylvania compensation laws.
1. Two types of damages
After a car accident, you will have to make decisions regarding two types of damages. You will have to handle the economic damages. These include your medical expenses from your injuries and the repairs to your car. The other type is non-economic. These include mental and emotional costs such as post-traumatic stress disorder.
2. Determining fault
In Pennsylvania, the court adheres to a "choice no fault" rule. This means that as a driver, you can have no-fault insurance or the more traditional kind. If you have no-fault insurance, your insurer will cover your medical expenses, lost wages, and car repairs no matter who caused the accident. This kind of insurance usually limits your own liability, but it also makes it harder for to file a claim against others.
If you are able to file a suit, the court will determine if you played any role in the accident. As long as you were less than 50 percent at fault, you might receive an award for damages. The court will reduce your award in direct relation with how much you contributed to the accident.
In general, the state does not limit the amount of damages you can claim. Only in cases against the Commonwealth itself and local governments are there caps. In these instances, claims against the Commonwealth are limited to $250,000 and claims against local governments can be no more than $500,000.
Typically, all states set a time limit for filing injury claims. In Pennsylvania, you have two years from the date of the accident to file a claim for your injuries and the damage to your car.
If you have suffered injuries due to another driver's negligence, it is important to understand your rights and options in Pennsylvania.