After a car accident in Pennsylvania, many are faced with the question of whether or not they should enlist the help of a car accident lawyer. The general consensus on when you should get an attorney after a car accident in Pennsylvania is:
- You have been seriously injured
- The accident involved a fatality or wrongful death
- The accident resulted in considerable property damage
- You feel that the insurance companies are not being honest or are giving you “the runaround”
- You are being blamed for an accident that was not your fault.
- Your claim has been unfairly denied
- You have questions about your rights and your Pennsylvania auto insurance policy
At Wilk Law Personal Injury & Car Accident Lawyers, we have always recommended after a car accident to schedule a free consultation with our attorneys or simply call us at (855) 946-3678. There is no cost to speak with a lawyer and get a general idea of whether hiring an attorney is necessary in your particular situation.
When Hiring a Pennsylvania Car Accident Lawyer is Crucial
You Suffered a Serious Injury
If you have limited tort coverage auto insurance, you can seek full economic and non-economic compensation for serious injuries. Under Pennsylvania law, the following injuries qualify as “serious”:
- Fatal injuries
- Catastrophic injuries that seriously impair a body function
- Permanent serious disfigurement
These vague descriptions require interpretation. Consequently, you may need a lawyer’s assistance to persuade a claims adjuster or judge that you suffered a serious injury and therefore have the right to seek damages for pain and suffering on top of your economic compensation.
The Other Driver Blames You for the Crash
A common defense in car accident cases is to shift the blame for the crash.
Under Pennsylvania law, you can still recover compensation for a car accident if you contributed to the mishap in some way. However, the other party will only pay compensation in proportion to their share of the blame. If you’re deemed 25% at fault for the crash, for instance, the other driver would only pay 75% of your losses.
One of your lawyer’s goals will be to reduce your share of the blame as much as possible to preserve your claim for compensation.
The Insurer Denies Your Liability Claim
Car accident cases typically start with an insurance claim. However, insurers can deny claims for many reasons, including the following:
- The at-fault driver’s policy had expired
- The at-fault driver wasn’t on the vehicle’s policy
- Your injuries are related to a pre-existing condition
- You exaggerated your injuries
The claims adjuster’s job is to protect the insurance company. As a result, these professionals can be overzealous in denying claims.
You have the right to appeal a denial. However, insurers often use this strategy to confuse and frustrate non-lawyers. An attorney can push back against a claim denial by presenting additional evidence or legal arguments.
You Lost a Loved One in a Car Accident
After a fatal accident, Pennsylvania gives the deceased individual’s estate the right to pursue a claim for wrongful death. Wrongful death claims are often more complicated than non-fatal personal injury claims.
The first issue you’ll face is determining the value of your losses. Without a concrete number, you won’t know how much to ask for in a settlement or court award.
The second issue will be proving liability. With so much at stake, the at-fault driver’s insurer will probably fight hard against your claim.
Experienced personal injury lawyers have experience handling wrongful death cases. Because of this, they know how to assess the value of a claim and advocate for a fair settlement or award.
Additional Factors To Consider
Pennsylvania has a complex auto insurance system that limits when car accident victims can sue the at-fault driver for compensation. Under this system, your right to pursue a liability claim against a negligent driver depends on your injuries and insurance coverage.
As a result, these factors can also tell you when to hire a car accident lawyer in Pennsylvania. If your accident falls outside of Pennsylvania’s no-fault system, consider consulting a lawyer to help you identify your options for pursuing fair compensation.
How Pennsylvania’s Auto Insurance System Works
All vehicle owners in Pennsylvania must buy an auto insurance policy with medical benefits and liability coverage.
When you get injured in a crash, your medical benefits coverage pays your medical costs and income losses up to your policy limits. Since most people only buy the minimum required coverage of $5,000, crash victims often exhaust their benefits in anything other than a minor accident.
When you buy auto insurance, you’ll be given a choice between full tort and limited tort coverage. Those with full tort coverage can always sue the at-fault driver for any injuries they cause, seeking compensation for medical costs, lost earnings, and pain and suffering.
Those with limited tort coverage can only sue the at-fault driver in the following two scenarios:
- They suffered a serious injury
- Their costs exceeded their medical benefits (without a serious injury)
The difference between these situations is that someone who sues for a serious injury can seek compensation for both their economic losses and pain and suffering. Those without serious injuries can only pursue compensation for unreimbursed economic losses not covered by their medical benefits.
Schedule a Consultation With Wilk Law Personal Injury & Car Accident Lawyers Today
Only you can decide whether and when to hire a car accident lawyer in Pennsylvania. At Wilk Law Personal Injury & Car Accident Lawyers, we offer free consultations to help you understand your rights and options and make an informed decision about your need for legal representation.
Contact us today to discuss your crash and how we can help you seek fair and adequate compensation.