Question 1

Who can I sue for a car accident?

Accepted Answer

People often ask who they can sue for an accident. The simple answer is that we try to sue anyone who was at fault for the collision. This can include the driver negligence anyone who caused or contributed to the accident.

If another driver or person causes or contributes to a car accident, we will evaluate that person’s actions to see if he or she was negligent. A person must be negligent in order to bring a lawsuit against that person. If the person is negligent, and that negligence causes your injuries and damages, we will bring a claim or lawsuit against that person to seek money damages.

It is very important to get an experienced personal injury attorney involved in your case as soon as possible. The Philadelphia car accident lawyers at Mattiacci Law are ready to investigate your case. Contact us today for a free consultation. Call our Philadelphia office now at 215-914-6919 or toll free at 866-617-0050.

Question 2

What is negligence in Philadelphia Car Accidents?

Accepted Answer

A person is negligent when he or she does something a reasonably careful person would not do under the circumstances. A person also can be negligent by failing to act. A person who fails to do something a reasonably careful person would do under the circumstances is negligent.

When another driver is negligent and causes your injuries and damages, our Philadelphia car accident lawyer will pursue that negligent driver by bringing a lawsuit for money damages.

To determine whether a person was reasonably careful we compare their actions to certain safety rules. For car accidents we look to what are known as the “rules of the road.” These rules are often set down in written laws, called statutes. In Pennsylvania there is an entire section of laws called the Pennsylvania Vehicle Code (Title 75). There are many different statutes under this code that make up the rules that drivers must follow when they drive within Pennsylvania.

If a person violates one of these rules of the road, that is good evidence that the person was negligent. Drivers can violate these safety rules in many ways. Some common examples are:

Speeding or traveling too fast for road conditions;
Driving under the influence of drugs or alcohol;
Falling asleep behind the wheel;
Texting while driving;
Rear-ending another vehicle;
Failing to stop at stop signs or traffic signals;
Failing to yield the right of way.

Our car accident lawyers have nearly two decades of experience in proving negligence claims against careless drivers. We know the Motor Vehicle Code. Put our experience to work for you. Contact our team of experienced car accident attorney and lawyers today for a consultation.

Question 3

How can we prove a driver was negligent?

Accepted Answer

The car accident attorneys at our firm thoroughly investigate the facts of each car accident case. We do this so we can identify all potential defendants. We then look at the facts to prove that the other driver acted in an unsafe manner.

Our team of Philadelphia car accident lawyers will evaluate whether the other driver acted in a reasonably safe way. Our team will examine whether the other driver broke any rules of the road. If the other driver is negligent and caused injuries and damages, then we will aggressively pursue that driver for money damages.

Some of the types of evidence that we use to prove another driver is at fault include reviewing:

The police report;
Photos of the vehicles involved in the crash;
Photos of the accident scene;
Witness statements;
Event data recorder information (vehicle black box);
Camera footage from traffic and surveillance cameras;
Dash cam footage;
Traffic citations and court records;
Client information.

Our clients are our key partners in proving each case. When we open a case, our first information often comes directly from our clients. They relay to us how the accident happened, the details of the crash, and provide as much information as they can about the incident. From there we go on to search for and preserve any other evidence that will help prove the other driver was at fault.

It is very important for our team of Philadelphia car accident attorneys to get involved in a case as soon as possible. This allows us to investigate the facts of an accident immediately. We can help identify and question witnesses. We often obtain forensic data from vehicles involved in the car accident lawyer the crash itself. We can take photos of the damaged cars. We can also preserve evidence that helps show how the accident occurred. This can include footage from nearby traffic cameras or surveillance cameras. Dash cams are also becoming more common.

However, getting this evidence can be time sensitive. Often, cars that are totaled in a collision are salvaged. Witnesses may move away or start to forget details of an accident. Striking while the iron is hot after an accident is the best way to preserve evidence in order to help win the case against the responsible party.

Investigating your case is a priority. Let our team of dedicated Philadelphia car accident attorneys get to work on your case now. Contact Mattiacci Law our top personal injury law firm today for a free consultation so we can discuss the details of your car accident lawsuit and what we can do to help.

Question 4

What if more than one driver is at fault?

Accepted Answer

It is not unusual for there to be more than one driver at fault for a crash. There are times when two or more vehicles may contribute to an accident. This more serious accidents can be because the drivers drove too fast for road conditions, disregarded traffic signals, failed to stop before striking another car, or any other safety rule violation.

Our injury firm works to identify all the drivers or people who may have caused and contributed to an accident. If there are more than one, we include all those defendants in the lawsuit. A settlement may be reached with one or all the defendants. If the case proceeds to trial, then we try to apportion fault between the defendants. A jury will decide what percentage of fault may be the responsibility of each unsafe driver.

The car accident law firm of Mattiacci Law will try to recover damages from everyone who was at fault for a car accident. If there is more than one responsible driver, we will pursue them all to maximize our clients’ recoveries and to get them justice.

Question 5

How much time do I have to bring a lawsuit in Pennsylvania?

Accepted Answer

There are strict time limits to file a lawsuit in an accident case in Pennsylvania. This deadline is known as the statute of limitations.

The statute of limitations for personal injury cases in Pennsylvania for an adult is two (2) years. This means that a lawsuit for damages caused by the accident must be commenced within two (2) years of the date of the accident. A personal injury lawsuit filed after that deadline may be dismissed. This deadline is codified at 42 Pa. C.S. § 5524.

If a child is injured in a car or motor vehicle accident cases there may be additional time in which to file a lawsuit. Pennsylvania law provides that an unemancipated minor can file an action for personal injuries within two (2) years after reaching majority age. Currently, an unemancipated minor reaches majority age at 18 years.

Under 42 Pa. C.S. § 5533, a minor can file a lawsuit within two (2) years of his or her 18th birthday. If a child is injured in an accident, and if that child is an unemancipated minor, he or she can still file suit more than two years after an accident. But suit must be filed before his or her 20th birthday. To be safe, consult an attorney as quickly as possible after an accident to confirm these deadlines.

In certain types of cases there are more specific claims deadlines that must be followed. For example, if you have been injured by a vehicle owned by a government entity, like the City of Philadelphia, then a written notice of claim must be provided to the City within six (6) months. This notice requirement is different than the statute of limitations. It is a separate deadline that is required by Pennsylvania law that is a prerequisite to filing a formal lawsuit against the government or one of its departments.

The City of Philadelphia, along with other governmental agencies, and even some state-funded entities like SEPTA, enjoy these additional protections from lawsuits. This is because of the Pennsylvania Tort Claims Act. This law, codified as 42 Pa. C.S. § 5522, is what requires written notice to the appropriate government or agency that caused the car accident. Again, that written notice must be sent within six (6) months from the date of the accident. It also must contain certain information.

If the necessary written notice to a government entity is not provided within six (6) months, the government can later attempt to dismiss any lawsuit filed with a court.

These deadlines are why it is incredibly important to contact an experienced Philadelphia car accident lawyer immediately after an serious car accident occurs. Our personal injury law firm routinely evaluates whether notices must be sent to any government unit for car accident claims. The legal team at Mattiacci Law will investigate the case and determine whether any potential notices need to be sent immediately. We can protect your rights to bring a suit so that you can pursue compensation.

Question 6

Who will pay my medical bills after a Philadelphia car accident?

Accepted Answer

One of the most common concerns for people injured in car accidents is how their medical bills will be paid. Our attorneys are here to help guide our clients through the medical claims process.

In Pennsylvania, a person’s medical bills related to a car accident first must be paid through an applicable car insurance policy. Injured car accident victims can then use health insurance or public assistance (if they qualify) for medical bills after the auto accident victim’ insurance medical coverage is exhausted.

The medical benefits available through auto policies in Pennsylvania are often referred to as First Party Benefits or as Personal Injury Protection (PIP). Each policy of auto insurance issued in Pennsylvania is required to provide PIP benefits. Pennsylvania requires that private passenger cars carry a minimum of $5,000 in PIP benefits. This is required by 5 Pa. C.S. § 1711.

This means that if you own a car in Pennsylvania and have auto insurance, your own auto insurance will have at least $5,000 in medical coverage to pay toward the bills caused by the accident. People have the option of having significantly more than $5,000 in PIP benefits, which can be very helpful.

In order to start having PIP coverage pay your medical bills for an auto accident injury you first must submit a claim application through the car insurance company. Our team of Philadelphia auto accident lawyers helps our clients with this application. The form, which is common called an “Application for First Party Benefits,” asks for information regarding the person who is injured, the details of the accident, a description of any injuries sustained, along with information regarding medical treatment received to date. This insurance may also cover lost wages, and the application commonly asks for information about any lost income because of the auto accident claim.

It is best to discuss the PIP application with an experienced personal injury lawyer attorney prior to submitting it. That way the attorney can evaluate the case and assist with providing information to the insurance company.

Also, you may still be eligible for PIP even if you do not own your own vehicle.

Under Pennsylvania law, there is a certain order in which you can obtain PIP benefits after an accident:

If you are an in accident caused by another driver, you must apply for PIP benefits on a policy on which you are listed as a named insured, such as your own vehicle;
If you are not a named insured on a policy, you can then apply for PIP benefits on any policy which provides coverage to you as an insured, which may include the policy of a relative with whom you live;
If you are a passenger and are not insured through another policy, you can then apply for coverage through the policy for the vehicle in which you were a passenger at the time of the accident;
If there is no insurance on the vehicle in which you were a passenger, you may be able to get medical payments through one of the other vehicles involved in the crash.

The order of PIP coverage is generally controlled by a specific Pennsylvania statute, 75 Pa. C.S.A. § 1713.

Pennsylvania also has a program called the Pennsylvania Financial Responsibility Assigned Claims Plan (PFRACP). The Assigned Claims Plan is a fund set up by the Commonwealth of Pennsylvania that provides limited first party medical coverage to people injured in car accidents. The fund provides up to $5,000 in benefits. It is limited to Pennsylvania citizens who are not eligible for any other auto insurance coverage. Additional information may be found at the plan’s website, and there are specific requirements for eligibility.

Unfortunately, the $5,000 in PIP benefits that most people have available to them is soon exhausted. Paying for an emergency room, diagnostic tests, doctor visits, and therapy can quickly run through the available coverage. In those situations, injured victims can then attempt to get their medical bills paid through any personal health insurance coverage that they have or through Medicare, Medicaid, or other coverage.

Our Philadelphia car accident lawyers will attempt to recover any unpaid bills and future medical bills as part of the lawsuit against the at-fault driver.

Contact our firm today if you need help or have questions about what to do after a car accident.

Question 7

What kind of damages can I recover for my accident case?

Accepted Answer

There are many types of damages that we try to recover for our clients. While not every case is the same and not all damages may be applicable to every case, there are some that are common. These common damages usually fall under two categories.

The two general categories of damages are economic damages and non-economic damages. These are also sometimes referred to as monetary and non-monetary.

Economic damages are the types of money damages that can be specifically calculated. These include:

Medical bills: medical bills are inevitable when someone gets hurt in an accident. Auto insurance and health insurance may cover a portion of the bills, but people often are left with co-pays, unpaid bills, and other out-of-pocket expenses. The amount of unpaid bills, expenses, and future medical bills that an injured client may require all factor into the potential value of a case and what damages may be claimed.

Insurance liens: sometimes clients have insurance policies that will help pay for their lost wages and medical bills. This can include worker’s compensation insurance (if the client was injured while working) or health insurance. Very often, these insurance companies want to be reimbursed for the benefits they paid because of an accident. If so, we must evaluate the lien to ensure it is related and may use that lien amount to increase the recovery we are seeking for our clients.

Out-of-pocket expenses: people who are injured often pay money from their own pocket because of an accident. This can be anything from hiring additional help for home maintenance or childcare, buying medical supplies or devices that are not covered by insurance, a property damage deductible, rental car expenses, co-pays, or the use of vacation or sick time from work. We take all of this into account to see what should be claimed in your suit.

Your Philadelphia car accident attorney will evaluate a client’s potential economic damages so we can make a claim for those money losses.

In addition to economic damages, we also seek other types of damages known as non-economic damages. These damages depend on several different factors. These include:

Physical pain and suffering: money may be demanded for the physical pain and suffering caused by injuries suffered in an accident. This can include pain from an injury such as a sprain or strain to an even more serious injury, such as a fracture, spinal injury, or head injury. The severity of the injury, the physical limitations caused by the injuries, whether injections or surgery were necessary, and whether the injury is permanent are factors that go into how much a potential claim could be worth in terms of physical pain and suffering.

Mental pain and suffering: people do not just get physically hurt in an accident. Accident victims also suffer from mental pain and suffering. This can include stress, anxiety, fear, and depression. Many people who are dealing with physical injuries also have mental pain and suffering. Treating with a psychologist, therapist, or psychiatrist can be helpful in coping with the mental pain and suffering caused by an accident. These mental injuries can also factor into the potential value of a case.

Scarring and disfigurement: a separate element of damages that we seek for clients is scarring and disfigurement caused by an accident. This not only includes scarring that occurred during an accident (for example, road rash from a motorcycle accident or a scar from a laceration or cut) but also scarring that may occur after a client has a surgery that is related to the accident. Scarring can make people feel self-conscious, affect their looks and confidence, and require additional treatment, such as plastic surgery. This can factor into the value of the case.

Loss of consortium: when a person is injured, those injuries can also affect the injured person’s spouse. Spouses often must carry more responsibility after their loved one has been injured. This can include an increased role in handling childcare, chores, shopping, bills, and other responsibilities. It can also interfere with the couple’s social and intimate relationship. In some cases a spouse may have little choice but to become a full-time caregiver. The negative impact that an accident has on a married couple means that the uninjured spouse can bring a claim for loss of consortium. This is a separate element of damages that can compensate the spouse for the interruption in their marriage and relationship.

Your Philadelphia car accident attorney will investigate your case to find out what damages may be claimed. Our serious accident lawyer team will obtain medical records, speak with physicians, and may hire medical and other experts to fully develop and present the damages you have suffered as a result of car accidents resulting in injury.

The car accident lawyers at Mattiacci Law strive to maximize our clients’ recoveries so they can get the maximum compensation that they deserve. Contact us today for a free consultation.

Call us now at 215-914-6919 or call toll free at 866-617-0050.

Question 8

How much is my car accident case worth?

Accepted Answer

There are many factors that go into how much a potential car accident case may be worth. Every case is different. Every case must be evaluated on its own facts and evidence. As a general guideline, the more serious the injuries and damages that can be proven, the more the auto accident case may be worth.

Our experienced car accident attorneys perform an in-depth analysis of each case to fully identify and develop our clients’ damages. The value of each case depends on many factors. Our experienced team can advise you of the potential value of a case by weighing these factors.

One of the first factors we look to is the strength of the liability case to prove the other driver is at fault. If there is difficulty proving the other driver is at fault for the car accident injury then the case will have only limited value, if any value at all. Therefore, it is vitally important to get a Philadelphia serious car accident injury lawyer involved in your case as soon as possible. Performing a prompt investigation into an serious car accident injury can help prove the case against the other driver, and in turn drive the value of the case.

Another factor that goes into how much a case is worth is whether the accident caused the claimed injuries and damages. People can be compensated for injuries property damage if they were caused by an accident. This can also include injuries punitive damages that pre-existed the accident but became worse after a car crash anyway. Being able to prove that the injuries and damages were caused by the accident is very important in evaluating how much a case is worth.

Our car accident attorneys focus on proving that our clients’ injuries were caused by the crash. This includes reviewing medical records, hiring physicians or medical experts, and getting the necessary evidence to prove what injuries were caused by the accident. Sometimes this is extremely clear. At other times, insurance companies will try to muddy the water by claiming that a person’s injuries pre-existed an accident to limit the case value (such as a when a person may have a history of back pain prior to an accident). A thorough investigation will help to fight these defenses.

The nature and severity of the injuries and damages are a large part of how much a case is worth. A case in which a person heals within a few weeks will generally not have the same monetary value as a case in which someone was permanently injured. A general guideline is that the more serious or permanent an injury is, the more we demand to compensate our clients for that injury.

The nature of medical treatment is also a factor. If more invasive treatment such as injections or surgery is required, that can increase the potential value of a claim. Even if a person does not have surgery but requires extensive and ongoing treatment, such as therapy or the use of an assistive device like a brace or walker, this can increase the potential value of the case.

Economic damages such as the amount of medical bills, the amount of lost wages, and any expenses incurred by the client help increase the potential value of a case. Additional damages, such as scarring or disfigurement and a spouse’s a loss of consortium can also increase the potential value of a claim.

However, the value of a case may ultimately depend on how much insurance is available for pay for an injured person’s damages. Pennsylvania law only requires that auto policies provide a minimum of $15,000 in liability coverage per person or a total of $30,000 per accident. This means that any policy issued under Pennsylvania law must have at last $15,000 available to pay for a person’s injuries and damages caused by an accident. If there is more than one injured person in free case evaluation then there should be a minimum of $30,000 that would need to be split between the people injured by the at-fault driver.

The hope is that there is more than enough insurance to fully compensate a person for his or her injuries. Insurance policies in Pennsylvania can provide significantly more than $15,000, but that depends on the amount of coverage chosen by insurance carrier for that at-fault driver. Our law firm will identify and pursue any potential insurance coverage to make sure the maximum amount of coverage will be available.

It is important to hire a skilled Philadelphia car accident lawyer in order to maximize the potential value of your case. Contact our firm today for a free consultation so we can discuss the details of your case. Put our experience to work for you. Call us at 215-914-6919 or call toll free at 866-617-0050.

Question 9

What is limited tort car insurance?

Accepted Answer

Car owners in Pennsylvania are given the option of choosing limited tort car insurance or full tort car insurance. Many people are never told how that choice will affect their ability to sue someone if they are injured in an accident. As a general recommendation, our firm advises people to elected full tort if at all possible.

Limited tort insurance is generally cheaper than full tort insurance coverage. In exchange for a reduced insurance premium, you agree to put limitations on your ability to sue someone for non-economic damages like pain and suffering. A person who chooses limited tort insurance must suffer a “serious injury” before they can recover non-monetary damages like pain and suffering as a result of a car accident.

A person who chooses limited tort insurance can still recover monetary damages, regardless of whether they are injured. A person who has elected limited tort can always try to recover lost wages, property damages, medical bills, or other out-of-pocket medical expenses too.

A driver who has elected full tort auto insurance will generally pay more for their auto insurance. However, there is no limitation on that person’s rights to sue for pain and suffering if he or she is injured in an automobile accident anyway. In other words, a driver with full tort is entitled to seek damages for pain and suffering even for an injury that is relatively minor or that did not require extensive treatment.

Proving that someone who elected limited tort has suffered a “serious injury” is fact specific. An injury does not necessarily have to be permanent to be serious. Generally, to overcome this limitation we first show that an injury has impaired a body function. Second, we look to whether that limitation is “serious.”

There are several factors the Court looks to for determining whether the impairment of a body function was serious. These factors include the extent of the impairment, the particular body function impaired, the length of time the impairment lasted, the treatment required to correct the impairment, and any other relevant factors. See Pa. SSJI (Civ) 7.190.

If we can prove an injury is serious using these different factors, we can still make a claim for pain and suffering. Our experienced team of Philadelphia car accident attorneys can help make this a free case evaluation and provide you with feedback as to whether the limited tort hurdle can be overcome.

Additionally, there are several exceptions under the law when limited tort will not limit a person’s recovery of punitive damages in a case. Some of these exceptions include:

When the at-fault driver is operating a vehicle that is registered in another state (such as a car registered in New Jersey);
When the at-fault driver is found guilty of or accepts Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol or a controlled substance;
When the injured person is a passenger in a vehicle other than a private passenger vehicle (such as a taxi or limo);
When the at-fault driver fails to maintain auto insurance;
When the at-fault driver intends to injure someone;

There may be other exceptions to the limited tort threshold. Contact our team of Philadelphia car accident lawyers today for a free consultation about your next car accident claim. Call us today at 215-914-6919 or call toll free at 866-617-0050.

Question 10

What is uninsured/underinsured motorist coverage (UM/UIM)?

Accepted Answer

Drivers in Pennsylvania have the option of electing uninsured and underinsured motor vehicle insurance. This is often abbreviated as UM/UIM. This is additional coverage available through your own auto insurance policy that can help compensate you for your injuries after an accident. Pennsylvania law requires that auto insurance companies offer UM/UIM coverage. This is required by 75 Pa. C.S.A. § 1731. However, drivers can also reject UM/UIM benefits by signing waivers. Often, drivers do not know how important having UM/UIM coverage is to protecting themselves and their families.

Uninsured (UM) coverage provides money through your own auto insurance company to pay if another driver hits you and that driver has no insurance. This can come into play when the other driver has failed to pay his or her insurance premiums on time or if the insurance on the other vehicle has lapsed or has been canceled. In such a situation, there is no insurance available from the other driver. That driver is therefore uninsured. In this situation, a person with uninsured (UM) coverage can seek money through his own policy to pay him for his damages.

Underinsured (UIM) motorist coverage comes into play when the at-fault driver has insurance but does not have enough coverage to fully compensate you for your injuries. For example, say a careless driver hits someone and causes serious injuries. The careless driver only has the minimum liability coverage of $15,000. Say that amount is not enough to fully compensate the injured person. In this situation, the injured person can get additional money through his own auto insurance policy if he has UIM coverage. UIM exists to provide you with more money when the at-fault driver doesn’t have enough insurance to pay for your damages.

Pennsylvania also provides something called stacking. Stacking means that you have the option to stack your UM/UIM benefits if you have more than one vehicle on your policy. For example, if you own and insure two cars in Pennsylvania and you have UIM benefits. You also have elected “stacked coverage.” This means you can combine the amount of UIM coverage that you have by the number of insured vehicles on the policy. So, if you have $25,000 in UIM benefits, the stacked coverage available to you if you are in an accident can be $50,000. This is permitted under 75 Pa. C.S.A. § 1738.

However, people often sign waivers rejecting UM/UIM benefits and stacked benefits without fulling understanding the coverage. Many clients have come to us after an accident and were very upset with their insurance agents and insurance companies for not fully explaining the importance and benefits of UM/UIM coverage and stacked benefits.

As a general recommendation, our firm routinely advises people to get as much UM/UIM coverage as they can afford. We also recommend stacking the UM/UIM benefits. This can be essential to protecting yourself and your family and to maximize your potential recovery in case of an accident.

Question 11

What should I do immediately after a car accident?

Accepted Answer

Secure the car wreck scene, seek medical attention, and report the incident to the police. Then, consult with a Philadelphia car accident lawyer to protect your rights.

Question 12

How do I know if I have a car accident claim?

Accepted Answer

If you’ve suffered injuries or property damage due to another’s negligence in auto accidents, you likely have a claim. An experienced car accident attorney can provide specific guidance.

Question 13

Should I talk to the insurance company on my own?

Accepted Answer

It’s best to speak with a lawyer first. Insurance companies aim to minimize payouts, and a lawyer can help negotiate fair compensation.

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