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Car Accident FAQs In Pennsylvania

January 06, 2022

By van der Veen, Hartshorn, Levin & Lindheim

The time after a car crash is confusing, and you will be left with many questions. It is crucial that you get the answers you need to these, as they will help as you pursue a personal injury claim, and so that you can understand your rights afterwards. Below, our Philadelphia car accident lawyer has outlined the most frequently asked questions we hear about these wrecks, and the answers behind them.

What Types of Compensation Can I Claim After a Crash?

The financial compensation, legally referred to as “damages” that you can claim after a car accident will depend on the facts of your case. Some of the most common types of damages available in car accident claims include:

  • Medical bills
  • Lost wages
  • Lost future earnings
  • Pain and suffering
  • Modifications made to a home or vehicle
  • Loss of consortium with a spouse or other members of the family
  • Property damage

In some cases, such as when the defendant acted with reckless disregard for the safety of others, you may also be awarded punitive damages.

What is a Limited Tort Policy and Full Tort Policy?

Drivers in Pennsylvania can either purchase a limited tort policy or full tort policy when buying auto insurance. Limited tort insurance limits your right to file a lawsuit for pain and suffering against an at-fault driver. There are some exceptions with a limited tort insurance policy. For example, if you sustained serious injuries or were hit by a drunk driver, you can still file a lawsuit against the negligent party.

A full tort policy allows you to file a lawsuit against the at-fault party without any limitations. If you are unsure of the type of policy you carry, or what your rights are under it, a Philadelphia car accident lawyer can help.

How Long Do I Have to File a Lawsuit?

Under the statute of limitations, you have two years from the date of the crash to file a personal injury claim or a lawsuit. If you do not file within this time, you will forfeit your right to claim the damages you need to recover from your injuries.

Can I Sue For Damages if I was Partly at Fault?

Yes! Under the comparative fault laws of the state, you can still claim damages even if you contributed to the accident. However, it is important to know that you must be found less than 51 percent at fault, or you will not be able to claim compensation.

Do I Have to Work with a Car Accident Lawyer in Philadelphia?

You are not required to work with a Philadelphia car accident lawyer when filing a claim or lawsuit, but it is strongly recommended that you do. At van der Veen, Hartshorn, Levin & Lindheim, our skilled attorneys can help you navigate the personal injury process so you can recover the full damages you deserve. Call us today at (215) 486-0123 or contact us online to schedule a consultation and to learn more about how we can help.


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