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Seeking civil restitution after an auto accident anywhere in Pennsylvania could be a complex endeavor because of the unique rules set by state law for injury claims arising specifically from car wrecks. Even if you have strong grounds to file suit, ensuring your case provides comprehensive proof of fault and accurately evaluates all your damages could be challenging to manage on your own.
Fortunately, you have help from a seasoned Point Breeze car accident lawyer with experience handling claims like yours. No matter how your crash happened or what specific losses you want to recover for, a capable personal injury attorney’s guidance could make a difference in your prospects of securing a favorable case result.
How Do Limited Tort Car Crash Claims Work?
Most states take either a fault or no-fault approach to vehicle wreck litigation, which means state laws either allow all people injured in collisions to file suit immediately or seek restitution through their car insurance first. Pennsylvania has a unique blend of these systems, under which the primary factor determining a crash victim’s rights is whether they have limited tort or full tort insurance coverage.
Any insured driver in the Commonwealth who gets into a collision could seek restitution for medical expenses up to their policy limits without needing to prove anyone at fault for the wreck. They could then file a claim for uncovered out-of-pocket losses against an at-fault driver’s insurance policy or against that driver directly. However, if an injured person has limited tort car insurance coverage, they could generally only seek restitution for non-economic pain and suffering damages if they sustain a severe injury because of an at-fault driver’s misconduct.
Conversely, drivers with full tort coverage have no limitations on when they could file suit or on what types of losses they could demand payment for after a crash. A knowledgeable attorney in Point Breeze could review these rules and how they might affect a particular vehicle collision claim during a private consultation.
Establishing Fault for a Point Breeze Auto Wreck
If it becomes necessary to hold someone else accountable for car crash losses, the legal theory at the center of an ensuing civil claim will almost always be negligence. Put simply, a person is negligent in car wreck litigation if they directly cause a crash by violating a traffic law, not paying attention, or doing anything else careless or reckless behind the wheel.
Importantly, though, injured people filing suit over incidents like this could be found partially liable for their damages if their negligent actions contributed to causing a wreck—for instance, they, too, were breaking a traffic law when an incident occurred. As a skilled lawyer could explain, someone assigned a share of comparative fault for a car crash in Point Breeze may have their final damage award proportionately reduced in value or even be barred from compensation.
Get in Touch with a Point Breeze Car Accident Attorney Today
For various reasons, enforcing your legal right to demand financial recovery after a car accident could be challenging. Assistance from someone with years of experience helping people through situations like this could be crucial to ensuring your wreck has a minimal impact on your life.