Legal Question in Personal Injury in Pennsylvania
Car accident injuries - limited tort car insurance
My friend is 8 months pregnant and was just involved in a car accident where a commercial truck rear ended her at a red light. She was admitted into the hospital for 24 hours and later released. So far the baby is o.k, they really won't know until the baby is born. She has neck, shoulder, lower back and hip pains and has seeked further medical attention. She has also been suffering from premature contractions since the accident as well. She only has limited tort car insurance. They think that the car is totalled and are waiting to hear from the adjustor. She is not out to sue for a million dollars, but what are her chances of winning a claim if there's something wrong with the baby or for her pain and suffering?
3 Answers from Attorneys
Re: Car accident injuries - limited tort car insurance
My firm doesn't really get involved in limited tort cases (which means, car accidents where the injured person has taken the "limited tort" option on their own auto insurance, which has the effect of preventing a pain and suffering claim unless the injury is serious and permanent, AND it may be doubtful whether the injury is serious enough). The reason is that my firm only handles non-serious injuries when the liability is pretty clear. Many lawyers do handle these cases, though, and I'd be happy to refer your friend to a lawyer who could advise her. It's impossible to give any meaningful guess on the odds of obtaining a recovery.
But please, all Pennsylvania readers (and other states with similar options) PLEASE, PLEASE don't give up important protection from disaster by trying to save a few bucks. It's really a false economy. Please check out a brochure the Philadelphia Trial Lawyers produced, which I've put online as the webmaster for our web site: http://www.philatla.org/fulltort.htm
Good luck and best wishes to your friend and her baby.
Re: Car accident injuries - limited tort car insurance
William,
Your friend should immediately seek counsel. The involvement of a commercial vehicle voids the limited tort option. She can recover for her mental anguish while waiting to see if the baby is allright. If the baby experiences complications, she should have an attorney prepared to help her immediately. Plus, since she is pregnant she probably has limited treatment options for her own pain. If you wish, call me to discuss the matter. Although my office is in Philadelphia, if your friend resides outside the area, I am a member of ATLA and will refer you to a qualified trial lawyer in her area.
Re: Car accident injuries - limited tort car insurance
First, money from a law suit is NEVER adequate compensation for losing your health, or worse, the health of a child. I hope your friend's injuries are minimal and her baby healthy.
Second, I must agree with what both Mr. Marvin and Mr. Henigan stated. When ever something /someone important is at stake, you should at least speak with an attorney EARLY. Don't wait. This way if there are any complications or problems, you already know what to do. This peace of mind is priceless when you are in a bad or tragic situation. If you are lucky, all you do is lose a little time.
Get your friend to FIND AN ATTORNEY. Litigation is NOT fun, and can make it difficult for people to get on with their lives, but sometimes it's necessary, so prepare!
Best of luck and good health to you,your friend, and her child.
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