If you have sustained injuries and property damage in a Philadelphia car accident, you may be wondering if you should go to court to obtain the compensation you need. The truth is that it depends on your specific circumstances and some factors. The majority of car accident insurance claims in the state settle before they get to court. It is a smart decision to have a Philadelphia, PA car accident attorney on your side and represent your interests.
Your Insurance Polic Impacts Your Ability to Sue
When you pick a Pennsylvania insurance policy, you can get a limited or full tort option. With a full tort option, you can file a lawsuit against a party responsible for your accident to get extra compensation. It lets you sue for economic and non-economic damages such as pain and suffering.
Meanwhile, the limited tort option is cheaper and more restrictive. A lawsuit can only be filed against an at-fault party is you sustained serious functional impairment, disfigurement, a permanent disability, or death. You cannot sue for noneconomic damages such as chronic pain and emotional distress.
If another party is at-fault for your accident, your insurer pays out your damages under your policy; however, more damages need to be covered. In this case, you may be able to pursue compensation from the insurance company of the at-fault party and hope to get a settlement with them. When this fails, you can sue the at-fault party in court.
A lawsuit can be settled in just days in the state or could drag on for several months. Usually, lawsuits are settled in the discovery phase, which happens before a trial. The discovery stage allows every party to collect evidence and information from the other. The complexity of your case affects the settlement speed. If your case involves several parties at fault, it can take longer to resolve than when it involves just you and the other driver.
Moreover, the settlement can slow down if an insurer refuses to negotiate or communicate with your attorney. Also, it may take a while for your case to be settled if you sustained spinal cord injuries or traumatic brain injuries.
Contacting an Experienced Attorney
Following a car crash in Philadelphia, you must concentrate on recovering from your injuries and getting your car repaired. Dealing with an insurer and possible litigation can be overwhelming. Thus, it is wise to consult with a skilled car accident lawyer who can evaluate your case and help you understand your legal options.