Car Accident Lawyers in Wilkes Barre Pennsylvania
Car Accident Lawyers in Wilkes Barre Pennsylvania
Auto Accident Injuries in PA
Automobile accidents can have a profound effect on a person’s life. In fact, thousands of Americans are injured in car accidents annually. Unfortunately, auto accidents often cause life altering physical injuries and emotional trauma. Consequently, car crashes that result in serious injuries frequently cause financial hardship due to lost wages, medical bills, vehicle damage, and other economic loss. Even an accident that a person believes to be minor could have lasting effects that do not manifest until later.
If you or a loved one have been injured in a car accident near Wilkes-Barre, Pennsylvania, Lampman Law may be able to help. We can help you preserve your rights and fight for a fair recovery.
How We Accept Car Crash Injury Cases: No Recovery, No Fee.
Lampman Law accepts auto accident injury cases on a signed contingency fee agreement. This means that we do not seek payment, or any fee, unless you receive compensation. Therefore, at no cost to you we will investigate your case and fight to recover the damages you have suffered such as pain and suffering, medical bills, and lost wages.
Free & Friendly Case Evaluations
Call us now at 570-371-3737 to speak with us and to schedule a free and friendly consultation in our office located on Public Square in Wilkes-Barre, PA so that we can evaluate your case. Lampman Law is here to help you and ready to fight for the justice you deserve.
Pennsylvania Motor Vehicle Negligence
Negligence is a broad term that covers many types of personal injuries including vehicle accidents. In order to prevail on a negligence claim, a person must prove the following: (1) the defendant owed a duty of care to the plaintiff/victim; (2) the duty of care was breached; (3) the breach of the duty of care resulted in the plaintiff/victim’s injuries; and (4) plaintiff/victim suffered actual damages or loss (i.e. injuries).
The Pennsylvania Supreme Court has held that a driver of an automobile owes a duty of care to all motorists and pedestrians in his/her immediate zone of danger. A duty of care means that a person has a duty to take care in what they are doing. In the automobile situation, a motorist has a duty to carefully operate his/her vehicle safely. If a person does not carefully operate his/her vehicle and that carelessness results in an accident, they have breached his/her duty of care. In this situation, the victim of the accident would be able to sue for his/her injuries.
Causes of Car Accidents
An individual would breach a duty of care if an accident occurs while the driver was under the influence of alcohol or drugs (DUI), using a cell phone, driving too fast, committed traffic infractions, or otherwise was not driving in an appropriate manner.
If you are the victim of a drunk or drugged driver, a distracted driver, or a reckless driver, you might be able to recover for your injuries.
Automobile Insurance & Injury Recovery
The type of car insurance that you have could have a dramatic impact on your ability to recover damages from a car accident. In Pennsylvania, drivers must choose between full tort coverage or limited tort coverage when they purchase auto insurance.
When purchasing insurance, limited tort coverage results in a cheaper premium every month. As explained below, the amount you save every month on limited tort coverage likely would not equal an award of damages for pain and suffering.
At Lampman Law, we find that many people we speak with don’t know whether they have full tort coverage or limited tort coverage. We suggest that you discuss what coverage you have with your insurance agent or review the terms of your policy to make sure you have the coverage you want.
Limited Tort Coverage
If you choose limited tort coverage, you will be prevented from suing for your pain and suffering damages as a result of a car accident. You will still be able to recover your out of pocket medical bills, wage loss, automobile repair costs, and other actual monetary loss.
However, pain and suffering damages or any other similar damages cannot be collected. However, if a person suffers a “serious” injury, they may still be able to pursue a claim for pain and suffering even if they have limited tort insurance. Serious injuries are not defined clearly by the current caselaw though. So, unless an individual suffers life threatening injuries, it is difficult to determine if the injury is “serious.”
Full Tort Coverage
An individual that chooses full tort coverage would be able to sue for pain and suffering damages regardless of the severity of his/her injuries. This allows an individual to avoid demonstrating a serious injury.
PA Statute of Limitations for Auto Accident Cases
You have two (2) years from the date of the accident to file a lawsuit to recover damages. If you do not file a lawsuit within two (2) years from the date of the accident, you may be prevented from pursuing any claims. You should contact a lawyer as soon as you are able after a car crash to preserve your rights.