logo

Impact of Pennsylvania Laws on Accident Claims: What You Need to Know

Allexa Callaway • November 15, 2024
pennsylvania law with wooden gavel

Dealing with the aftermath of an accident is never easy. Along with the physical and emotional challenges, understanding how Pennsylvania's legal landscape affects your claim can be complex. Whether you've been involved in a car accident, a slip-and-fall, or another personal injury, it's crucial to grasp the nuances of Pennsylvania laws that influence your compensation.


Comparative Negligence: Determining Fault and Compensation

Pennsylvania operates under a modified comparative negligence rule, which plays a significant role in determining the outcome of personal injury claims. Comparative negligence refers to how fault is assigned between the parties involved in an accident. Under this rule, your compensation can be reduced according to the percentage of fault attributed to you. For instance, if you're found to be 20% responsible for a car accident, your compensation will be reduced by that same percentage.


However, Pennsylvania's approach is even more specific due to its "modified" comparative negligence standard. If you're found to be more than 50% at fault for the accident, you may be completely barred from recovering any compensation. This highlights the importance of having a strong legal advocate who can effectively argue your case, minimizing your percentage of fault and maximizing your potential recovery.


Pennsylvania’s “Choice” No-Fault Insurance System

Another critical aspect of Pennsylvania accident law is the state’s “choice” no-fault insurance system, which impacts how and from whom you can seek compensation in the event of a car accident. When purchasing auto insurance in Pennsylvania, drivers can choose between no-fault and traditional liability coverage.


If you opt for no-fault insurance, your own insurance company will cover your medical expenses and lost wages, regardless of who caused the accident. This can be beneficial for minor injuries but might limit your ability to sue the at-fault driver for pain and suffering unless certain thresholds are met, such as serious injury or death.


On the other hand, if you choose traditional liability coverage, you retain the right to pursue a claim against the at-fault driver for all your damages, including pain and suffering. However, this also means you may need to go through a more complex and adversarial process to recover compensation.


Statute of Limitations: Protecting Your Right to File a Claim

Time is a critical factor in personal injury cases. Pennsylvania law imposes a strict statute of limitations on accident claims, generally requiring that a lawsuit be filed within two years of the accident date. This time limit applies to most personal injury cases, including car accidents, slip-and-fall incidents, and other forms of negligence.


Failing to file within this two-year period typically means you will lose your right to pursue compensation, regardless of the merits of your case. Given the complexities involved in investigating the accident, gathering evidence, negotiating with insurance companies, and preparing a legal strategy, it’s essential to act promptly.


The Importance of Expert Legal Representation

Navigating Pennsylvania’s accident laws can be overwhelming, particularly when dealing with the stress of recovering from an injury. The laws surrounding comparative negligence, insurance choices, and filing deadlines are intricate and can significantly impact the outcome of your claim. That’s why having an experienced attorney on your side is crucial.


At Frischman & Rizza, our team of skilled attorneys is dedicated to helping accident victims in Pittsburgh and throughout Pennsylvania. We understand the intricacies of state laws and how they apply to your case. We are committed to fighting for your rights and ensuring you receive the compensation you deserve.


Don’t let the complexities of Pennsylvania’s accident laws deter you from seeking the compensation you’re entitled to.
Contact Frischman & Rizza today for a free consultation. Our experienced legal team is here to guide you through every step of the process, from understanding your rights to securing the best possible outcome for your claim. Let us help you take control of your recovery.

Truck accident on the highway, head-on collision
By Allexa Callaway January 15, 2025
Learn the essential steps to take after a truck accident in Pennsylvania to protect your rights. Contact Pittsburgh’s trusted truck accident attorneys today.
AI in healthcare, new discoveries with AI technologies
By Allexa Callaway January 6, 2025
Discover how AI is changing healthcare and its implications in medical negligence cases. Contact Pittsburgh’s trusted attorneys for expert legal guidance.
Mother post c-section scar with baby feet
By Allexa Callaway January 5, 2025
Discover common birth injuries, their causes, and when medical negligence may be involved. Contact Pittsburgh birth injury lawyers for guidance today.
Share by: