When someone is injured in a car accident, they should be able to count on insurance carriers to cover the expenses. However, these cases are rarely straightforward, and securing compensation for all accident-related expenses can be difficult.
Limits on Damages
In general, there are no caps on compensation that a person can receive in the aftermath of a car accident for either their economic or non-economic damages. However, the exception to this are claims made against government entities. If a car accident claim is made against a local government, there is a $500,000 cap on damages. Claims made against the Commonwealth of Pennsylvania face a cap of $250,000.
Other Limits
Pennsylvania is one of the few states that allows for a “choice no-fault” insurance system. In this state, drivers can choose between carrying “no-fault” insurance or fault-based (tort) insurance. This can have major implications on how much compensation a person can recover after a car accident. If a driver chooses no-fault coverage, they will turn to their own personal injury protection (PIP) coverage for their medical bills and will generally be unable to file a lawsuit against the at-fault party for additional compensation. Pain and suffering damages are not available through PIP insurance.
Drivers who use no-fault insurance can only file lawsuits against the at-fault driver if certain thresholds are met to define an injury as “serious,” as explained within the policy. This will generally mean that the medical bills reach a certain dollar amount or that the injury is permanent, disabling, or disfiguring.
Under Pennsylvania’s comparative negligence laws, a person can still receive compensation even if they are partially at fault for an accident. However, the amount of compensation they receive will be reduced based on the amount of fault they had for the incident. For example, if a person is awarded $100,000 in damages for an accident, but is found to be 20% at fault, then they will only receive $80,000 in total compensation.
Economic vs. Non-economic Damages
There is a difference in the types of damages that a person can receive after a car accident. Specifically, economic damages are different than non-economic damages. Economic damages are those that are considered calculable that occur as a result of injury or property damage. This can include:
- All medical bills related to the accident
- Lost wages and benefits if a victim cannot work
- Vehicle repair or vehicle replacement costs
Non-economic damages, however, are not as easy to calculate. These are the subjective costs of an accident, and can include:
- Physical pain a victim sustains due to their injuries
- Emotional distress a person experiences due to their injuries and the accident
- Loss of affection or companionship due to the injuries
Contact an attorney
If you or somebody you care about has been injured in an accident caused by another driver, seek legal assistance today. You can count on the team at the Ciccarelli Law Offices to conduct a thorough investigation into your accident in order to secure any compensation you are entitled to. When you need a Philadelphia car accident attorney, contact us for a free consultation or call (215) 228-0100.