Accidents can turn your life upside down in an instant. In Pennsylvania, injury victims often struggle with mounting medical bills, time off work, and unanswered questions about their rights. Whether you were injured in a traffic crash, a fall, or another serious incident, this FAQ page offers helpful information for victims and families across the state.
What is the difference between full tort and limited tort in Pennsylvania?
Pennsylvania drivers choose between full tort and limited tort coverage when buying car insurance. Full tort allows you to sue for pain and suffering after a crash, regardless of how serious your injury is. Limited tort may save you money on premiums, but it restricts your ability to recover non-economic damages unless your injuries are deemed serious under state law.
How soon should I contact an attorney after an accident?
It’s best to speak with a personal injury attorney as soon as possible, ideally within days of the accident. Quick legal advice helps protect your rights, especially when dealing with insurance adjusters. Early involvement also allows your lawyer to preserve evidence, locate witnesses, and build a stronger case.
What kinds of injuries qualify for compensation?
Almost any injury caused by someone else’s negligence may qualify, including whiplash, broken bones, traumatic brain injuries, burns, or soft tissue damage. Compensation may also apply to psychological injuries like anxiety or PTSD. Even if your injury seems minor, it’s worth getting it checked by a doctor and reviewing your options.
Can I sue the city or a public agency for my injuries?
Yes, but there are strict deadlines and procedures. Claims against government agencies in Pennsylvania must follow the Sovereign Immunity and Political Subdivision Tort Claims Acts. You generally need to file a written notice of intent to sue within six months of the incident.
What are economic vs. non-economic damages?
Economic damages refer to measurable financial losses like medical bills, lost income, and out-of-pocket expenses. Non-economic damages cover pain and suffering, emotional distress, and reduced quality of life. Both may be included in your claim depending on your circumstances.
Do I need a police report to file a claim?
While it’s not legally required in every case, a police report can significantly strengthen your personal injury claim. It serves as an official record of the accident and includes details like the date, location, and parties involved. You can request one from the local police department or the Pennsylvania State Police, depending on who responded.
What happens if I’m partially at fault for the accident?
Pennsylvania follows a modified comparative negligence rule. If you’re found to be less than 51 percent at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault. If you’re more than 50 percent at fault, you cannot recover compensation.
How do I document my injuries after an accident?
Start by getting medical treatment immediately and following all care instructions. Take photos of your injuries over time and keep a journal detailing your symptoms, pain levels, and emotional state. Save all receipts, test results, prescriptions, and doctor’s notes.
Can I get compensation if I was injured as a passenger?
Yes, passengers who are injured in car accidents may file claims against the driver of the vehicle they were in or the driver of another vehicle involved. Insurance policies should cover your damages, depending on who was at fault. It’s important to get a copy of the police report and seek legal advice to determine liability.
Are there any limits on the amount I can recover?
In most personal injury cases in Pennsylvania, there are no caps on damages. However, claims against government entities do have limits. Your total recovery also depends on factors like the severity of your injury, insurance policy limits, and the strength of your evidence.
What should I do if the insurance company denies my claim?
Insurance companies may deny claims for a variety of reasons, including disputes over fault or the extent of your injuries. If this happens, don’t give up. You can appeal the decision or file a lawsuit with the help of a qualified attorney.
How can I get a copy of my accident report?
You can request a report from the Pennsylvania State Police by submitting Form SP 7-0015 through https://www.psp.pa.gov. If a local police department responded, contact them directly for instructions. Reports usually require a small fee and may take several days to process.