How to Prove Loss of Earnings in Personal Injury Cases
You didn’t ask for a car accident. You didn’t seek painful injuries, difficulty working, and mounting medical bills. You didn’t want your car to be stuck in the shop incurring expensive repairs. You don’t deserve these things.
The Pennsylvania Department of Transportation reported 104,475 traffic crashes in the commonwealth in 2020. Passenger vehicles were involved in more car crashes than any other type of vehicle, and over 60,000 people were injured in these accidents, 1,129 of them fatally.
If you have been injured in a car accident on Pennsylvania roads, you may be entitled to compensation for vehicle damage, medical bills, lost wages, pain and suffering and other losses. Contact an experienced Pennsylvania car accident lawyer, like the team at Solnick Lawyers, to find out how the law protects you.
Car crashes can be caused by a number of factors, many of which are rooted in the age-old problem of drivers who do not take reasonable care when they get behind the wheel of their car:
Over 25,000 motor vehicle accidents in Pennsylvania in 2020 were caused by speeding, including 415 fatalities. Speeding can increase both the risk of having a car accident and the severity of injuries and property damage when a crash does happen.
Drunk driving, or driving while under the influence of drugs, is a major issue nationally, and a leading cause of car crashes and deaths on our roads. When alcohol is involved in a road accident, it is statistically more likely that someone will die as a result of the accident, both passengers and the drunk drivers themselves.
Approximately 85-90% of road accidents are caused by driver error, which includes speeding and alcohol-related crashes. Distracted driving is also a huge factor in car crashes, such as texting while driving.
Adverse weather conditions, like snow, ice, fog, or heavy rain can make driving conditions more difficult and more dangerous. Drivers are expected to take extra care when driving in difficult conditions and may be held accountable if they do not.
Some car accidents are the result of defective or poorly maintained vehicles, particularly problems with the tires and the brakes. A vehicle owner may be held responsible if they cause an accident because their vehicle is not roadworthy.
Understanding who is responsible for a car accident is important to determine who, and whose insurance policy, may be responsible for the injuries and damage caused. In some accidents, more than one person may be at fault, which can make car accident claims even more complicated. It is important to understand your rights and ensure that you do not unintentionally accept blame, or negatively affect your right to compensation. An experienced car accident attorney can help.
Injuries in a car accident can range from minor bruising to severe injuries and death. Some common injuries are:
You may be entitled to compensation for pain and suffering, lost wages, and medical expenses as a result of injuries you suffer in a car accident.
If you are involved in a car accident, remember these five things:
The compensation in a car accident case will depend on the severity of the injuries and damage, and the circumstances of the victim and the accident. The type and amount of insurance coverage available may also impact on the compensation available to you. While compensation is different in every case depending on a variety of factors, it can include:
This is the physical pain or discomfort and emotional trauma that a car accident victim suffers, both past and future. It does not include medical expenses, which are compensated separately.
An accident victim is entitled to compensation for their lost income, past and future, as a result of a car crash. This can include the time when a victim misses work immediately after the accident, or when they are unable to return to the same job, or the same level of work, because of their injuries.
Hospital and physician bills, prescription drug expenses, therapy bills, and other medical bills are all compensable after a car accident.
When your vehicle, or other personal property, is damaged in a car accident, you can claim compensation for this loss.
State laws regarding insurance coverage requirements will affect how, and how much, you are compensated after a car accident. Pennsylvania auto insurance laws are more complicated than many other states because there are a variety of both required and optional coverages.
A no-fault insurance system requires victims of car accidents to look to their own insurance coverage for compensation regardless of who is at fault in the accident. In Pennsylvania, while insured drivers can opt to purchase additional types and amounts of coverages, every Pennsylvania motor vehicle insurance policy includes mandatory medical benefits that are paid on behalf of injured victims regardless of fault.
Limited tort insurance limits the ability of a victim to bring a claim or sue for compensation after a car accident. In general, under limited tort coverage, a victim can sue an at-fault driver for economic damages, such as medical expenses and lost wages, but the right to sue for noneconomic damages (also known as pain and suffering) is limited to certain situations and circumstances. There are exceptions to this which you should discuss with a Pennsylvania car accident attorney.
Full tort insurance is more expensive and allows a victim to bring a claim or sue for compensation for economic damages (medical expenses, lost wages, home and vehicle modifications) and noneconomic damages (pain and suffering) after a car accident. While full tort coverage is somewhat more expensive than limited tort, the difference in the compensation to which you may be entitled could be tens of thousands of dollars.
All Pennsylvania drivers are required by law to carry Personal Injury Protection (PIP) coverage of at least $5,000. PIP benefits are applied to accident-related medical bills for you and your passengers after a vehicle accident, regardless of who is at fault. You can also elect optional no-fault wage loss benefits when you purchase your motor vehicle policy.
The type of auto insurance you purchase is crucial to whether or not you can bring a claim for compensation after an auto accident, and how much compensation you can be awarded. For example, with limited tort coverage, in many cases, you will not be able to bring a claim against an at-fault driver for pain and suffering which can be a substantial part of a car accident claim. Likewise, if you do not have uninsured or underinsured motorist coverage on your insurance policy, your right to fair compensation will be compromised if the at-fault driver does not have insurance, or if they have minimal insurance coverage.
Under Pennsylvania law, you have two years from the date of a car accident to file a personal injury lawsuit, but you should begin the claims process immediately after an accident so that all necessary steps can be taken to ensure that you obtain fair compensation. There are exceptions to this deadline so you should always discuss your unique situation with an experienced car accident lawyer.
We have negotiated many insurance settlements and brought legal claims for our car accident clients. Although every car accident case is different, and it is not possible to guarantee a timeline, some of our insurance settlements are complete within less than one year, while other cases, especially those that go forward to trial, can take several years.
Working with an experienced Pennsylvania car accident attorney, like Solnick Lawyers, can change the course of your car accident claim and impact the amount of compensation that you receive. An attorney will advise you on your legal rights, handle the administrative burdens and communications, negotiate with insurance companies and at-fault parties on your behalf, and represent you during litigation and at trial, if necessary. At Solnick Lawyers, we have the skills, experience, and contacts with expert witnesses to properly investigate and value your claim so that you receive the compensation you deserve after a car accident.
Solnick Lawyers has been representing car accident victims in the Greater Philadelphia area, and throughout Pennsylvania and New Jersey, for more than 20 years. We are not intimidated by the tactics of aggressive corporations, insurance companies, or government agencies. We face them day after day in negotiations and courtrooms to secure justice for our clients, and we will do the same for you. We are on your side. Contact us today to get started.
There is no mathematical formula to determine the value of your personal injury claim. The value of your claim depends on a number of factors, including the circumstances surrounding the accident, the severity of your injuries, and the nature and extent of your medical treatment.
Have you been unable to work at your full capacity due to your injuries? Did you suffer any permanent injuries or scars? Have you incurred medical bills or other expenses? Depending on the answers to these questions, settlements and verdicts can range from under five thousand dollars up to millions of dollars.
Two things to keep in mind when questioning the value of your claim:
“Statute of limitations” means the length of time that you have to file a personal injury lawsuit after a car accident. In Pennsylvania, personal injury actions (including car accident cases) against an at-fault person or company must be filed within two years from the date of the accident.
There are special rules for unemancipated minors (persons under the age of 18 who are not completely supporting themselves) in Pennsylvania. These minors have until two years after their 18th birthday to file a lawsuit for an auto accident. If the minor is emancipated — fully self-supporting — then he or she is subject to the same two-year statute of limitations as adults.
Finally, if an auto accident case involves a claim against a government entity, including the Commonwealth of Pennsylvania, or any city or county, then the victim must follow different rules. Before a lawsuit can be filed, a victim must file a written notice of their claim with the government agency within six months from the date of accident. The legal action must then be filed within two years of the auto accident.
It is important to have an experienced attorney on your side as soon as possible after an accident, to properly develop evidence, provide guidance, and to help you avoid taking steps that might negatively impact your claim. In addition, many cases can be settled without filing a lawsuit depending on the circumstances.
The most common causes of car accidents in Pennsylvania are:
Detailed and up-to-date statistics about crashes on Pennsylvania roads are available from PennDOT.
Driving distractions are very commonplace today, especially among younger and inexperienced drivers. Common distractions include:
Common injuries that occur in a car accident are:
If you have been in a car accident, here are a few things to keep in mind:
If an auto accident was caused by the negligent or reckless driving of another driver, an injured victim may be eligible for compensatory damages, which include:
Non-compensatory damages in a car accident, also known as punitive damages, may be awarded to deter other persons from the behavior of the at-fault party, particularly when they have engaged in particularly reckless actions, such as driving while intoxicated.
Yes. In Pennsylvania, courts follow the rule of comparative negligence. A victim of an auto accident can still recover damages from another person or company involved in the accident, as long as your fault is determined to be no more than 50% of the cause of the accident.
When a personal injury lawsuit goes to trial, the jury must assign fault by percentage among the parties. For example, in a car accident case where an injured person is found to have sustained $100,000 in damages, the jury may decide that the injured person was 45% at fault while the other party was 55% at fault. In such a circumstance, compensation would be reduced by the injured person’s percentage of fault, with the recovery reduced to $55,000.
Comparative negligence can be a complex rule, particularly when there are multiple parties involved in a lawsuit. A skilled personal injury attorney can help you determine if you may be able to recover for your injuries despite some personal responsibility and can help prove that the fault of other parties was greater than 50%.
There are 3 ways to get a rental car after a Pennsylvania auto accident:
Never — at least not without consulting an experienced Pennsylvania car accident attorney. Insurance companies are for-profit businesses, and their mission is to minimize their payouts at the expense of injured victims. They will try to settle cases for as little as possible. If you accept a check from the other driver, or a settlement offer from his or her insurance company without talking to a lawyer, you will likely be giving up your legal rights and the ability to obtain the full compensation that you deserve.
It may be tempting to accept a check so that you can move forward with your life and avoid dealing with a complicated legal process. Yet this check is just the first offer. A knowledgeable car accident attorney can negotiate or litigate on your behalf to obtain maximum compensation for your damages and losses.
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