In 2020, there were 104,475 reported crashes in Pennsylvania. If you or a loved one has been in a car accident involving injuries or even death, you have a right to fight for fair compensation to cover your damages and losses. In this scary and possibly turbulent time, trusting your case with experienced, compassionate attorneys can make the process easier to navigate.
Korey Leslie, Attorney-At-Law, LLC believes in the relentless pursuit of justice. We have been proudly based in York, Pennsylvania since 2007 and serve clients not only there, but in Lancaster, Harrisburg, and Camp Hill as well.
When it comes to liability, Pennsylvania is a choice no-fault state. This is unique from many other states because each driver chooses what kind of coverage they will have. When choosing their insurance, the driver decides whether to purchase no-fault - limited tort - insurance coverage, or fault-based - full tort- insurance coverage.
Limited tort insurance is usually less expensive than full tort insurance coverage. It waives your ability to get compensation for your pain and suffering. Instead, you would only be able to receive damages for things such as medical bills and lost wages. Furthermore, when an accident occurs, the claim is filed against your own personal injury protection coverage regardless of who caused the accident. You can only file against the at-fault driver when damages and injuries exceed a certain threshold.
Full tort coverage allows you to pursue compensation for all damages incurred including medical, property damages, and pain and suffering. This claim is generally filed against the at-fault driver’s insurance.
Although you can choose whether to have fault-based or no-fault insurance, Pennsylvania has other insurance requirements. Liability insurance is required and there are certain minimums that need to be met:
$15,000 for bodily injury or death of one person in an accident
$30,000 for total bodily injury or death in an accident (i.e., for all persons harmed in one accident)
$5,000 for property damage per accident
Pennsylvania is a modified comparative fault state. This means the percentage of fault of each party involved will be determined and the damages you may recover will be reduced by the percentage of fault that is yours. For example, if it is determined that you are 10% at fault for the accident and you are awarded $50,000, the amount you receive will be reduced by 10% so the final amount received will be $45,000. If you are determined to be more than 50% at fault, you will be unable to collect any damages.
If you are involved in a car accident, you have two years from the date of the accident to file a personal injury lawsuit. This holds true whether there were medical damages or property damages. The exception is if you are filing a claim against the government, in which case you have six months to do so.
If you lost a loved one in a car accident, you may want to file a wrongful death suit. Pennsylvania requires that a wrongful death suit be filed by the personal representative of the deceased’s estate within six months of the date of death. If it is not filed within the first six months, then any of the beneficiaries of the estate may file a suit, within two years of the date of death, on behalf of all the beneficiaries.
There are four elements to a wrongful death claim that must be proven:
The person whose actions or negligence caused your loved one’s death had a legal duty not to do what they did.
They violated that duty.
Their wrongful act or negligence was a cause of your loved one’s death.
You have losses because of that death.
When you get hurt in a car accident, you need a strong advocate in your corner. Korey Leslie, Attorney-At-Law, LLC is prepared to handle every legal aspect of your case so that you can focus on what matters most — your recovery. If you are located in York, Pennsylvania, or the surrounding areas of Lancaster, Harrisburg, or Camp Hill, contact our office today to schedule your own free case consultation.