What You Need to Know About Statutes of Limitations and Car Crashes
March 1st, 2018
By Dean I. Weitzman, Esq.
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Sometimes when people are involved a car crash, they don’t think much about it, perhaps not realizing they are even injured in the adrenaline rush of the moment.
Other times, injured parties are talked out of reporting their injuries from a vehicle crash by the driver of the vehicle, who doesn’t want to report the incident to their insurance company due to concerns about being hit with higher premiums.
That’s what happened to a recent client here at MyPhillyLawyer, who came to us after being hurt in a crash of a vehicle that was being driven by a friend a little more than a year ago. The woman was a passenger in the vehicle, which left a roadway and struck a pole, leaving her with a serious back injury.
Convinced by her friend, the at-fault driver of the vehicle, not to report her serious injuries to the driver’s auto insurance company, the woman went home in pain. She didn’t even go to a hospital emergency room after the crash.
The next day, writhing in pain she could no longer ignore, she went to her doctor after feeling numbness in her legs. Soon she was taken to a hospital emergency room where she was diagnosed with a lumbar disc injury and taken into surgery for treatment. Her hospital stay and on-going medical treatment was paid for by her health insurance carrier, and not by the driver’s vehicle coverage.
Now, more than a year after the crash that left her seriously injured with on-going medical problems and medical bills that continue to pile up, the woman came to MyPhillyLawyer for help. She couldn’t deal with the severe pain she has been experiencing since the crash and she now wants to be compensated for her on-going treatment, pain and suffering, as well as for her diminished quality of life that was caused by someone else.
In this auto crash case, the woman can pursue her claim because Pennsylvania has a two-year statute of limitations for such incidents. That means that as long as she filed her legal action in court within two years of the original crash, she is eligible to sue for damages.
Other civil cases in Pennsylvania also fall under two-year statutes of limitations, including personal injury, medical malpractice, product liability and wrongful death claims.
This woman’s experience is an eye-opening reminder for anyone who is seriously injured in a car crash or other incident and failed to immediately pursue a legitimate claim for their injuries and damages for a myriad of reasons. In many cases, plaintiffs have up to two years to file an original claim for damages, which protects and preserves their legal rights.
In this case, our client is now moving ahead with pursuing her claims and sorting out the medical coverage she has received so that the driver’s insurance company can make good on her claims and help put her back on the path to better health.
If you are ever injured in such an incident, don’t give up your rights and be pressured into avoiding a claim. Instead, go and consult with an attorney who can represent your interests and ensure that your injuries are reported and that competent medical treatment is immediately started. Your legal rights are important and knowing the statute of limitations in such cases protects your future compensation rights.
We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in any kind of vehicle incident anywhere in the United States. We pledge to make sure that you and your family get the compassionate, dogged and experienced legal representation that you deserve and expect from a professional legal team which works hard to uncover every fact to bolster your case and maximize your damage award.
We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.
Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-(866) 352-4572 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.
When Winning Matters Most, Call MyPhillyLawyer.