How Long After an Accident Can You Sue for Personal Injury in PA?
If you’ve suffered harm due to another’s negligence, you may want to consider filing a personal injury claim. In Pennsylvania, as in the rest of the United States, these cases encompass a wide range of incidents, from automobile accidents, slip and falls, to more complex cases like medical malpractice. The principle underlying concept is that individuals who suffer physical, emotional, or financial harm due to another’s failure to exercise reasonable care should be made whole again.
Personal injury lawsuits extend beyond the immediate financial relief they provide to the injured. Not only do they hold the responsible party accountable, but they also encourage others to adopt safer practices. By compensating victims for their pain and suffering, among other boardable expenses, these lawsuits can help alleviate the burdens faced by those impacted and support their journey toward recovery.
The Statute of Limitations in Pennsylvania
The statute of limitations plays an extremely important role in personal injury cases. It’s basically a fundamental principle that sets a deadline for filing a lawsuit within the civil court system. It dictates a window of time in which an injured party can take legal action against the parties responsible.
The purpose of it is twofold:
- It helps ensure that legal disputes are resolved while evidence is still fresh and memories of the event remain clear.
- It also helps provide a sense of security for potential defendants, protecting them from the indefinite threat of litigation.
In Pennsylvania, the statute of limitations for most cases is firmly set at two years from the date of the accident. This means that individuals who have suffered harm due to another’s negligence have two years from the day the injury occurred to file a lawsuit in the state’s courts. If you have questions about your case, reach out to a personal injury lawyer in Allentown, Pennsylvania.
What Happens If You Don’t File a Personal Injury Lawsuit in Time?
If you fail to file within this timeframe, you could lose the right to seek judicial remedy for damages. Pennsylvania courts are likely to dismiss cases brought after the statute of limitations has expired. It’s vital that plaintiffs be aware of this timeline, as it can influence the strategy and urgency of pursuing a claim.
Taking timely action and consulting with a knowledgeable attorney like the ones at Cohen, Feeley, Altemose & Rambo is paramount for those seeking compensation for their injuries.
Are There Any Exceptions to the Statute of Limitations?
There are some exceptions to the statute of limitations in Pennsylvania. These can alter the standard two-year period under specific circumstances.
Some exceptions to Pennsylvania’s statute of limitations include:
Exception for Minors
If anyone under the age of 18 is involved, Pennsylvania law offers a protective exception to the standard statute. For personal injury claims involving minors, the two-year countdown does not begin until the minor reaches the age of 18.
That means a minor has until their 20th birthday to initiate a lawsuit. This extension acknowledges the vulnerability of minors. It helps give them a fair opportunity to seek compensation for injuries that occurred during childhood without the pressure of a deadline before they reach legal adulthood.
The Discovery Rule
Another exception is the “discovery rule.” This exception applies when the injured party is unaware of their injury or that it was caused by another’s negligence at the time it occurred.
Under the discovery rule, the statute of limitations may not start until the injury is discovered or reasonably should have been discovered. This is particularly relevant in cases of medical malpractice, where the effects of a negligent act may not become apparent until much later on down the line.
The discovery rule helps individuals have a fair chance to seek justice even when the harm caused by negligence emerges over time. Proving medical malpractice can be complex; connect with a Bethlehem personal injury lawyer for more information.
What Are the Risks of Delaying Filing a Lawsuit?
Delaying the initiation of a lawsuit after a personal injury can carry a lot of risks. The most critical is the possibility of being entirely barred from recovering compensation. As such, it’s smart to start the process as soon as possible.
Additionally, delays can weaken your case even if you file within the statutory period. Witnesses’ memories may fade, crucial evidence might be lost or destroyed, and documentation of injuries and their impact can become harder to compile and present convincingly. These factors can significantly compromise your ability to establish the other party’s negligence and the extent of damages, potentially reducing the compensation you might otherwise receive.
Prompt action also helps your attorney begin negotiations with insurance companies early in the process, potentially leading to a quicker resolution of your claim. You want insurers to know you’re taking your case seriously and they should too.
Initiating the legal process promptly after an accident helps demonstrate your commitment to seeking justice. Hopefully, that might deter the at-fault party and their insurance provider from attempting to undervalue or dismiss a claim.
Impact of the Statute on Your Case
Filing a claim within the prescribed time frame is a prerequisite for the case to be considered by the court. Failure to do so typically results in the dismissal of the case, regardless of its merits. Rejections like this could deny injured parties recourse for compensation through the legal system.
Understanding the specific limitations applicable to your case influences several decisions, including the timing of negotiations with insurance companies and the decision to escalate the matter to court if a fair settlement cannot be reached through negotiation.
In some instances, knowing the deadline can also provide leverage in settlement discussions. With luck, the opposing party may be more inclined to offer a fair settlement to avoid litigation, especially as the deadline approaches.
Steps To Take Following a Pennsylvania Car Accident
The actions you take immediately after an accident can impact the strength of your future claim. While every accident is different, this focuses on car accidents. Each car accident may require different steps as well, so proceed post-crash with caution.
1. Be Safe
First and foremost, get to safety. After an accident, get out of the way of traffic and call emergency services if needed.
2. Document the Scene and Collect Evidence
Secondly, document the scene of the accident with photos or videos if possible, including visible injuries and damages, as well as the surrounding area. Gathering the contact information of witnesses and a copy of the police report, if applicable, is also helpful. Asking bystanders for video or audio proof can help solidify fault as well.
Speaking of evidence, in the case of car accidents in Pennsylvania, you can request a copy of your crash report after the accident for a small fee. Accidents that must be reported to the Pennsylvania Department of Transportation include those involving severe injuries, deaths, and extensive vehicle damage. The driver’s accident report must be submitted within five days.
3. Be Wary of Admitting Guilt
Refrain from making statements that could be construed as an admission of fault, both at the scene and to insurance adjusters. When possible, stay quiet and keep your focus on collecting factual information without attributing blame or downplaying your experience.
4. Get Medical Attention
Prioritize your health by seeking medical attention, even if your injuries seem minor initially. Not only could this make sure you aren’t seriously injured, but medical records can serve as crucial evidence in documenting the extent of your injuries.
5. Seek Legal Representation
Lastly, initiating a consultation with a knowledgeable personal injury attorney like the team at Cohen, Feeley, Altemose & Rambo could provide you with a clear understanding of your rights and the next steps to take.
Car Crash Claims: What To Know
Car crash victims in Pennsylvania face a unique set of considerations when it comes to claiming damages due to the state’s distinctive approach to car insurance and personal injury compensation.
Pennsylvania is a No-Fault State for Car Insurance
No-fault insurance coverage, which allows victims to receive financial support for their medical expenses and lost wages from their own insurance carrier, oftentimes seems counterintuitive to claimants. Why should your own insurance pay for your medical expenses, for instance, when the accident was the fault of the other driver? Despite this notion, no-fault insurance is actually incredibly beneficial to victims. This system is designed to streamline the compensation process, allowing victims to receive financial support for medical expenses and lost wages without the need to establish liability. Personal injury litigation can be costly and time-consuming. There are cases that go on for three years or more. If a victim had to wait and risk the financial burden of such a process before having their medical bills covered, very few victims would be able to receive medical treatment.
No-fault insurance ensures speedy benefits for all involved parties. Don’t worry; your insurance carrier will typically subrogate against the defense insurance carrier or the at-fault party themselves to get their money back.
Personal injury attorneys help victims understand their rights under Pennsylvania law and the specific provisions of their insurance coverage. Legal advice is especially critical in cases involving severe injuries or when navigating the decision to file a lawsuit against a negligent driver.
Full Tort versus Limited Tort
One of the most important choices to make on your automobile insurance policy is to choose full tort or limited tort. Insurance agents may not fully explain it or explain it accurately to you.
If you elect full tort, you are opting to pay a higher premium in exchange for maintaining the right to pursue pain and suffering damages in your case. Pain and suffering damages are the intangible, subjective elements of your injuries, such as waking up with a headache, being unable to hold your child, or being unable to engage in life’s pleasures as you did before the accident.
If you elect limited tort, you are opting to pay a lower premium, but you will give up your right to recover pain and suffering damages. While there are some per-accident exceptions to limited tort — such as if you are a pedestrian, or if the at-fault driver is convicted of DUI — it is much safer to elect full tort so that you know you are fully covered in the event of an accident.
Personal Injury Law Experts
Personal injury attorneys can review your automobile insurance policy and help you identify areas that you might want to change. They can also advise you of your risk. Reviewing your insurance policy, understanding the nuances of Pennsylvania law, and consulting with a professional can make a significant difference in your ability to secure fair compensation and offer peace of mind.
Theodore Schick of Cohen, Feeley, Altemose & Rambo remarks on the importance of trusting your attorney: “When it comes to consulting an attorney after an accident, it’s not just about winning a case; it’s also about the relief of knowing what your options are.”
Talk With a Personal Injury Attorney Today
Legal advice on automobile insurance coverage can be straightforward but pivotal. At Cohen, Feeley, Altemose & Rambo, we understand the impact a personal injury can have on your life.
Our experienced attorneys are dedicated to guiding you through every step of the legal process. We can help make sure your case is filed within the correct time frame and fight for you to see a successful outcome.
If you’re navigating the aftermath of an accident, remember that time is of the essence. Contact us today for a free consultation to discuss your case and explore your legal options. Let our expertise and commitment to justice work for you, helping to make you whole again.
Sources:
statute of limitations | LII / Legal Information Institute