One of the most important legal rights Americans have is the right to be compensated if they’ve been injured by another. If someone is hit by a drunk driver, for example, that driver could be prosecuted criminally. This doesn’t help an injured person needing compensation for medical bills or pain and suffering. Accident victims are entitled to seek assistance from Personal Injury Attorneys in Luzerne County PA.
Don’t Wait Too Long
In Pennsylvania, an accident victim must file a lawsuit within two years of the date of the injury. The court will probably refuse to hear a case filed after this time limit has passed.
There is one exception to the two-year rule. If someone has a claim against a city, county, or state government, a notice of intent to sue must be filed within six months.
Shared Fault Rules
If you are partially at fault for the accident, the amount of compensation you receive will be reduced. Pennsylvania follows the modified comparative negligence rule.
* If the court finds you were 20% responsible for the accident, compensation for your injuries would be reduced by 20%.
* If you were held to be more than 50% at blame, you won’t be able to collect anything at all.
Here’s how this could work. Suppose you were driving 12 miles over the speed limit when you were hit by a distracted driver. Both you and the other driver were held to share responsibility for the accident. If you were considered 25% responsible and were awarded $100,00 for your injuries, you would only receive $75,000, or $100,000 minus 25%.
Be prepared for the insurance company to do all they can to convince the court you were at least 50% at fault for the accident. If they succeed, they’re completely off the hook. You would receive nothing.
Pennsylvania Does Not Cap Injury Damages
In Pennsylvania, there are no limits on the damages someone can receive for their injuries with one exception. If punitive damages are awarded, which seldom happens, those damages cannot exceed two times the actual damages.
When you’ve been injured because of another’s negligence or actions, you deserve fair compensation. At The Law Office of Robert D. Elias, these experienced Personal Injury Attorneys in Luzerne County PA will fight aggressively to protect your rights. They have won millions for their clients. Call to request a free consultation.
You can also follow them on Twitter.