Philadelphia Accident Lawyers
Fox Law Philadelphia Accident Lawyers speak with many car, truck, motorcycle, and pedestrian accident victims. In an instant, accidents can change a life. Some of them have serious injuries and are unable to work. And yet, they still have a family to support and bills to pay. We want to help. After listening to the details of the accident, we ask questions, looking for the 3 critical elements needed for the success of your case.
Fox Law Philadelphia Accident Lawyers look for 3 Elements in a Successful Accident Case
1. Proving Fault
Fox Law Philadelphia Accident Lawyers must first be able to prove fault in your accident. Proving fault is critical to the successful outcome of every case. It requires detailed investigation of facts and evidence, investigative reports, and contributory factors. Early investigation is important to building a case on a solid foundation.
Can I recover for my car accident injuries if I am partially at fault for the car accident? Pennsylvania is a Comparative Negligence jurisdiction, which is plaintiff friendly. Comparative Negligence means that a plaintiff can be up to 50% responsible for an accident and still collect damages in a Pennsylvania personal injury claim.
2. Documenting Your Injury
Fox Law Philadelphia Accident Lawyers must document your injury. Insurance Companies strongly defend cases where the injury is not documented within a short period of time following the accident. It is very important that all of your injuries are documented with a visit to an emergency room or a doctor within a short time after an accident. And be sure to mention everything that is bothering you, big and small, at your initial visit to the doctor following an accident. A common mistake is to only mention what is bothering you the most and failing to mention other lesser injuries. Down the road, the lesser injuries may become more noticeable. The insurance company will take the position that the injury was not documented and therefore those injuries are not caused by the accident.
Can I make a personal injury claim if you do not treat immediately following a car accident? While not treating for a month is not the ideal situation, you can still present a claim if you are a credible witness and state that you did not treat because you assumed the injuries would resolve over time. In reality, there are many people who do not want to sue, and do not want to treat (it’s time consuming). It is only after the pain persists for so long that if finally breaks the person down, that they seek medical treatment. In this instance, the situation can be explained and worked with.
Can I make a claim for injuries pre-dating a car accident that have been exacerbated or aggravated as a result of the accident? If you have a prior injury, this does not prevent you from making a claim if that injury was aggravated or exacerbated as a result of the accident. It is important to give accurate medical history to the medical providers following an accident and to make sure that the medical provider understands the condition pre-dating the accident and following the accident. It is important that this distinction is well documented in the medical records.
3. Insurance Coverage
Fox Law Philadelphia Accident Lawyers must find insurance coverage for your accident. You may have a case where you have sustained serious injury with no liability on your part, however there is inadequate insurance coverage. We look to find all avenues of insurance coverage for our clients.
Pennsylvania Full Tort vs Limited Tort Insurance
Pennsylvania law attempts to limit the number of lawsuits filed over minor car accidents through limited tort and full tort coverage insurance options in Pennsylvania. If you elected the limited tort option, you may be precluded from seeking recovery for pain and suffering unless your injury rises to the level of serious impairment of bodily function. If you have suffered a severe injury such as broken bones; permanent injuries such as scarring or disfigurement, joint, muscle, neck, back, or knee injuries, burn injuries, or a significant head injury, we may be able to help, even if you elected Limited Tort.
Under Pennsylvania’s choice-no-fault system, drivers can choose between two insurance options: full tort or limited tort. With full tort, you can sue in court for all damages, including pain and suffering. With limited tort, you are able to recover all out-of-pocket medical and other expenses, but you cannot recover damages for pain and suffering. There is an exception to this rule. If the accident has resulted in “death, serious impairment of bodily function, or permanent serious disfigurement”, you may recover for pain and suffering, even with limited tort insurance. Another exception is if you are involved in an accident with an out-of-state vehicle. Many drivers are regretful for not purchasing full tort coverage, which costs only a few dollars more than limited tort. Limited tort prevents injury victims from suing for pain and suffering if they do not fall within the exceptions. Although limited tort does prove challenging in fully recovering for your injury, it is possible to receive substantial compensation within limited tort insurance.
Pennsylvania no-fault rules complicate the process of insurance claims. We will help you to receive the full compensation that you deserve, including additional compensation for damages such as pain and suffering, in cases of severe injury or death.
Philadelphia Accident Lawyers explain how Pennsylvania Car Insurance Laws Affect your Rights
Pennsylvania No-Fault Law
At the foundation of my Pennsylvania Car Insurance Advice is Pennsylvania Car Insurance laws. Pennsylvania is a no-fault state with a choice-no-fault program. Knowing your rights under the Pennsylvania No-Fault System will help you to be fairly compensated for your injury.
Pennsylvania Personal Injury Protection (PIP)
Under Pennsylvania’s no-fault system, a driver is compensated for injuries through his or her own insurance policy, regardless of who caused the accident. Pennsylvania medical benefits are covered by PIP Insurance. PIP covers the medical benefits for you and others included in your policy, regardless of fault. This is why my car insurance advice is to make sure you have proper car insurance coverage, because in Pennsylvania, regardless of who is at fault, it is YOUR car insurance that will determine your rights for compensation.
Pennsylvania Car Insurance Requirements
PIP Insurance is required by all Pennsylvania drivers. Pennsylvania drivers must carry PIP coverage, bodily injury liability coverage, and property damage liability coverage. A minimum of $5,000 of PIP coverage is required in Pennsylvania. Bodily injury liability pays for the medical and rehabilitation expenses of anyone injured in a car accident where you are at fault. The minimum limit is $15,000 per person/$30,000 per accident; the $15,000 pays for injuries to one person, while the $30,000 is the total available to all claimants for one accident. Property damage liability covers the cost of repairing or replacing property damages that you caused in an accident where you are at fault. The minimum limit is $5000 of coverage. Unfortunately, PIP insurance may not be enough to cover your property damage, pain and suffering, medical bills, and lost wages from auto accidents.
Pennsylvania Car Insurance: Mandatory Insurance is not Full Insurance Coverage
To be fully covered for a car accident in Pennsylvania, you need more than the mandatory Pennsylvania Car Insurance coverage required by law. In addition to the mandatory Pennsylvania Car Insurance, you need to choose the optional full tort, the optional Uninsured Motorist (UM) coverage, and the optional Underinsured Motorist (UIM) coverage.
Uninsured Motorists (UM) and Under-insured Motorists (UIM) Coverage
If the at-fault driver has limited insurance or no insurance, your UM or UIM insurance will cover the additional amount of damage caused by the negligent driver. Compensation through UM and UIM can be complicated and is best handled by an experienced Personal Injury attorney.
TOP 5 INSURANCE RECOMMENDATIONS from Fox Law Philadelphia Accident Lawyers
#1: When choosing your car insurance coverage be sure to check optional “Full Tort” coverage. You will not regret it. In my opinion, this is the most important Pennsylvania Car Insurance Advice you need to know.
#2: Choose the optional Uninsured and Under-insured Motorists Coverage.
#3: Choose the optional Income Loss Coverage.
#4: If you own more than one vehicle, Stack Your Coverage.
#5: Choose more than the minimum coverage required by law.
REQUIRED VS RECOMMENDED PENNSYLVANIA CAR INSURANCE COVERAGE
The following chart highlights minimum insurance requirements in Pennsylvania and our recommended coverage. This should not be considered legal advice as everyone is unique in their insurance needs. If you have any questions regarding your auto insurance coverage, contact your insurance agent.
|Pennsylvania Car Insurance Coverage Options|
|Options||Minimum Required||Minimum Recommended|
|Bodily Injury Liability||$15,000 per person|
$30,000 per occurrence
|$100,000 per person|
$300,000 per occurrence
|Medical Expense Benefit||$5,000||$10,000|
|Property Damage Liability||$5,000||$25,000|
|Income Loss||Not Required||$1,000 per month|
$5,000 in total coverage
|Uninsured Motorist||Not Required||$100,000 per person|
$300,000 per occurrence
|Underinsured Motorist||Not Required||$100,000 per person|
$300,000 per occurrence
|Stacking of Limits for Uninsured/Underinsured Motorists||Not Required||Choosing stacking is essential to maximizing your family’s protection:|
$100,000 x the number of vehicles in the household
|Funeral Benefit||Not Required||$1,500|
Fox Law Philadelphia Accident Lawyers welcome you to contact us for a prompt and free consultation regarding your case.
No case is too big or too small for an evaluation. Fox Law welcomes the opportunity to represent you. In your consultation, your case will be discussed and the facts will be reviewed and evaluated. If Fox Law accepts your case, it will be handled on a contingency basis, which means you pay nothing. We carry all of the costs and assume all of the risks when we accept your case.
FOX LAW is conveniently located at Two Logan Square in Center City Philadelphia. In addition to Philadelphia County, we serve Bucks County, Chester County, Delaware County, Montgomery County, Allentown, and Reading Pennsylvania. For your convenience, John Fox makes house calls, when necessary.