If you have been injured in a crash involving a negligent driver, you may be owed compensation for the losses you have suffered. A Montgomery County car accident lawyer can answer your legal questions and help you make a well-informed decision regarding how to best move forward with your civil claim. Our experienced accident lawyers can provide you with guidance through the process, working toward getting you a positive outcome for your accident and injury case. Many car accident cases are able to be settled prior to a lawsuit being filed, but if the insurance company is not playing fair we have no problem with filing a lawsuit for recovery if your injuries were caused by the carelessness or recklessness of another driver.
How Long Does a Plaintiff Have to File a Car Wreck Claim?
One of the most important laws that plaintiffs should be aware of is the statute of limitations to file an injury lawsuit for compensation. Under 42 Pennsylvania Consolidated Statutes § 5524, the standard deadline to file a car accident claim is two years.
It is wise to consult with a Montgomery County car collision attorney as soon as possible, as delaying to file a claim could inhibit someone’s financial recovery. The two-year filing window typically goes into effect the date of the accident. However, if someone is killed due to their car accident injuries, the statute of limitations would not start until the date of the party’s death.
Common Damages in Vehicle Collisions
Depending on the force and angle of the impact, a car wreck can result in catastrophic injuries and losses. Injuries commonly sustained in serious collisions include broken bones, brain injuries, organ damage, loss of a limb, burns, scarring, and disfigurement. Whiplash, torn ligaments, ruptured discs, muscle strain, and soft tissue injuries are also common.
These car accident injuries may not only place a significant emotional and physical strain on an individual but could cause them considerable financial hardship as well. By filing a civil lawsuit, the injured party may be able to recover compensation for these losses. A lawyer in Montgomery County could help someone pursue recovery for their lost wages, medical bills, pain, suffering, disability, loss of consortium, future reduced earning ability, and other damages caused by the car crash.
Depending on the facts of the accident, the court might sometimes include punitive damages in the plaintiff’s injury award. Unlike the other forms of compensation named above, which are designed to compensate the plaintiff for the harm they have suffered, punitive damages are meant to punish the at-fault party and discourage others from similar misconduct.
Liability and Modified Comparative Fault Rules
Proving liability for an accident is essential when filing a claim for personal damages. If the plaintiff can prove that the other driver owed them a legal duty, defaulted on this duty, and consequently caused the accident that injured the plaintiff, the at-fault driver could be liable for the plaintiff’s damages.
In some cases, however, the court may determine that the plaintiff is partially liable for what happened. If the plaintiff is found responsible, this will impact their recoverable damages. Pennsylvania law permits the plaintiff financial recovery if they are no more than 50 percent at fault, but reduces the person’s damages accordingly, and eliminates recovery if the plaintiff is 51 percent or more at fault.
Speak with a Montgomery County Car Accident Attorney
Our team of Montgomery County car accident lawyers can provide the legal support and guidance you need to move forward after a devastating crash. We can work with you hand-in-hand to answer your questions, get you appropriate medical care and compensation for your injuries as a result of the accident. The accident and injury attorneys at our law firm can work tirelessly to safeguard your rights and work relentlessly to get you the compensation you deserve. To speak with a Montgomery County attorney, contact us today for an initial case consultation.