Automobile and Motorcycle Accidents
Traffic accidents happen all the time upon the crowded roadways around Philadelphia, and some can be quite severe. When an automobile or motorcycle accident causes spinal cord injuries to a driver or passenger, the emotional and financial tolls are serious. A victim typically needs immediate treatment, surgery, and long-term care. Since he or she may also be out of work during rehabilitation, the financial impact can be devastating.
It is possible to recover for losses if you’ve suffered a spinal cord injury in a vehicle accident, but there are special rules that apply under Pennsylvania’s law on no-fault insurance. The attorneys at Cohen, Placitella, & Roth, P.C. in Philadelphia have extensive experience in the intricacies of the law, and can make sure you get the compensation you deserve.
State Law on Insurance Covering Spinal Cord Injuries in a Traffic Accident Case
Pennsylvania is one of a few states that applies a “no-fault” system in car and motorcycle cases. Under this concept, a person who is injured would approach his or her own insurance company to recover for losses due to a spinal cord injury. That individual could obtain up to the personal injury protection (PIP) limit, without considering fault or negligence in the incident.
Under the no-fault system, an injured person could still pursue a lawsuit against the responsible party, but only if the automobile or motorcycle accident caused “serious injury.” The law considers impairment of a bodily function, permanent injury, or significant disfigurement as serious. As most spinal cord injuries are quite severe in nature, it’s likely that you could pursue a cause of action to recover for damages.
Also, Pennsylvania drivers have the choice of going with traditional insurance coverage, which means that an injured person does not claim coverage under PIP; he or she could sue the other driver for negligence.
Statute of Limitations in Automobile and Motorcycle Accident Cases
Under state law, there is a limit on the time you have to file a lawsuit for spinal cord injuries due to a traffic accident. You must sue for damages within two years of the date of your injury in order to go forward with your case. If you fail to do so, you are forever barred from bringing a cause of action. There are certain narrow exceptions to the statute of limitations, but you should always consider time to be of the essence in a personal injury case.
Contact a Philadelphia Spinal Cord Injury About Your Automobile or Motorcycle Accident
Pennsylvania’s no-fault car insurance laws prevent recovery from the responsible party in a traffic accident unless there are serious injuries, but a spinal cord injury is almost always extremely severe. A skilled attorney will represent your interests in settlement negotiations with an insurance company, but will take the fight to court if necessary to pursue your right to compensation. For more information on spinal cord injuries caused by automobile and motorcycle accidents, please contact Cohen, Placitella, & Roth, P.C. Attorneys at Law. Our lawyers are happy to answer your questions or discuss your case at a free consultation.