Helping Clients Navigate the Aftermath of an Auto Accident

Car crashes are one of the most common causes of serious injuries in Pennsylvania and New Jersey. In fact, Philadelphia was ranked the No. 1 worst city to drive in in the United States by WalletHub. Some potential reasons for this include the heavy traffic along main corridors, limited parking, and poor road conditions, which can make accidents more likely.

If you have been injured in a car crash, your world is likely spinning. An accident on the road can happen in an instant and often leaves the victim hurt, shocked, and nervous. After the accident scene is cleaned up, the questions have only begun for most victims. Who will pay for your medical bills? How do you know whose fault the accident was? How are you going to recover what you have lost?

The personal injury attorneys at Full Court Justice have 40 years of experience representing individuals and their family members who have been seriously injured in car crashes. At Full Court Justice, you will have direct contact with a car accident lawyer as you are guided through your case, and we do not get paid unless we can get you financial compensation. If you or your loved one has been injured in a car crash, call Full Court Justice at (215) 770-0282 today for a free and confidential consultation with a Philadelphia personal injury attorney.

What Is First-Party Benefits Coverage?

Pennsylvania uses a no-fault insurance system for car accidents. This system requires every driver to have their own first-party benefits coverage, which is also sometimes called personal injury protection (PIP) coverage. When an accident occurs, your coverage pays for your medical expenses and some other out-of-pocket expenses, regardless of who is at fault for the crash. The benefit here is that victims can pay for medical care without having to take legal action.

In Pennsylvania, drivers are required to have at least $5,000 in first-party benefits coverage, but this obviously is not going to go very far if there are serious accidents. A simple ambulance ride to the hospital already averages over $1,400 in Pennsylvania. While you can choose to carry a higher amount of coverage, this also increases your premiums, so many drivers opt to only carry the minimum required by law.

Once the amount of first-party benefits coverage has been exceeded, the victim must pay out of pocket for anything not covered by health insurance. However, victims also have the right to pursue a personal injury lawsuit against the at-fault driver for any remaining expenses, and that is where we come in. Our attorneys can help you determine the right path forward and start working on your case right away to help you reach a timely resolution.

How Do We Prove Who Caused the Accident?

The personal injury lawyers at Full Court Justice will get to work right away to establish liability in your accident. Liability is the legal term for being responsible for causing a car accident. In Pennsylvania, proving fault in a car accident lawsuit requires showing that another driver or party acted negligently. Negligence means they failed to act with reasonable care, and that the failure led to the collision and resulting injuries.

To build a strong case, our team looks at all available evidence. This may include photographs of the accident scene, vehicle damage, and skid marks that can help show how the crash occurred. We also collect statements from witnesses, review police reports, and, when necessary, consult accident reconstruction specialists. Their analysis can reveal details such as the speed of the vehicles or whether one driver ignored traffic signals or road conditions.

Pennsylvania’s comparative negligence laws allow car accident victims to recover compensation even if they are partially at fault, as long as their share of responsibility is less than 51 percent. Because of this, it’s essential to gather precise evidence that clearly shows the other party’s role in causing the accident. Every car accident lawsuit we handle is built on facts, documentation, and professional insight aimed at protecting our clients’ rights and financial recovery.

Important Dos and Don’ts for Car Accident Injuries

In Philadelphia, collisions are common on major roads such as I-76 or Roosevelt Boulevard, and the cause of the crash is not always immediately clear. Knowing what to do in the aftermath can make it easier to protect your rights and preserve valuable evidence. These early steps are often critical in personal injury lawsuits, especially when questions of fault or insurance coverage arise. If you are injured in a car crash, there are some important things you can do right away to help your own case.

Do Take Photographs

Be sure to take photographs of the scene showing the damage to the vehicles involved in the accident, as well as where the vehicles ended up after the accident on the road. Photos are often one of the strongest forms of evidence in car accident cases because they capture details that may change or disappear quickly. For example, a picture showing one vehicle pushed into an intersection can help establish the direction and force of the impact. It is also useful to take close-up photos of license plates, traffic lights, and any visible injuries. In Pennsylvania personal injury lawsuits, this type of evidence can help experts reconstruct the crash and demonstrate how another driver’s actions caused your injuries.

Do Call the Police

After the accident, be sure to call the police and let them know you are hurt. When they arrive on the scene, be sure to speak with the police and give them your account of how the car crash occurred. Afterward, you can get a copy of the police report. This report usually includes each driver’s statement, witness contact information, and the officer’s initial observations about what may have caused the collision. In Philadelphia, responding officers may also document traffic signals, weather conditions, and nearby surveillance cameras that could provide additional proof later on.

Do Seek Medical Treatment

In the moments after a car crash, people tend to feel a sense of shock and numbness. Often, it is only after this shock passes that pain from injuries starts to set in. If you are hurt from the car crash, be sure to get to the hospital and get medical treatment. Your injuries may be much more serious than you know.

Prompt medical care protects your health and creates a record that can support your claim later on. Doctors can identify injuries that may not be obvious right away, such as internal bleeding or soft-tissue damage. These medical records are often used to connect your injuries directly to the crash and document the full extent of your losses.

Do Call a Car Accident Injury Attorney as Soon as Possible

In addition to the pain from your injuries and the shock and nervousness of having just been in a car accident, you may not know what to do next. An experienced car accident injury attorney at Full Court Justice will guide you through the process, answering all of your questions and making sure your insurance is set up and your bills are paid.

Do Not Give a Recorded Statement

Insurance companies are quick to reach out to people with car accident injuries and put them on record for a statement. With everything around you moving at a mile a minute, you may not have a clear head to give a recorded statement. Ask the insurance representative right away if the conversation is being recorded, and then, if it is, politely explain to them that you are looking for an attorney.

Do Not Sign Anything From the Insurance Company

Be sure you have an experienced car accident injury attorney review any documents that insurance companies have asked you to sign. You may be signing away your right to bring a case for pennies on the dollar without realizing it.

While these offers can sound appealing, they are usually designed to limit the insurer’s payout. For example, signing a release form could prevent you from pursuing further compensation if new medical issues develop later. Having a lawyer review the paperwork ensures you understand what you are agreeing to and protects your ability to recover the full value of your claim.

Do Not Speak to the Other Driver

If the opposing driver tries to talk to you at the scene or manages to obtain your telephone number after the accident, do not engage in conversation. As a safe bet, do not speak with anyone about the details of the accident. Rather, if you have a personal injury attorney, direct all communication to your attorney.

How Are Your Medical Bills Paid?

When you are injured in a car crash, who is primarily responsible for your medical bills is a complicated question. At Full Court Justice, our car crash attorneys will sort through the varying circumstances that determine what insurance should be billed for your medical care.

If You Are Driving a Car You Own

If you get injured in a car accident while driving a car that you own, then your auto insurance for that car will cover the first portion of your medical bills through first-party benefits coverage until it is exhausted. Remember, this coverage applies even if the other driver was at fault because of Pennsylvania’s no-fault rules. If you exhaust your first-party benefits amount, you can file a lawsuit against the other driver for the rest of your damages if they were at fault.

If You Are a Passenger in Another Car, but You Own a Car as Well

If you are injured as a passenger in a car accident and you own your own car, once again, your auto insurance covering the car you own is responsible for paying your medical bills first until it is exhausted. Your first-party benefits coverage follows the person, not the car in which you are injured. This means that even if the accident happened when you were riding in another car, your insurance company is still responsible for handling the initial medical expenses up to your amount of coverage.

If You Are a Passenger in a Car, and You Do Not Own a Car, but You Live With a Family Member Who Does Own a Car, and You Are Covered Under That Insurance

If this is the case, then your family member’s auto insurance covers the medical bills for your car crash injuries until they are exhausted. Though you are not the listed insured, you are a relative residing in the “insured” home, so you receive PIP coverage through that insurance.

If You Are a Passenger in a Car, and You Do Not Own a Car or Live With Anyone Who Owns a Car

In this case, it is the driver’s auto insurance that provides you with PIP coverage until it is exhausted. For example, if you were riding with a friend and another vehicle caused a collision, you would typically submit your initial medical claims through your friend’s insurance policy. That coverage can help pay for hospital visits, diagnostic tests, and follow-up care up to the policy limit. Even if the crash was caused by another driver, the driver of the vehicle you were in is generally the first source of coverage under Pennsylvania’s no-fault system.

Questions often arise when more than one policy could apply or when medical costs exceed the PIP limits. Because every car accident involves different insurance circumstances, it is a good idea to speak with an attorney who handles Pennsylvania car accident cases. A lawyer can help you understand which policy applies to your situation and how to pursue any remaining medical expenses.

What Happens If Your PIP Payments Are Exhausted?

Because PIP coverage can be as low as $5,000.00, serious car crash injuries often exhaust the available coverage quickly. When the applicable PIP coverage is exhausted, your health insurance is next up to cover the medical bills for your injuries. Health insurance copays and deductibles can add up fast with serious injuries, but they can be recovered as part of your damages if you pursue a car crash lawsuit.

What Happens If You Are Hit by a Car as a Pedestrian?

Car accidents involving pedestrians often lead to serious and traumatic injuries. In 2016, there were over 4,000 reported crashes in Pennsylvania alone, with 172 fatalities. If you are hit while walking or jogging, or riding your bicycle, your medical bills are paid for in the same priority as if you were in a car. If you are insured yourself, your PIP pays the first medical bills until it is exhausted. The same goes for if you live with a family member who owns a car. If you do not own a car or live with anyone who owns a car, then the PIP coverage of the car that hit you steps in and pays your bills until that coverage is exhausted.

Common Car Crash Injuries That Can Result in Personal Injury Claims

The severity of the injuries suffered from a car accident depends greatly on the facts of the case, such as the vehicle’s speed, whether the victim was wearing a seat belt, and the point of impact. The reality is that auto accidents can result in catastrophic injuries that forever change the victim’s life.

The personal injury lawyers at Full Court Justice have handled thousands of car accident injury cases with a wide array of injuries, including:

• Traumatic brain injuries
• Concussion
• Crush injuries
• Dislocated elbow
• Dislocated shoulder
• Fractured neck
• Lumbar disc herniation
• Radiculopathy, which is a nerve disease
• Broken hands
• Crepitus of the fingers
• Fractured wrist
• Broken femur
• Dislocated hip
• Broken pelvis
• Broken clavicle
• Facial fracture
• Facial scarring
• Skin burns

While some of these injuries usually heal within a few weeks, others can take multiple surgeries and months of healing or even be permanent. Full Court Justice works closely with health care professionals and medical experts who can help you determine and document the full scope of your injuries, including the necessity of ongoing treatment and how your pain and suffering have impacted your quality of life. Our team can then use this information as part of your case when seeking compensation.

What Types of Damages Can You Recover?

If you are injured in a car crash, you are entitled to be compensated for your damages. “Damages” is the legal term for everything you have lost as a result of the injuries you sustained in the car accident. The car crash attorneys at Full Court Justice like to explain that you started your day before the car crash with your cup full, and you are entitled to have it be made full again.

When you are injured in a car accident, you are entitled to recover the money you have paid or owe for medical treatment, as well as the money you may have to spend in the future for medical treatment; the money that you have lost or stand to lose as a result of not working or having to change jobs; and the money for any property that has been damaged.

In addition, you are entitled to be paid for the physical, emotional, and mental toll the injuries have had on your life, including your pain and suffering, your embarrassment and humiliation, and your loss of life’s pleasures.

In the state of Pennsylvania, the damages you can be awarded in a personal injury lawsuit are divided into two primary categories. Economic damages are the measurable financial losses the victim sustains as a result of the crash. The bulk of this is usually medical expenses, including the immediate treatment as well as the anticipated cost of future care. It can also include lost wages if you weren’t able to work or diminished earning capacity if your injuries will permanently affect your ability to work.

Non-economic damages represent the intangible losses that happen when someone is injured in a car accident. This includes the person’s pain and physical suffering as well as the impact of stress, anxiety, or depression. These losses are much harder to calculate, and there is no specific formula for determining their value. Common factors to consider include how long your recovery was or is expected to be and how much of your daily life has been impacted. In most cases, there is no cap on how much you can seek for pain and suffering, and your attorneys can help you arrive at a reasonable number that truly represents your suffering.

Contact a Car Crash Attorney If You Have Been Injured

Meeting with an attorney soon after your accident can affect how your claim is handled and the outcome. The legal team at Full Court Justice will review the facts of your case, provide an estimated value for your losses, and walk you through your options for getting the compensation you deserve. Whether you’re still recovering from your injuries or the insurance company has already sent over a settlement, our attorneys can provide valuable legal counsel to help you determine a path forward.

If you or someone you care about has been injured in a car crash, contact one of the experienced personal injury lawyers at Full Court Justice for a free and confidential case evaluation. You have two years from the date of your accident to bring a lawsuit. Find out what your rights are when you call Full Court Justice today at(215) 770-0282 and schedule a free initial consultation with a Philadelphia personal injury lawyer.

Disclaimer: This website is for informational purposes only. It is not legal advice, and nothing on this site should be taken as legal advice for any individual case or situation. Full Court Justice has offices in Philadelphia, Wayne, and Voorhees and serves clients throughout Pennsylvania and New Jersey.