Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
1. Understand Comparative Negligence in Pennsylvania
Pennsylvania follows a modified comparative negligence rule, meaning you can recover damages only if you are less than 51% at fault. Your award is reduced by your percentage of fault. See 42 Pa.C.S. § 7102 (link).
2. Gather and Organize Evidence
- Police and Accident Reports: Obtain the official crash report to establish basic facts.
- Medical Records: Document injuries, treatment plans, and prognosis to support your damages.
- Photographs and Videos: Capture vehicle damage, visible injuries, and scene conditions.
- Witness Statements: Secure signed statements or recorded interviews from bystanders.
3. Accurately Calculate Your Damages
Include both economic and non-economic losses:
- Economic Losses: Medical expenses, rehabilitation costs, lost wages, and property damage.
- Non-Economic Losses: Pain and suffering, emotional distress, and loss of enjoyment of life.
Use a spreadsheet or damages calculator to itemize each cost. Having clear numbers strengthens your negotiating position.
4. Prepare a Demand Package
Before formal negotiations, send a written demand letter that includes:
- Statement of Facts: A concise narrative of how the accident happened.
- Liability Argument: Cite evidence and applicable law, such as the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. §§ 1701–1799.4 (link).
- Damage Itemization: Attach medical bills, repair estimates, and wage statements.
- Settlement Demand: State a reasonable dollar amount and a deadline for response (e.g., 30 days).
5. Leverage Pre-Suit Mediation or Arbitration
Pennsylvania courts and insurers often encourage early mediation. Voluntary mediation can spotlight liability issues and expedite a resolution. Check your insurer’s internal guidelines and the local court’s mediation programs.
6. Negotiate Strategically
- Anchor Your Demand: Start with a slightly higher figure to allow negotiation space.
- Counter Offers: Respond promptly to offers. Reiterate strengths of your case when declining lowball offers.
- Use Deadlines: Impose reasonable time limits to encourage timely responses.
- Highlight Risk: Emphasize the uncertainty and cost of going to trial, especially if fault is disputed.
7. Know When to Walk Away
If settlement offers fail to cover your non-economic losses or medical costs, be prepared to proceed to litigation. Filing within Pennsylvania’s two-year statute of limitations for personal injury (42 Pa.C.S. § 5524) preserves your rights ( CALL a Pennsylvania Personal Injury Attorney