Bala Cynwyd Car Accident Lawyer
Nobody should have to go through a car accident. Unfortunately, thousands of drivers face this frightening reality on a daily basis – and in many cases, the scene of the crash is a highway. With so many drivers fighting for a spot on a busy, high-speed road, an...read more
According to U.S. News and World Report, Pennsylvania is ranked at number seven in the country in terms of fatalities associated with car crashes. When a fatality occurs in a car accident, you can often file a civil lawsuit to recover losses and a wrongful death lawsuit for the horrific loss of a loved one. Anyone living in Bala Cynwyd is familiar with the roads known for frequent car accidents, such as Righters Ferry Road heading toward City Line Avenue. This spot can get chaotic with crashes, especially during times of bad weather.
Most car accidents can be prevented, and those who cause these crashes can be held legally responsible. Since there are multiple causes of car crashes, experienced legal representation can make all the difference if you seek recovery against all parties accountable for your accident.
If you or someone you know have been in a car crash in Bala Cynwyd, you should contact the skilled attorneys at Jacobs and Fishman, P.C. The highly accomplished legal team at Jacobs and Fishman, P.C., are committed to seeking the best outcome possible; whether the best result involves negotiating a favorable settlement or forcefully representing you at trial, Jacobs and Fishman will fight for your rights. To schedule a free and confidential consultation, contact us at (610) 941-4250.
Statute of Limitations on Car Accident Lawsuits
There is a two-year time limit referred to as the “statute of limitations” in Pennsylvania for those looking to file a civil lawsuit for a car crash. Like most states, Pennsylvania imposes the statute of limitations to bar lawsuits filed after the time limit has passed. There are instances where victims of car crashes might wait for car insurance settlements to come through or are not aware of the long-term impact of their injuries and decide to wait before speaking to an attorney. Waiting can be risky.
If you waited over two years and a health complication or other loss was then linked back to the accident, you will need a skilled attorney to help you evaluate if your situation falls within the limited exceptions to the statute of limitations. The best course of action is to review your options with an attorney well before the deadline under the statute. If you are not sure what the filing timeline and deadline are, an attorney can help you calculate the time appropriately.
In cases where someone dies, you can file a wrongful death lawsuit with a different time calculation that begins on the date the victim dies; this date may differ from the date when the accident occurs.
If the city or county is responsible for your accident because it failed to properly maintain the roads, there are some timely actions you need to take. There is six-month deadline for filing a notice of your intent to file a lawsuit. There may be other requirements your attorney can explain at greater length.
Fault vs. No-Fault in Pennsylvania Car Accidents
If you were partly responsible for the crash, but you are not entirely sure about all the facts, you should schedule a consultation with a personal injury attorney who works with other professionals and may be able to determine your level of responsibility.
Pennsylvania follows a legal principle known as “modified comparative fault” when all parties carry some degree of fault. When this happens, damages or losses will be allocated based on the percentage of fault adjudicated to each party. If the victim of the accident bears some responsibility, the financial recovery is typically reduced by the percentage equal to his or her share of the fault.
Pennsylvania adds another limitation to filing a lawsuit for those who bear responsibility in causing a car crash. Anyone who is found to be 50 percent or more at fault for a car crash will not be able to seek financial recovery.
The determination of fault can be cumbersome, and this is a matter for professionals. There are times where car insurance claims adjusters who investigate cases can decide percentages of responsibility. There are other instances where accident reconstruction experts are be best equipped to make this determination. An experienced attorney can help you navigate through these complicated questions so that you can make educated decisions regarding your options.
Pennsylvania’s Motor Vehicle Financial Responsibility Law
Under Pennsylvania’s Motor Vehicle Financial Responsibility Law, the medical costs of anyone who suffers a car accident in Pennsylvania will be paid by their insurance company, up to the limits of their coverage. In the event that you are underinsured – meaning that your insurance coverage is insufficient to cover your losses – you should weigh your options with an experienced legal practitioner who understand the law, and the implications of choosing between “full tort” and “limited tort” coverage.
If you choose limited tort insurance, you may not be able to sue the party responsible for your injuries unless they are considered “serious injuries” under the law. A serious injury in Pennsylvania typically results in death, disfigurement or some kind of permanent impairment. An experienced attorney can give you a better understanding of the types of injuries that fall under this classification.
Call a Bala Cynwyd Car Accident Lawyer You Can Rely On
The accomplished law office of Jacobs and Fishman, P.C., has received excellent ratings for over fifteen years, including an AV rating based on confidential reviews made by judges and other legal professionals. Attorney Joanne Fishman is known for her relentless dedication to seeking financial recovery on behalf of her clients. To schedule a free and confidential consultation, call us at (610) 941-4250.