Have you been injured in a car accident in Harrisburg, Pennsylvania? The aftermath of a car crash can be overwhelming, bringing physical pain, emotional distress, mounting medical bills, lost income, and significant disruption to your life. At Schmidt Kramer, we understand the challenges you face. Our experienced and dedicated Harrisburg accident lawyers are committed to helping car accident victims navigate the legal complexities and secure the fair compensation they deserve to rebuild their lives.
“Thank you again for all your diligence, generosity, and help. Words cannot express the gratitude my family feels…” – Schmidt Kramer Client
We provide accident victims with a free, no-obligation consultation to discuss your legal options. Our proven track record includes substantial settlements for car accident victims, such as a $500,000 settlement for leg fractures, $475,000 for serious injuries from a tractor-trailer collision, and $250,000 for injuries caused by an uninsured motorist. We operate on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for you.
Our Harrisburg office is conveniently located at 209 State Street, easily accessible from the Pennsylvania State Capitol Complex and the Dauphin County Sheriff’s Department.
If you need an accident lawyer in Harrisburg, contact Schmidt Kramer today at (717) 888-8888 to learn how we can assist you.
How a Harrisburg Accident Lawyer Can Help After a Car Crash
Studies show that car accident victims who hire legal representation often recover significantly more financial compensation than those who attempt to handle claims on their own. Engaging an accident lawyer in Harrisburg from Schmidt Kramer offers numerous advantages:
Thorough Accident Investigation
Our legal team will conduct a comprehensive investigation into your car accident. This includes meticulously reviewing your account of the incident and injuries to build a strong foundation for your compensation claim. We may also visit the accident scene to gather firsthand information. If surveillance footage from nearby cameras exists, we will take steps to obtain it.
Furthermore, we will procure and analyze your medical records, including test results, MRI and X-ray images, prescription details, initial doctor’s notes, and specialist reports. This detailed review helps us fully assess the extent of your injuries and the overall value of your claim. We aim to secure compensation not only for your economic losses like medical expenses and lost wages but also for non-economic damages such as pain and suffering and loss of life enjoyment. When necessary, we collaborate with medical experts to fully understand the long-term impact of your injuries.
Expert Negotiation with Insurance Companies
Our Harrisburg accident lawyers possess extensive experience in dealing with insurance companies. We are adept at protecting your interests throughout the claims process.
“Your firm did an excellent job with my case! Thanks again for everything.” – Amanda B.
From the moment you report your accident, we are prepared to manage all communications with the insurance company on your behalf. We will provide them with necessary documentation, including medical records and police reports, to support your claim.
Insurance companies may request recorded statements or written statements about the accident. We will carefully evaluate these requests and advise you against agreeing if it is not in your best interest. We will also handle all settlement negotiations, meticulously evaluating your claim to determine a fair and just compensation amount.
Litigation When Necessary
When choosing an accident lawyer, it’s crucial to select one with courtroom experience and a willingness to litigate when necessary. While many car accident cases are settled through insurance negotiations, sometimes filing a lawsuit is the only way to achieve fair compensation.
The accident lawyers at Schmidt Kramer in Harrisburg are seasoned litigators prepared to take your case to court. We are unafraid to reject inadequate settlement offers from insurance companies because we are ready to advocate for you in court. Often, simply having a lawyer with a strong courtroom reputation can compel an insurance company to offer a more reasonable settlement.
Guidance and Support Throughout Your Claim
At Schmidt Kramer, we are committed to providing responsive and informative service to our clients, keeping you updated on the progress of your claim.
We will also advise you on how you can actively support your case. For example, we will emphasize the importance of attending all medical appointments and adhering to prescribed treatment plans. Neglecting medical treatment can significantly undermine a car insurance claim.
Our Harrisburg auto accident lawyers often recommend maintaining a journal to document your injuries, their impact on your daily life, and your response to treatment. This can include details about physical and emotional pain, the effect on your relationships, and any loss of enjoyment of life. It is also important to keep records of lost income due to your injuries, which we will use to pursue wage loss compensation.
Submit our Case Evaluation form to learn more about how we can help.
Pennsylvania’s Statute of Limitations for Car Accident Lawsuits
It is crucial to file an insurance claim promptly after a car accident. Insurance companies may have internal deadlines for claim submissions.
Furthermore, timely action is essential to allow your attorney sufficient time to prepare and file a lawsuit if a fair settlement cannot be reached with the insurance company. Personal injury lawsuits, including car accident cases, in Pennsylvania are subject to a two-year statute of limitations (Pennsylvania Consolidated Statutes Section 5524).
This statute dictates that you have two years from the date of the accident to file a lawsuit. Failing to do so within this timeframe permanently forfeits your right to sue. Our Harrisburg car accident attorneys are skilled in managing insurance claims while simultaneously preparing for potential litigation within the statute of limitations.
Contact us today at (717) 888-8888 to discuss your case.
Understanding Pennsylvania Car Insurance Requirements
Pennsylvania operates under a no-fault insurance system. This means that, regardless of fault, car accident victims initially seek compensation from their own car insurance policies.
Pennsylvania law mandates that all drivers carry medical benefits coverage as part of their car insurance (coverage with their car insurance). This coverage, with a minimum of $5,000, covers medical expenses for injury treatment and rehabilitation. According to Pennsylvania Consolidated Statutes Section 1712(1), this includes:
- Hospital services
- Dental care
- Surgical procedures
- Psychiatric treatment
- Psychological services
- Osteopathic care
- Ambulance services
- Chiropractic care
- Licensed physical therapy
- Nursing services
- Vocational rehabilitation and occupational therapy
- Speech pathology and audiology
- Optometric services
- Medications
- Medical supplies and prosthetic devices
Pennsylvania drivers are also required to have:
- Bodily injury liability coverage: Minimum $15,000 per person and $30,000 per accident for injuries to others.
- Property damage liability coverage: Minimum $5,000 for damage to another driver’s property.
Optional coverages that can provide additional compensation include:
- Collision coverage: Pays for damage to your vehicle from a collision with another vehicle.
- Income loss coverage: Covers 80% of lost gross income due to accident injuries.
- Uninsured/underinsured motorist coverage: Protects you if you are hit by an uninsured driver or one with insufficient coverage. This also applies to hit-and-run accidents but does not cover property damage.
Full Tort vs. Limited Tort Coverage in Pennsylvania
When purchasing car insurance in Pennsylvania, you must choose between full tort and limited tort coverage. This choice significantly impacts your right to sue for car accident damages.
Limited Tort Coverage
Limited tort coverage typically offers lower premiums, but it restricts your right to sue for pain and suffering damages. The exception is if you sustain a serious injury, defined under Pennsylvania Consolidated Statutes Title 75 Chapter 17 Subchapter A Sec. 1702 as one resulting in death, serious disfigurement, or significant impairment of a bodily function. Even with limited tort, you retain the right to sue for medical expenses and other out-of-pocket costs. Our Harrisburg accident lawyers can evaluate your injuries to determine if you may still be eligible to sue for pain and suffering despite having limited tort coverage.
Full Tort Coverage
Full tort coverage grants you the unrestricted right to sue for all accident-related damages, regardless of injury severity. While premiums may be higher, this option provides significant legal protection. Our auto accident attorneys in Harrisburg can review your coverage and accident circumstances to advise you on the best course of action.
For legal guidance, call us at (717) 888-8888.
Proving Negligence in a Harrisburg Car Accident Lawsuit
To win a car accident lawsuit, you must establish four key elements of negligence:
Duty of Care
This legal principle requires individuals to act reasonably to prevent harm to others. For drivers, this includes obeying traffic laws and avoiding dangerous behaviors like distracted or reckless driving, which pose unreasonable risks to others on the road. A skilled Harrisburg accident lawyer can assess the specific duty of care applicable to your accident.
Breach of Duty of Care
Next, you must demonstrate that the duty of care was violated. A traffic law violation, such as speeding or running a red light, can serve as strong evidence of a breach. A police report documenting such violations can be particularly helpful in proving this element.
Causation
Your Harrisburg car accident lawyer must establish a direct link between the breach of duty and your injuries. This means showing that your injuries would not have occurred had the other driver upheld their duty of care. For instance, being hit by a driver who ran a stop sign directly demonstrates a breach of duty and causation. Opposing counsel may attempt to argue that your injuries stem from pre-existing conditions. To counter this, we will gather your pre-accident medical records to establish the accident as the direct cause of your injuries.
Damages
Finally, you must prove you suffered damages, both economic and potentially non-economic, due to the accident. Economic damages are quantifiable financial losses, including:
- Medical bills
- Lost wages
- Property damage
- Diminished earning capacity
Non-economic damages, such as pain and suffering, are less tangible but equally valid forms of compensation. We will utilize various forms of evidence, including photographs, medical records, and personal accounts from you and your family, to effectively demonstrate these damages. The experienced car accident attorneys in Harrisburg at Schmidt Kramer are adept at building strong cases and aggressively pursuing the full compensation our clients deserve.
Complete a Free Case Evaluation form or call (717) 888-8888 for assistance.
Comparative Negligence in Pennsylvania Car Accident Cases
In many car accident cases, victims may bear some degree of fault. For example, you might have been speeding slightly when another driver ran a red light and hit you. Pennsylvania’s comparative negligence law (Pennsylvania Consolidated Statutes Section 7102) addresses these situations.
If you are found to be 51% or more at fault for the accident, you are barred from recovering any compensation. However, if your fault is less than 51%, you can still recover damages, but your compensation will be reduced proportionally to your percentage of fault. For instance, a $100,000 award would be reduced to $60,000 if you were 40% at fault. In multi-vehicle accidents, liability is similarly apportioned based on each party’s percentage of fault.
Pennsylvania’s comparative negligence law applies to insurance claims as well. Insurance companies often attempt to minimize payouts by exaggerating your degree of fault. This is why having a Harrisburg car accident attorney from Schmidt Kramer is crucial. We will thoroughly investigate your accident to ensure your fault is accurately assessed and not unfairly inflated.
Schedule a free consultation at (717) 888-8888 to discuss your situation.
Common Types of Car Accident Cases We Handle
Our attorneys represent victims in a wide range of car accident types occurring on Pennsylvania roads, including:
- Rear-end collisions: Can cause serious injuries like whiplash and back injuries, often due to distracted or inattentive driving.
- Multi-vehicle pileups: Complex accidents often on highways, requiring extensive investigation and coordination.
- Head-on collisions: Frequently occur at intersections and can result in severe injuries or fatalities.
- Rollover accidents: More common with larger vehicles and can lead to catastrophic injuries.
- Sideswipe collisions: Can cause loss of control and subsequent, more serious accidents.
- Side-impact collisions: Especially dangerous for the occupants of the struck vehicle, even with safety features.
- Hit-and-run accidents: Require diligent investigation to identify the at-fault driver and pursue compensation.
- Drunk-driving crashes: Often result in severe injuries due to impaired driver judgment and reaction time.
- Distracted-driving crashes: Increasingly common due to cell phone use and other distractions.
- Drowsy-driving accidents: Particularly dangerous, especially at night, leading to impaired driving ability.
Our Harrisburg auto accident lawyers are prepared to handle these and many other types of car accident cases, leveraging our deep understanding of auto accident law to aggressively advocate for our clients.
Contact our car accident lawyers today at (717) 888-8888.
Steps to Take Immediately After a Car Accident
The moments and hours after a car accident are critical. Knowing what to do can protect your well-being and legal rights. Follow these steps:
1. Ensure Safety First
If possible and safe, move your vehicle to a secure location away from traffic, especially on highways. Activate your hazard lights to warn other drivers. Use cones or flares if available.
2. Seek Medical and Police Assistance
Call 9-1-1 immediately if anyone is injured, even if injuries seem minor. Some injuries may not present symptoms immediately. Prompt medical attention is crucial for your health and your legal case, as it establishes a clear link between the accident and your injuries. Delaying medical care can raise suspicion with insurance companies.
Calling 9-1-1 will also dispatch police to the scene. The police report is a vital piece of evidence, providing an official record of the accident, including the officer’s assessment of fault. You can obtain a copy of the crash report online or by mail (application to request a copy) from the Pennsylvania State Police, as permitted under Section 3751 of the Pennsylvania Vehicle Code.
3. Gather Accident Scene Evidence
If you are able and it is safe to do so, collect evidence at the scene while waiting for help:
- Write down a quick recollection of the accident.
- Take photos of your injuries and any injuries to others in your car.
- Photograph vehicle damage.
- Capture images of road conditions or contributing factors.
- Obtain contact information and statements from witnesses.
- Record vehicle makes and models.
- Exchange insurance information with the other driver.
- Get the other driver’s name.
Collecting evidence immediately strengthens your claim. Waiting can result in lost opportunities to document crucial details. Schmidt Kramer’s legal team can assist in gathering further necessary information if you are unable to collect it yourself.
4. File an Insurance Claim Promptly
Always file an insurance claim as soon as possible after an accident to demonstrate the seriousness of your claim and avoid missing any deadlines.
Remember, the insurance company is not automatically on your side.
Delaying your claim may lead the insurance company to question the severity of your injuries. Be cautious about what you say when reporting the accident. Provide basic facts like date, time, and location, and mention if you received medical treatment. Avoid speculating about fault or injury severity. Insurance companies can access your medical records for injury details, and inadvertently saying too much can negatively impact your claim.
Contact Our Experienced Harrisburg Accident Lawyers Today
If you have been injured in a car accident, contact Schmidt Kramer for answers and to understand your legal rights. Our accident lawyers in Harrisburg are ready to help you pursue the compensation you deserve for your losses.
We work on a contingency fee basis – you pay no fees unless we recover compensation for you. We offer a free, no-obligation consultation to discuss your accident and explore your options. While compensation cannot undo the accident, it can provide crucial support to help you move forward. Learn more about how our reputable attorneys can assist you.
Free Consultation. No Upfront Fees. Call (717) 888-8888 now.
