Auto Accident Injury Law

Auto Accident Law Firm

What is a No-Fault State?

No-fault states are states that require motorists to have a minimum amount of personal injury protection insurance coverage. Some no-fault states may also require drivers to have property damage liability and bodily injury coverage. When a driver in a no-fault state is involved in a motor vehicle collision they will file an insurance claim with their insurance provider to recover compensation that will cover the cost of their medical bills and a portion of their lost wages, if they miss work due to their injuries.

What is Personal Injury Protection (PIP) Insurance?

When a driver is involved in an auto accident in a no-fault state, recovering compensation requires filing an auto insurance claim with their insurance provider.
Under PIP coverage, a car accident victim can recover compensation for medical bills to treat the injuries they sustained in the accident, regardless of which driver was at fault.
After a motor vehicle collision, PIP covers the following types of damages if a driver is injured in a car accident:

• Medical and rehabilitation expenses.
• Loss of income (typically up to 80%).
• Other reasonable expenses.

In many cases, no-fault insurance will have a maximum coverage limit of $50,000 per person.

Does PIP Insurance Cover Non-Economic Damages?

PIP insurance does not cover the cost of non-economic damages, such as pain and suffering and emotional distress. No-fault states allow a car accident victim to go outside the no-fault system and file a personal injury lawsuit against the negligent driver if they suffered a serious injury that required medical treatment that exceeded their PIP coverage.

In some no-fault states, the injured driver can opt out of the no-fault system and file a personal injury lawsuit to pursue economic and non-economic damages.

Filing a Car Accident Lawsuit in a No-Fault State

If the damages sustained in an auto accident include permanent or severe injuries and the treatment required exceeds the PIP policy amount, the injured party may be eligible to file a lawsuit against the negligent driver.

What is Considered a Serious Injury?

Only certain injuries are considered serious enough to warrant litigation. What is considered a serious injury can vary from state to state.

In some cases, the following types of injuries will qualify as a serious injury under state law:

• Death.
• Loss of a fetus.
• Significant disfigurement or scarring.
• The permanent loss of use of a body organ, member, or system.

To determine whether the injuries you sustained in a car crash meet the serious injury threshold, speak with a car accident lawyer at Parker Waichman LLP. We can meet with you to evaluate your case and determine if you’re eligible to pursue compensation in court.

How Can a Car Accident Attorney Help?

If you were involved in an auto accident and suffered a serious injury, you may be entitled to compensation if your medical costs exceed your personal injury protection coverage. When you meet with a car accident lawyer at Parker Waichman LLP, they can review your case to determine whether you should file a lawsuit and pursue compensation from the negligent driver in court. If you have a valid case, your car accident attorney can help during this challenging time by:

Investigating the accident

Gathering evidence

Interviewing witnesses

Consulting with experts

Filing a lawsuit

Handling all communication with the defense attorney

Representing you in mediation

Representing you in mediation

Representing you in court

Filing a Lawsuit

While pursuing your car accident lawsuit, you can expect a Parker Waichman attorney to:

Our experience and knowledge enable us to provide a real benefit to our clients in and out of the courtroom. With an attorney from Parker Waichman on your side, you’ll be better prepared to successfully resolve your case and address any challenges or obstacles that may prevent or delay you from receiving compensation.