Wife and I were in a rollover accident in the State of Pennsylvania, other driver at fault. I have GA Insuance, He is from AL. How does system work?

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Wife and I were in a rollover accident in the State of Pennsylvania, other driver at fault. I have GA Insuance, He is from AL. How does system work?

We were taken by EMS to ER, released same day. Could not drive, flew home to GA. Our vehicle was totaled. How are Medical bills handled. We have had follow up dr visits with additional Med expenses. How would I determine a Pain & Suffering claim amount and should I present a demand letter. Accident happened 2 weeks ago.

Asked on June 27, 2009 under Accident Law, Georgia

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice law in the State of Pennsylvania, the general rule is that jurisdiction can be determined by a number of factors, including where the injury occurred, or where the parties reside.  Moreover, if the parties reside in different states it is also possible for a suit to be filed in federal court based on the doctrine of diversity of jurisdiction.  

With respect to the value of your claim, a number of factors also go into this determination, including but not limited to your medical bills, the severity of your injuries (have you had a "disability rating" assigned to your injuries?), any and all lost wages, loss of activities, etc.

I suggest that you consult with and/or retain a personal injury attorney to handle this claim.  Personal injury attorneys  usually work on a contingency basis, which means that it will not cost you any money up front -- the attorney will get paid out of a percentage of any money recovered.  The personal injury attorney will be in the best position to resolve any questions regarding jurisdiction and the value of your claim once the attorney has had the opportunity to meet with you and discuss your potential claim, and its unique facts and circumstances, in more detail.


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