Sep 042013

Most personal injury/accident cases boil down to two issues: 1. strength of liability and 2. the nature and extent of the physical injuries. In many car, motorcycle and truck accident cases in Pennsylvania, fault will be clear. The other driver may have run a red light or was driving drunk at the time of the accident. In these kinds of cases, the central issue will be the nature and extent of the physical injuries, as well as the medical treatment.

The Extent of Medical Treatment Affects Value in a Car, Motorcycle or Truck Accident Case in PA

The civil justice system determines the rights and responsibilities of parties by assigning a dollar amount to an injury. In a car, motorcycle or truck accident case in Pennsylvania, the ultimate arbiter of the case (i.e., judge, jury, mediator, etc.), will decide liability and then determine the amount owed to the injured party, if any.

Suggested Article: Determining Value in a Serious Car, Motorcycle or Truck Accident in Pennsylvania

In accident and injury cases, like car accident cases, the value of the case is determined by the extent of the injuries and resulting medical treatment.

Without medical treatment, subjective complaints of pain are difficult to present in an injury and accident case. That is because it is generally accepted that if a subjective complaint of pain is serious, the injured individual will seek medical treatment. Serious injuries generally require medical treatment, which for the most part, tends to be objective. For instance, an x-ray or MRI will show a fracture or spinal disc pathology.

The following are important factors related to medical treatment which affect the value of a car, motorcycle or truck accident case in PA.

1. Nature and Extent of Medical Treatment

The nature and extent of the medical treatment after the accident affect the value of case. Medical treatment varies, depending on the injuries. Surgeries, rehabilitation, therapy, psychological treatment, etc., may all be necessary. In some situations, complications may result. For instance, a broken or fractured bone may not heal properly (nonunion or malunion) and subsequent surgery may be necessary.

2. Need for Future Medical Treatment

In some cases, an injured individual will need future medical treatment. Pennsylvania law allows an injured party to make a claim for any reasonably necessary future medical treatment, such as surgery, therapy, medications, etc. In most cases, a medical doctor will need to offer proof that the patient/plaintiff will need future medical treatment.

3. Amount of Medical Bills

Depending on the type of case and the nature of the injuries, the injured individual may be left facing extensive medical bills. In car and truck accident cases in Pennsylvania, PIP payments exhaust quickly. In Pennsylvania motorcycle accident cases, injured riders are ineligible for PIP. Therefore, seriously injured riders can owe literally thousands of dollars. Under Pennsylvania tort or negligence principles, the injured party has a right to obtain payment from the party at fault.

More Pennsylvania Motorcycle Accident Articles:

Help After a Car, Motorcycle or Truck Accident in Pennsylvania

For more information, contact a Philadelphia, Pennsylvania car/motorcycle accident lawyer. Our lawyers have been helping those injured in accidents since 1984.

Schwartz & Blackman handles car and motorcycle accident cases in the Pennsylvania and New Jersey area:

  • PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
  • NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities

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