Personal Injury Lawyer – Auto Accident
Pennsylvania laws for establishing liability in an auto accident are complicated. The law in Pennsylvania recognizes a person’s option to elect for lower automobile insurance rates by electing the Limited Tort alternative on an application for automobile insurance or Full Tort alternative on an application for automobile insurance.
A Limited Tort Claimant remains eligible to seek compensation for economic loss (e.g.wage loss) sustained in an automobile accident as the result of the fault of another person. However, in order for a Limited Tort claimant to be successful in a claim for personal injuries, a Limited Tort claimant must prove serious injury. Defined under the law as: a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement. It should be noted that there are a few exceptions to the Limited Tort thresholds.
An individual who elects the Full Tort alternative has no thresholds to cross in order to recover damages.
The law establishes a cause of action against a party or parties who is/are more negligent than the individual who is injured. Also, Pennsylvania law recognizes causes of action for uninsured motorists (negligent driver does not have insurance) and underinsured motorists (the limits of liability are not enough to make the injured person whole) where the injured party or parties has/have exercised their Uninsured/Underinsured Motorists (UM/UIM) option when applying for automobile insurance. The UM/UIM Benefits are only for recovery for personal injuries.
Further, under Pennsylvania law, automobile insurance companies usually provide a minimum of $5,000.00 in First-Party Benefits (sometimes referred to as PIP benefits). Most automobile insurance companies offer higher First-Party Benefits. The law of Pennsylvania allows an insurance company, under certain circumstances, to deny First Party Benefits to an injured party. Thereafter, the injured party has certain procedures to follow for and appeal of the insurance company decision and/or file suit.
Regardless of fault, in most instances medical expenses would be covered by an individual’s auto insurance policy. Additionally, where the injured party or parties has exercised their option in an application for automobile insurance for wage loss coverage and/or automobile damage (subject to a deductible) coverage, these types of damages would be covered by an individual’s auto insurance policy.
At The Law Offices of Creedon & Feliciani, our injury lawyers have decades of experience and employ experts to reconstruct an auto accident based on evidence revealed from thorough investigation of the accident scene, witness interview, inspection of damaged vehicles, police report and other information.
Our lawyers offer quality legal representation to individuals who have been injured in car accidents as a result of another’s negligence.
Our lawyers at The Law Offices of Creedon & Feliciani also have years of experience in providing skilled representation to insurance companies and defendants who are being sued in auto liability cases. Whether plaintiff or defendant, our firm puts our considerable experience and knowledge to work, striving to achieve favorable outcomes on behalf of our clients.
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Arrange a Consultation
Please call our law firm at (610) 239-9630 to arrange a free initial consultation with a personal injury lawyer to discuss your auto accident or auto liability concerns. Plaintiff injury cases are taken on a contingency fee basis, meaning if there is no recovery, there is no fee. Defense automobile liability cases are subject to a fee schedule offered at competitive rates.