Wilkes-Barre Car Accidents Lawyer
Like other areas of the country, car accident claims make up a large majority of personal injury claims in Wilkes-Barre. However, in Pennsylvania, these claims are made even more complicated due to the state’s choice no-fault system. After a crash, many people don’t know what type of compensation they are eligible for, or how to claim it. If you’ve been in a crash, it’s important to speak to a Wilkes-Barre car accident lawyer that can provide legal advice and help you secure the maximum amount of compensation you deserve.
Common Causes of Car Accidents
Most car accidents are due to the negligence of at least one driver. Negligence is defined as acting carelessly or recklessly and the most common types on the road include:
- Distracted driving
- Drunk driving
- Reckless driving
- Poor weather conditions
- Aggressive driving
Full and Limited Tort in Pennsylvania
Most states in the country follow a tort, or fault-based, system for car accidents. A handful of states follow a no-fault system, in which drivers must go through their own insurance company after a car crash. Pennsylvania operates a bit differently, as drivers have a choice between full or limited tort when they purchase car insurance.
Many drivers choose the limited tort option because it is less expensive than full tort. However, with this option drivers cannot sue for pain and suffering, although they can claim compensation for their medical expenses. The full tort option on the other hand, although a bit more costly, allows drivers to claim compensation for all of their injuries, including pain and suffering.
Car insurance in the state becomes even more confusing after car accident victims learn that even with limited tort car insurance, there are times when they can still sue for pain and suffering. This option is available when they have suffered a permanent impairment or disability. Due to the fact that car insurance in Pennsylvania is so confusing, anyone injured in a crash should always speak to a car accident attorney that can help.
Statute of Limitations on Car Accident Claims
After a car crash, victims only have a certain amount of time to file their claim. This is known as the statute of limitations and all states have them, with Pennsylvania being no exception. Accident victims have only two years after their car accident to file their claim.
This sounds like a lot of time to many people, but it’s not. Before filing a claim, an attorney must gather evidence to determine and prove fault, gather medical records, reach out to eyewitnesses and expert witnesses, and more. All of this takes time and if it’s not done before the statute of limitations expires, victims are typically barred from receiving any compensation at all. For this reason, it’s important that all car accident victims speak to a car accident attorney that will ensure their claim is filed on time.
Hurt in a Crash? Call Our Wilkes-Barre Car Accident Lawyers
If you’ve been injured in a car accident, you should not try to file a claim on your own. At O’Donnell Law Offices, our Wilkes-Barre car accident attorneys can help determine if another driver was negligent and caused the crash, and gather the necessary evidence to prove it. We’ll also ensure your rights are upheld at all times and help you recover the full amount of compensation you need. Call us today at 570-821-5717 to schedule your free consultation with one of our attorneys.