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3 Elements to a Successful Case

What To Do After A Car Accident

3 CRITICAL ELEMENTS TO THE SUCCESS OF YOUR CASE

1.  PROVING FAULT IN YOUR CAR ACCIDENT

Proving fault is critical to the successful outcome of every case.  It requires detailed investigation of facts and evidence, investigative reports, and contributory factors.  Early investigation is important to building a case on a solid foundation.

Can I recover for my car accident injuries if I am partially at fault for the car accident?  Pennsylvania is a Comparative Negligence jurisdiction, which is plaintiff friendly.  Comparative Negligence means that a plaintiff can be up to 50% responsible for an accident and still collect damages in a Pennsylvania personal injury claim.

2.  DOCUMENTING YOUR CAR ACCIDENT INJURY

Insurance Companies strongly defend cases where the injury is not documented within a short period of time following the accident.  It is very important that all of your injuries are documented with a visit to an emergency room or a doctor within a short time after an accident.  And be sure to mention everything that is bothering you, big and small, at your initial visit to the doctor following an accident.  A common mistake is to only mention what is bothering you the most and failing to mention other lesser injuries.  Down the road, the lesser injuries may become more noticeable.  The insurance company will take the position that the injury was not documented and therefore those injuries are not caused by the accident.

Can I make a personal injury claim if you do not treat immediately following a car accident?  While not treating for a month is not the ideal situation, you can still present a claim if you are a credible witness and state that you did not treat because you assumed the injuries would resolve over time.  In reality, there are many people who do not want to sue, and do not want to treat (it’s time consuming).  It is only after the pain persists for so long that if finally breaks the person down, that they seek medical treatment.  In this instance, the situation can be explained and worked with.

Can I make a claim for injuries pre-dating a car accident that have been exacerbated or aggravated as a result of the accident?   If you have a prior injury, this does not prevent you from making a claim if that injury was aggravated or exacerbated as a result of the accident.  It is important to give accurate medical history to the medical providers following an accident and to make sure that the medical provider understands the condition pre-dating the accident and following the accident.  It is important that this distinction is well documented in the medical records.

3.  YOUR CAR ACCIDENT INSURANCE COVERAGE

Pennsylvania law attempts to limit the number of lawsuits filed over minor car accidents through limited tort and full tort coverage insurance options in Pennsylvania.  If you elected the limited tort option, you may be precluded from seeking recovery for pain and suffering unless your injury rises to the level of serious impairment of bodily function. If you have suffered a severe injury such as broken bones; permanent injuries such as scarring or disfigurement, joint, muscle, neck, back, or knee injuries, burn injuries, or a significant head injury, we may be able to help, even if you elected Limited Tort.

Pennsylvania no-fault rules complicate the process of insurance claims.  We will help you to receive the full compensation that you deserve, including additional compensation for damages such as pain and suffering, in cases of severe injury or death.

Author 

John Fox has been a practicing AV Preeminent rated personal injury Lawyer since 1980. John Fox's litigation and trial experience encompasses trucking accidents with catastrophic injuries; automobile accidents; premises liability lawsuits; tanker truck accidents; environmental claims, national fraternity personal injury cases, medical malpractice, and business dispute litigation.