Even though most accidents begin and end in the span of a few seconds, some traumatic accidents can result in devastating injuries that last for years or a lifetime. If someone else’s negligence caused your damages, you have the right to file a lawsuit against them.
Working with a Reading personal injury lawyer is essential to succeeding in a legal claim. Founding Partner Jon Ostroff and Managing Partner Rich Godshall have won millions of dollars for injured parties in various accident claims. Jon has been fighting for seriously injured victims throughout Berks County for 30 years.
For example, our firm recovered $10 million on behalf of a client who was rear-ended by a truck after running out of gas on a major PA highway. In another case, we won $1.2 million for a construction worker who suffered severe burn injuries while on the job. Past results don’t guarantee a similar outcome. Every case is different.
At Ostroff Godshall Injury and Accident Lawyers, we have the resources and experience to get you the compensation you need to get your life back on track.
Holding Another Party Accountable for an Accident in Reading
Personal injury claims are based on “negligence.” Under this legal theory, a person who causes you harm by acting in a reckless or careless way can be held financially responsible for the consequences of their actions.
There are four components to legal negligence, all of which must be present for a personal injury claim to be successful. First, you must show that the at-fault person owed you a “duty of care.” This is an implicit or explicit obligation to avoid causing your harm.
Next, you must show that the at-fault party violated their duty. A driver breaking a traffic law or a store owner failing to maintain their property are examples of violations of a duty of care.
You must also demonstrate that the other party’s breach of duty caused your accident. Finally, you need to prove that the accident directly caused your injuries and losses. A Reading personal injury attorney can help you prove all these elements of negligence in your personal injury case.
Laws That Apply to Personal Injury Claims
Various state statutes impact a personal injury case. For example, 42 Pennsylvania Consolidated Statutes §7102 requires civil juries assign a percentage of fault to each party. If you are deemed partially responsible for your accident, the court will reduce your financial compensation by your percentage of fault. If you are over 50% at fault for your accident, you cannot hold other parties liable to you.
Additionally, 42 PA Con. Stat. §5524 requires that an adult’s personal injury lawsuit must be filed within two years of the date of an accident. If you fail to file suit within this deadline, you will lose your right to recover compensation. As such, you should consult a seasoned lawyer as soon as possible after an accident.
Injury Cases We Handle in Reading
Our lawyers represent people hurt in many kinds of accidents in Reading and across Berks County, including:
Accidents in Reading and Berks County
Reading is the hub of Berks County, and some of the busiest roads in the region run through and around it. US 422, US 222, Route 12 and I-176, which connects to the Pennsylvania Turnpike, carry heavy commuter and truck traffic every day. In the city, busy roads like Penn Street, Lancaster Avenue and 5th Street see frequent rear-end, turning and pedestrian crashes.
After a crash in the city, the report is usually taken by the Reading Police Department, or by the Pennsylvania State Police on the highways. A personal injury lawsuit for an accident in Reading is generally filed in the Berks County Court of Common Pleas, which sits in downtown Reading. Our lawyers handle cases throughout Berks County, and we will come to you if you can’t get to us.
Pennsylvania Car Insurance After a Reading Crash
Pennsylvania drivers choose either full tort or limited tort coverage. With full tort, you can recover for pain and suffering after any crash someone else caused. With limited tort, you usually can’t recover pain and suffering unless your injury is “serious” under the law, though there are important exceptions, such as when the at-fault driver was drunk or driving a car registered out of state. Limited tort doesn’t always end your case, so have a lawyer look at it before you give up.
Your own auto policy also pays first-party medical benefits no matter who caused the crash. Every Pennsylvania policy must include at least $5,000 in medical benefits, and many people carry more.
Reading Personal Injury FAQs
How long do I have to file a personal injury lawsuit?
In most cases, two years from the date of the accident. If a government agency or vehicle was involved, such as a city bus, a city vehicle or a dangerous condition on a public road, you generally must give written notice within six months. Don’t wait to call a lawyer.
What if I was partly at fault?
You can still recover as long as you were not more at fault than the people you are suing. Your compensation is reduced by your share of the fault. If you were found more than 50% at fault, you can’t recover.
Should I talk to the other driver’s insurance company?
Be careful. The other driver’s insurer may ask for a recorded statement and use what you say to reduce your claim. You don’t have to give one, and it’s best to talk to a lawyer first.
Will my case go to court?
Most injury cases settle without a trial. If your case does go to court, it will usually be heard in Reading at the Berks County Courthouse, and we’ll prepare you and be with you at every step.
How much does it cost to hire your firm?
Nothing up front. We handle personal injury cases on a contingency fee, so you pay no attorney fee unless we recover money for you.
A Reading Personal Injury Attorney Could Help
Pursuing a personal injury case is never a simple process. It is always best to work with a reputable attorney. With Ostroff Godshall Injury and Accident Lawyers on your side, you can improve your chances of recovering fair compensation. Call us today to schedule your free consultation and get started.
