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PROVING FAULT IN A 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.  At Fox Law, we are skilled in accident reconstruction, investigation, and retaining expert witnesses.  We leave no stone unturned.

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. If a plaintiff is more than 50% responsible for an accident, the plaintiff is not able to recover compensation for his or her accident expenses.

 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.

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, John Fox may be able to help you recover additional compensation, even if you elected the limited tort option.

PENNSYLVANIA IS A NO-FAULT STATE.

Multi-Vehicle Accidents

Multi-vehicle accidents involve a complicated chess match of litigation.  When Multi-Vehicle accidents occur it can be very complicated.  Catastrophic and fatal injuries often result from multi-vehicle accidents, especially if the accident occurs on a highway and tractor-trailors are involved. Typically multi-vehicle accidents involve multiple injured parties, and numerous lawyers and insurance companies are involved.  John Fox is skilled in handling complicated multi-vehicle accidents and reconstruction involving multiple victims and their attorneys.

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