West Chester & Chester County Car Accident Lawyer

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A car accident can change your life in seconds. Between medical appointments, missed work, car repairs, and calls from insurance adjusters, it is hard to know where to turn. At Janoski Law, we help people injured in auto accidents in West Chester, throughout Chester County and the surrounding Pennsylvania counties, and in New Jersey understand their options and pursue the compensation they may be entitled to under the law.

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Every crash is different, and so are the insurance and legal issues that come with it. Pennsylvania's auto insurance rules, including the choice between full tort and limited tort coverage, can have a major effect on your claim. Attorney Maria C. Janoski, Esquire can review what happened, explain how those rules apply to you, and deal with the insurance companies so you can focus on your recovery.

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Call 610-679-9031 or request a free consultation. There is no cost and no obligation.

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What to Do After a Car Accident in Pennsylvania

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What you do in the hours and days after a crash can protect both your health and your claim.

1. Get to safety and call 911. Report any injuries and have the police respond, even if the crash seems minor. A police report creates an official record of what happened.

2. Get medical attention right away. Concussions, whiplash, and internal injuries do not always cause symptoms immediately. Prompt treatment protects your health and creates the medical record that insurers will look for.

3. Document the scene. Take photos of the vehicles, the road, traffic signs, and your injuries. Collect names, phone numbers, and insurance information from other drivers, passengers, and witnesses.

4. Notify your own insurance company. Most policies require prompt notice. Before you give a recorded statement to any insurer, especially the other driver's, talk with an attorney.

5. Keep your records. Save medical bills, repair estimates, pay stubs, and a short journal of your symptoms and how the injury affects your daily life.

6. Stay off social media. Insurance companies review posts and photos, and a casual comment can be used against you.

7. Talk to a lawyer before you accept a settlement. Early offers often do not reflect the cost of long-term treatment or lost earning capacity.

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Types of Auto Accident Claims We Handle

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Different vehicles and circumstances create different legal and insurance challenges. We help clients with claims arising from:

• Rear-end collisions. These often cause neck, back, and spinal injuries, including whiplash. Fault may seem clear, but insurers still dispute the extent of injuries and the treatment you need.

• Head-on collisions. High-impact crashes frequently cause serious injuries, and the investigation often focuses on why a vehicle left its lane.

• Motorcycle accidents. Riders have little protection and often face unfair assumptions about fault. Insurance coverage questions can be more involved, so every available policy should be reviewed.

• Trucking accidents. Claims involving commercial trucks can involve the driver, the trucking company, and other parties, along with federal safety rules and company records.

• Public transportation accidents, including SEPTA buses and trains. Claims against public transit agencies can carry special notice requirements and shorter deadlines than ordinary car accident claims, so it is important to act quickly.

• Drunk driving accidents. Injuries caused by an intoxicated driver can change how your claim is evaluated under Pennsylvania's limited tort rules. In some cases, additional parties may also be responsible.

• Distracted driving accidents. Texting, phone use, and other distractions are a common cause of crashes. Phone records and other evidence can help show what the driver was doing.

• Hit-and-run accidents. If the driver who hit you cannot be found, uninsured motorist coverage on your own policy may be available.

• Rollover accidents. These crashes often cause severe injuries and can raise questions about the vehicle itself as well as the driver.

• Accidents involving motorized bikes. Insurance coverage for motorized bikes and similar vehicles can be unclear, which makes an early review of your options important.

• Recreational vehicle (RV) accidents. Large vehicles can cause significant damage, and RV insurance policies often differ from standard auto policies.

• Mechanical failure and defective vehicles. If a crash was caused by a repair error or a defect in your vehicle, you may have a claim against the repair provider or the manufacturer. Claims against manufacturers are product liability cases, which are often complex and require showing that the vehicle was defective.

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If you were hurt in a different kind of accident, see our pages on slip and fall accidents and dog bite injuries.

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Common Injuries in Car Accidents

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Injuries from a car accident range from minor to life-changing, and some do not show up for days. Common injuries include:

• Whiplash and other neck and back injuries

• Herniated discs and spinal cord injuries

• Broken bones and joint injuries

• Concussions and traumatic brain injuries

• Internal injuries and bleeding

• Cuts, burns, and scarring

• Emotional trauma, including anxiety and post-traumatic stress

The right diagnostic testing, such as X-rays, MRIs, and CT scans, helps confirm the extent of an injury. This matters for your health, and it can also decide whether your claim meets the legal standard for a serious injury under Pennsylvania law.

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Pennsylvania Auto Insurance: Full Tort vs. Limited Tort

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Under Pennsylvania law, drivers choose between full tort and limited tort auto insurance. That choice can have a major effect on what you can recover after a crash.

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What full tort covers

Full tort coverage allows an injured person to recover damages for pain and suffering in addition to medical expenses and lost wages.

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What limited tort covers

Limited tort policies usually cost less, but they restrict your right to recover for pain and suffering. With limited tort, you can recover medical expenses and lost wages. To recover for pain and suffering, you must show a "serious injury" or that your claim falls under one of the exceptions to limited tort.

Under Pennsylvania law, a serious injury is one that results in death, serious impairment of a bodily function, or permanent serious disfigurement. Proving a serious injury often depends on getting the appropriate diagnostic testing and medical documentation.

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Exceptions to limited tort

You may still be able to recover for pain and suffering despite choosing limited tort in some situations, such as when:

• You were injured by an intoxicated driver

• You were injured by a vehicle registered outside Pennsylvania

• You were injured as a pedestrian

If you have limited tort coverage, you can still make a claim. It is important to work with an experienced attorney who can evaluate your claim and gather the evidence needed to support it. If you are not sure which option you chose, your policy's declarations page will show it, and we can help you review it.

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First-party medical benefits

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Every Pennsylvania auto policy must include at least $5,000 in first-party medical benefits. These benefits help pay your own medical bills after a crash regardless of who caused it. Higher limits are available, and the right amount can matter if your injuries require extended treatment.

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How Fault Affects Your Car Accident Claim in Pennsylvania

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Pennsylvania follows a modified comparative negligence rule, often called the 51% rule. You can still recover compensation if you were partly at fault for the accident, but your recovery is reduced by your percentage of fault. If you are found 51% or more at fault, you cannot recover damages.

For example, if a jury finds that your damages total $100,000 and that you were 20% at fault, your recovery would be reduced to $80,000.

Because even a small shift in fault can affect your claim, insurance companies sometimes try to place more blame on the injured person. Evidence from the scene, witness statements, and medical records can help protect you from unfair fault arguments.

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Pennsylvania Car Accident Deadlines

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Pennsylvania generally gives you two years from the date of the accident to file a lawsuit for injuries from a car accident. If you miss this deadline, you may lose your right to compensation permanently.

Claims involving a government entity, such as a public transit agency or a municipality, can have much shorter notice requirements. Because these deadlines depend on the facts of your case, it is best to speak with an attorney as soon as possible after a crash.

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Compensation You May Be Able to Recover

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The compensation available depends on the facts of your case, your insurance coverage, and the tort option you selected. It may include:

• Past and future medical expenses

• Lost wages and loss of earning capacity

• Pain and suffering and loss of enjoyment of life (subject to the limited tort rules above)

• Property damage, including vehicle repair or replacement

• Compensation for scarring or disfigurement

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If a loved one died in a crash, family members may also have the right to bring a wrongful death claim.

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Why Work With Janoski Law

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When you are injured in a crash, you should not have to take on the insurance companies alone. When you work with Janoski Law, you can expect:

• A local West Chester firm. We know Chester County roads, courts, and insurers.

• Direct attorney involvement. Maria C. Janoski, Esquire is involved in your case, not just handed off to a staff member.

• Clear explanations. We walk you through Pennsylvania's insurance rules, including full tort and limited tort, in plain language.

• Handling of the insurance companies. We communicate with adjusters on your behalf so you can focus on treatment and recovery.

• A free consultation. There is no cost and no obligation to find out where you stand.​

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Read what past clients have said on our reviews page, or learn more about our recognition.

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Serving West Chester and All of Chester County

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Our office at 104 South Church Street in West Chester serves people injured in car accidents throughout Chester, Delaware, Montgomery, and Lancaster Counties. In Chester County, that includes West Chester, Downingtown, Exton, Malvern, Kennett Square, Phoenixville, Coatesville, and the surrounding communities. We also serve Delaware County (Media, Chester, Upper Darby, Haverford, Radnor, and Ridley Park), Montgomery County (Norristown, King of Prussia, Lansdale, Pottstown, Horsham, and Conshohocken), and Lancaster County (Lancaster, Lititz, Ephrata, Elizabethtown, Manheim, and Columbia). We handle crashes on local roads and major routes such as Route 202, Route 100, Route 30, and Route 322, as well as on the Pennsylvania Turnpike.

 

Attorney Maria C. Janoski also practices in New Jersey. New Jersey's auto insurance and injury laws differ from Pennsylvania's, so the rules described on this page apply to Pennsylvania accidents. If your crash happened in New Jersey, call us to discuss your options.

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Talk to a West Chester Car Accident Lawyer Today

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If you or someone you love was injured in a car accident, get answers before you talk to the insurance company. Call 610-679-9031 or contact us online to request a free consultation.

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Janoski Law
104 South Church Street, 3rd Floor
West Chester, PA 19382
Tel: 610-679-9031
Fax: 484-631-0537
lawyers@janoski-law.com

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FAQ

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How long do I have to file a car accident lawsuit in Pennsylvania?

Most car accident injury lawsuits in Pennsylvania must be filed within two years of the accident date. Claims against government entities, including public transit agencies, can require written notice much sooner. Missing a deadline can permanently bar your claim, so it is best to speak with an attorney quickly.

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What is the difference between full tort and limited tort in Pennsylvania?

Full tort lets you recover for pain and suffering in addition to medical expenses and lost wages. Limited tort usually costs less, but you can recover pain and suffering only if you have a serious injury or an exception applies. Medical expenses and lost wages remain recoverable under either option.

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Can I still recover if the accident was partly my fault?

Often, yes. Pennsylvania follows a modified comparative negligence rule. You can recover as long as you are not found 51% or more at fault, and your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover damages.

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Does my own insurance pay my medical bills after a crash?

Pennsylvania auto policies must include at least $5,000 in first-party medical benefits, which help pay your own medical bills regardless of who caused the crash. Many people need more than that, so higher limits, health insurance, and a claim against the at-fault driver may also be part of the picture.

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Should I talk to the other driver's insurance company?

You should be careful. The other driver's insurer works to protect its own policyholder and limit what it pays. Before you give a recorded statement or sign any release, speak with an attorney who can explain how your words may affect your claim.

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What if the driver who hit me was uninsured or left the scene?

You may be able to recover through the uninsured motorist (UM) or underinsured motorist (UIM) coverage on your own policy, if you have it. Report the crash to the police as soon as possible and have an attorney review your policy.

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How much is my car accident claim worth?

The value of a claim depends on the severity of your injuries, your medical costs, time missed from work, how fault is assigned, the available insurance coverage, and whether you chose full tort or limited tort. An attorney can review these factors after your medical condition is clear. No lawyer can promise a specific result.

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Do I need a lawyer after a car accident in West Chester?

It is a good idea to get legal advice if you were injured, if fault is disputed, if the insurance company is denying or undervaluing your claim, or if a commercial vehicle, public transit, or government entity was involved. Janoski Law offers a free consultation, with no cost and no obligation.