Car Crash Attorney
When you are injured in car crash, the single most important factor in determining the outcome of your case is what auto insurance coverage you and the driver responsible for the crash have. At BRB, the saddest cases we see are in car crash cases that are “insurance tragedy cases” meaning someone is caused devastating injury or death and there is little insurance coverage available to hold the careless person responsible in money damages. We hope this page helps you understand the complex area of the law that auto insurance is.
The second most important factor is who your lawyer is. We at BRB have been successfully handling car wreck cases for over 20 years. It is because we have vast experience as trial lawyers, that is, lawyers who actually take their cases to trial and achieve verdicts for our clients. The auto insurance companies know we are not willing to take any settlement that does not fully and fairly compensate our clients for pain, loss of life’s pleasures, lost relationships, as well as lost wages and medical costs.
- Fully investigate the circumstances of the accident
- Determine every cause for the injury, and identify every potentially responsible party
- Preserve evidence such as black box material, video, witness accounts
- Hire experts in accident reconstruction, biomechanics, physics and engineering to help the jury understand how and why a wreck occurred
- Skillfully depose the responsible parties and fully prepare you to counter insurance defense lawyer attacks
- Work with your physicians and engage other medical, vocational experts or economists to fully explain to the jury your damages
- Make sure your medical bills are fully paid before our representation ends.
Your medical insurance may impose co-pays or other gatekeeper functions that prevent you from getting the care you need with the physicians you want to see. No such problems exist with the medical coverage under the auto policy.
• Your medical insurer may require you to reimburse it for medical bills paid on your behalf from any recovery made from the person responsible. There is no such reimbursement requirement for bills paid by the auto carrier.
• You may be so injured that you cannot work and you cannot afford to continue to pay your health insurance premiums.
Pennsylvania law requires that auto insurers offer for purchase the following first party benefits:
• Medical benefits up to at least $100,000
• Extraordinary medical benefits from $100,000 to $1,100,000, which may be offered in increments of $100,000
• Income loss benefits up to at least $2,500 per month to a maximum of $50,000
• Accidental death benefits up to at least $25,000
• Funeral benefits of $2,500
• A combination of benefits for medical, income loss, accidental death and funeral expenses with a limit of $177,500 for expenses incurred within three years from the date of the accident causing the injury.
Uninsured motorist coverage protects you if injured by an uninsured driver or one who flees the scene of the accident. Underinsured motorist coverage protects you if injured by a driver who does not have enough insurance to fully compensate you for your loss.
Pennsylvania law requires insurance carriers who write business in Pennsylvania to offer uninsured, underinsured and bodily injury protection (the coverage that protects you if you cause injury to another) up to at least $100,000 because of injury to one person in any one accident and up to at least $300,000 because of injury to two or more persons in any one accident. Of course, your particular insurance carrier can offer more coverage than minimally required.
If you have more than one car, you should always choose to stack coverages. If for example you have three cars in the household with liability, uninsured and underinsured limits of $100,000, by stacking you make the limits $300,000 of both uninsured and underinsured coverage to protect any one person injured by an uninsured or underinsured driver.
Carriers are required to give you cost comparisons of these various coverages. You should make sure to understand the costs and benefits of the various coverages you select.
Fractured ribs, facial laceration, fractured ankle, ankle surgeries, unable to ascend and descend steps for several month, off work four and a half months but returned without restriction having regained full use of ankle. 129.6: Little v. Rife, 16 Franklin Co. L.J. 108 (1998)
Cervical disc herniation, treating doctor described injury as mild restrictive, plaintiff quit job but continued to babysit. 129.8 Boltersdorf v. McKenna, Pa. Super. No 1716 Phila (Jan. 26 1999) (mem). Note: The Supreme COurt has reversed the order of the Superior Court and remanded the case to the Court of Common Pleas. 2000 WL 339372 (Pa).
Herniated disc, 5 months of physical therapy, condition corrected but plaintiff still complains of overall aches and pains.129.13 Stefanou v. Pearce, C.P. Lehigh Co., No. 97-C0707 (June 7, 1999).
Broken ankle, head laceration, and shoulder injury resulting in difficulty climbing stairs, cleaning and walking did not constitute serious injury. 129.17 Johnson v. Gutfreund, 82 Erie Co. L.J. 138 (1999)
Arthroscopic knee surgery, approximately three months of physical therapy, reduced range of motion, pain walking and standing for long periods. 129.23 Julius v. Antalek, 83 Erie Co. L.J. 149 (2000)
Concussion, cervical strain, lacerations, daily neck pain, headaches, missed almost one month of work, three month impairment to neck, treatment consisted of physical therapy, injections, chiropractic and osteopathic manipulation. 129.24 Schack v. Verges, 83 Erie Co. L.J. 65 (2000)
Four inch laceration on forehead that left scar tissue 129.27 Holland v Marcy, 84 Erie Co. L.J. (2001) (child’s injuries), rev’d on other grounds, 817 A.2.d 1082 (Pa. Super. 2002, aff’d 883 A.2.d 449 (Pa. 2005)
Broken collarbone and wrist, lacerations, and bruises, approximately 6 weeks post-accident all lifting restrictions removed and released to return to regular activities. 129.31 Ellsworth v. McDougall, 84 Erie Co. L.J. 158 (2001) Note: Ellsworth is on appeal.
Complaints of injury to ribs, hip, right knee, bones, cells, tissues, nerves and muscles; treated and released at hospital for contusions and abrasions to right knee and swelling and discoloration to left hip; several ribs were fractured; missed two weeks of work; physical therapy for knee for five weeks, chiropractic care for one year for pain in knee, hip and back, pain medication for several months post accident, difficulty turning head for two months, knee pain continues; limited or prevented from horseback riding, golf and gardening due to knee pain. 129.35 Fix v. Kalil, 137 Montgomery Co. Rpt. 125 (2000), aff’d No.3615 EDA 1999 (Pa. Super. July 7, 2000).
Fractured left clavicle and right thumb and effects of those injuries on the plaintiff did not meet the serious impairment of body function threshold; furthermore, the lump near the clavicle did not constitute a serious disfigurement 129.52 DeVenny v. Webb, 123 York L.R. 101 (2009).
You have every right to seek money damages for personal injuries caused you by another’s negligent conduct. We only take cases in which our investigation shows the defendant acted negligently or to cause your harm. Your decision to seek justice, to hold the careless person accountable, makes the world safer for everyone else. It also places the responsibility for payment of damages on the bad actor, not society, not other people and not your family.
Anthony J. Baratta (“Tony”) has been recognized by Philadelphia Magazine as a Pennsylvania Super Lawyer for 15 years since 2006. He has received the highest possible rating amongst his peers by Martindale-Hubbel (AV Preeminate), is Board Certified as a Civil Trial Advocate by the National Board of Trial Advocacy, is a Member of the Million Dollar Advocate Forum, and a winner of the AVVO Choice Award for client recognition.
Andrew E. DiPiero Jr. has been recognized by Philadelphia Magazine as a Pennsylvania Super Lawyer for 16 years since 2005. He has received the highest possible rating amongst his peers by Martindale-Hubbel (AV Preeminate), and he is Board Certified as a Civil Trial Advocate by the National Board of Trial Advocacy.