How Much Can You Recover After a Car Accident in Pennsylvania?
Being involved in a car accident can be devastating. A car accident can have a significant impact on a person’s life physically, financially, and psychologically. For this reason, it is vital to make informed decisions, especially when it comes to asserting your legal rights. After a Pennsylvania car accident, ensuring you recover the appropriate compensation is crucial for your well-being and quality of life.
If you were involved in a Pennsylvania car accident, you may ask yourself, “How much compensation can I recover?” The compensation you can recover after a Pennsylvania car accident depends on several factors. This means it is impossible to state how much you can expect to recover for your accident claim.
Factors Affecting How Much You Can Recover After a Pennsylvania Car Accident
As stated already, the compensation you can recover for a car accident in Pennsylvania depends on several factors. If you were in a Pennsylvania car accident, it is crucial that you understand the factors that can impact how much you can recover. The following are some of the factors that can affect how much you can recover after a Pennsylvania car accident;
- Insurance Coverage
Insurance coverage is one of the major factors that can determine how much you can recover after a Pennsylvania car accident. Pennsylvania is a “choice no-fault” state. This means that motorists can either recover compensation from their insurance company (no-fault) or opt out of the no-fault system and seek compensation from another driver. In Pennsylvania, the no-fault system means you can be compensated by your insurance company regardless of fault. However, it only applies to injuries. The no-fault system covers medical expenses and income loss. It does not cover physical damage to vehicles. For property damage, you need separate collision and liability coverage.
There are times when the no-fault coverage is insufficient. In such a case, you may be able to seek compensation outside the no-fault system. If you have a tort policy, you can seek damages for all out-of-pocket medical and other expenses if another driver’s negligence caused your accident. However, if you are a limited tort policyholder, you may be unable to pursue compensation for non-economic damages unless an exception applies. For example, if the driver who caused the accident was under the influence of alcohol or drugs or you suffered a “serious injury,” you may be able to pursue non-economic damages. On the other hand, if you have full tort, you can recover all damages.
- Comparative Negligence
In Pennsylvania, the comparative negligence system operates under the principle that if you are partially at fault for your accident, your compensation should be reduced by your percentage of fault. This means that if you file a claim against another driver and are found to be, for example, 20% at fault for your accident, your compensation will be reduced by 20%.
- Severity of Injuries
Generally, the more severe the injuries, the higher the compensation since more severe injuries mean extensive treatment and may result in lasting or permanent disabilities. More severe injuries mean higher medical expenses, longer recovery periods, significant pain and suffering, and, at times, lost earning capacity.
- Legal Representation
Having a skilled legal representative can significantly increase your compensation. A skilled attorney can help you navigate the insurance claims process and negotiate with insurance companies. They can fight for you in court if necessary.
Contact Us for Legal Help
For help with your car accident claim, contact our Lehighton & Carbon County personal injury attorney at Adam R. Weaver, Esq.
