Some practitioners estimate the value of a personal injury case by multiplying the amount of special damages or economic damages by a factor of three (3), five (5) or even ten (10). This practice is archaic and seldom used. The truth is that there is no mathematical formula to precisely calculate the value of your personal injury case. Nonetheless, this should give you some idea of the factors which are important in valuing your case. Remember, every case is different and by no means should you rely on this list without consulting with an experienced personal injury attorney regarding the specific facts of your case.
When purchasing automobile insurance, you will have the option of selecting "limited tort" or "full tort". The option you select may have consequences down the road by potentially limiting the amount of damages you can recover. An easy way to remember the difference between limited tort and full tort is:
How do you know whether you are limited tort or full tort? Simply check your insurance policy declarations. Here is a sample insurance policy declarations form.
If you sustain injuries in an automobile accident in Pennsylvania and are covered by a policy of insurance wherein the limited tort option was selected, generally, your right to sue is limited to recovering for economic damages only. However, there are several exceptions.
3. If your claim is against a person in the business of designing, manufacturing, repairing, servicing or otherwise maintaining motor vehicles and the claim arises out of a defect in the motor vehicle which is caused by, or not corrected by, an act or omission in the course of such business.
4. If you are injured while an occupant of a motor vehicle other than a private passenger motor vehicle.
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.
No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards existing, nor at a speed greater than will permit the driver to bring his vehicle to a stop within the assured clear distance ahead.
Unless otherwise directed by a uniformed police officer or any appropriately attired person authorized to direct, control or regulated traffic, the driver of any vehicle shall obey the instructions of any applicable official traffic-control device placed or held in accordance with the provisions of this title, subject to the privileges granted the driver of an emergency vehicle in this title.
Vehicular traffic facing a steady red signal alone shall stop at a clearly marked stop line, or if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in subparagraph (ii).
Except when a special hazard exists that requires a lower speed for compliance with 75 Pa.C.S.A. §3361 (relating to driving vehicle at safe speed), no person shall drive a vehicle in excess of the maximum lawful speed limit.
As a general rule, any person who drives a vehicle in careless disregard for the safety of persons or property is guilty of careless driving which is a summary offense.
As a general rule, any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
Any person who unintentionally causes the death of another person as the result of a violation of 75 Pa.C.S.A. §3802 and who is convicted of violating 75 Pa.C.S.A. §3802 is guilty of a felony of the second degree when the violation is the cause of death and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than three (3) years. A consecutive three (3) year term of imprisonment shall be imposed for each victim whose death is the result of the violation of 75 Pa.C.S.A. §3802.
Any person who negligently causes serious bodily injury to another person as the result of a violation of 75 Pa.C.S.A. §3802 and who is convicted of violating 75 Pa.C.S.A. §3802 commits a felony of the second degree when the violation is the cause of the injury.
"Serious bodily injury" under this statute is defined as any bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
This offense is defined as: Any person who recklessly or with gross negligence causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic except 75 Pa.C.S.A. §3802, is guilty of homicide by vehicle, a felony of the third degree, when the violation is the cause of death.
As a general rule, the driver of any vehicle involved in an accident resulting in injury or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of 75 Pa.C.S.A. §3744 (relating to duty to give information and render aid).
This statute imposes different penalties depending on whether the accident victim dies or sustains serious bodily injury. "Serious bodily injury" is defined as any bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
As a general rule, the driver of a vehicle involved in an accident shall immediately by the quickest means of communication give notice to the nearest office of a duly authorized police department if the accident involves (1) injury or death of any person, or (2) damage to any vehicle involved to the extent that it cannot be driven under its own power in its customary manner without further damage to the vehicle, other traffic elements, or the roadway, and therefore requires towing.
As a general rule, if a police officer does not investigate an accident required to be investigated under 75 Pa.C.S.A. §3746, the driver of a vehicle which is in any manner involved in the accident shall, within five (5) days of the accident, forward a written report of the accident to the police department.
If a commercial motor vehicle overturns in an accident resulting from a violation of 75 Pa.C.S.A. §3361, 75 Pa.C.S.A. §3362, 75 Pa.C.S.A. §3714, or 75 Pa.C.S.A. §3802, the operator of the vehicle shall, upon conviction of ony of the aforementioned offenses, be sentenced to pay a fine of $2,000.00, in addition to any other penalty authorized by law.
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Comerota Law, P.C.
7 South Main St Suite 221
Wilkes Barre, PA 18701
Phone: (570) 408-9880
Fax: (570) 408-9881