Evaluating the value of a personal injury case is not a one-size-fits-all proposition. Any motor vehicle accident must be evaluated based upon the facts and circumstances of the particular case.
When it comes to motor vehicle accidents, liability is always the first matter to review. In rear-end collisions, the offending vehicle is almost always 100% at fault. There are some very narrow exceptions to this rule but, by and large, if you strike another vehicle in the rear then you are held 100% liable for the happening of the accident.
The two slight exceptions are if the vehicle that is struck in the rear is in reverse at the time of the accident or if the vehicle that is struck in the rear is parked in a lane of travel at the time of the accident. Under these circumstances, the vehicle that strikes the other vehicle in the rear may not be held liable.
However, assuming that you have been involved in a garden-variety hit in the rear accident, the question of what the case is worth almost always arises at the time of consultation with your attorney.
Rear-end collisions are easier to evaluate than most cases since a rear-end hit resolves liability in favor of the vehicle that was struck in the rear. However, it becomes more complicated when evaluating damages.
Many states evaluate damages based upon a permanent injury threshold. This permanent injury threshold allows for damages to be awarded to an injured plaintiff if they sustained serious and permanent personal injuries that restrict them from engaging in their activities of daily living. Some typical injuries that result from rear-end collisions include:
- Cuts and Lacerations
- Whiplash and Neck Injuries
- Broken Bones
- Traumatic Brain Injuries
- Spine and Back Injuries
Pennsylvania is a no-fault state. This means that your insurance is responsible for paying for your damages to a certain extent. Once that limit is reached, you can proceed with obtaining compensation from the other driver’s insurance.
Sometimes there are complicated legal questions and can only be answered at the time of consultation with an experienced personal injury attorney.
For more information contact The Pearce Law Firm, Personal Injury and Accident Lawyers, P.C.