Pennsylvania – February 9, 2021
A public works salt truck and a car were involved in a crash in Arnold, Westmoreland County on Tuesday. One individual was treated at the scene on Drey Street and Freeport Road in Arnold, and another person was taken to the hospital with a head injury. A personal injury attorney in Pennsylvania can work with insurance companies to access funds to pay for immediate medical costs, and when necessary to initial legal action if medical care and expenses due to a head injury are long-term, or cost more than a policy’s limits.
Government vehicles have a different timetable regarding notice of legal action if insurance coverages are not able to cover costs associated with an injury caused by a government vehicle. When injuries result from multi-vehicle collisions, a reconstructionist specialist along with other experts may assist experienced Pennsylvania accident attorneys as they build a case for damages for a car accident victim.
Head injury cases.
Head injuries can range from mild concussions to traumatic lifelong brain injury resulting in memory loss, cognitive impairment, and behavioral changes. Settlements are often offered by insurance companies for these types of injuries, but accident victims should consult with legal counsel before accepting any offer as additional costs of treatment may exceed the initial settlement amounts.
Compensation for head injuries is categorized to economic damages for out-of-pocket costs, or other measurable expenses resulting from the injury including lost wages, lost ability to earn, medical treatment costs and replacement of property, and non-economic damages that can be subjective, including pain and suffering, mental anguish, loss of enjoyment of life and emotional distress. Monetary awards in Pennsylvania have no cap on most damages, but there is a cap of $500,000 against local government claims, and a $250,000 limit on claims against the State.
An accident attorney can explain Pennsylvania’s “modified comparative negligence” rule, where an individual can still recover damages in a personal injury lawsuit, but the amount of compensation will be reduced by an amount equal to their percentage of fault.
An accident victim can only seek damages from the other driver if they are less than 51 percent at fault. Full and limited tort are options that individuals can choose under their auto insurance policies in accordance with Pennsylvania motor vehicle financial responsibility laws. Personal injury legal action needs to be initiated within the two year statute of limitations in Pennsylvania. In a case against a government entity such as a public works truck, written notice must be sent to the relevant government agency with six months from the date of the occurrence, or any attempt to recover damages in a lawsuit may be dismissed. An accident attorney can apprise victims of the relevant timeline based on their case.
Seek legal counsel.
Contact an experienced accident attorney for a consultation, as they can research specific case facts and interpret accident reports, and utilize state, and federal law to support a case’s best outcome toward the compensation of damages. Scanlon & Wojton will fight for comprehensive damage awards for personal injuries, including head injury that may have some residual after a car crash in Pennsylvania.
Scanlon & Wojton, Attorneys at Law
The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219
Phone: (412) 918-1241
Fax: (412) 235-7275