The sound of crunching metal, the sudden jolt, the deployment of airbags—a car accident is a terrifying experience that disrupts your life in a matter of seconds. In the days and weeks that follow, the physical pain of your injuries is often rivaled by the overwhelming stress of mounting medical bills, lost wages, and aggressive phone calls from insurance adjusters.
As you try to navigate this chaos, a very common and critical question likely crosses your mind: “Should I sue after a car accident?”
It is a heavy question. For most people in Scranton and throughout Northeast Pennsylvania, the idea of “suing” someone sounds intimidating, expensive, and stressful. You might just want your car fixed, your medical bills paid, and your life to return to normal.
At The Moran Law Group, we understand exactly how you are feeling. We have spent over 50 combined years helping injury victims put their lives back together. Our philosophy is simple: Not Just a Client… You Are Family. We believe you shouldn’t have to navigate the complex legal system alone while you are trying to heal.
To help you make an informed decision about your future, let’s break down the difference between filing an insurance claim and filing a lawsuit, how Pennsylvania’s specific auto laws impact your rights, and how to know when taking legal action is the only way to get the justice you deserve.
The Reality: Filing a Claim vs. Filing a Lawsuit
The first thing to understand is that hiring a personal injury attorney does not automatically mean you are going to court. In fact, the vast majority of car accident cases are resolved without a lawsuit ever being filed. There is a distinct difference between pursuing a claim and initiating litigation.
Phase 1: The Insurance Claim
When you hire an attorney after a crash, the first step is almost always to file a third-party insurance claim against the at-fault driver’s insurance company.
During this phase, our legal team investigates the crash, gathers the police reports, collects your medical records, and builds a comprehensive “Demand Package.” We present this evidence to the insurance adjuster and demand a specific financial settlement to cover your economic and non-economic losses.
If the insurance company acts reasonably and agrees to a fair settlement, the case ends here. You get your compensation, and no lawsuit is ever filed.
Phase 2: The Lawsuit (Litigation)
A lawsuit is a formal civil action filed in a court of law. We only advise filing a lawsuit when the insurance claim process breaks down. If the insurance company refuses to negotiate fairly, denies that their driver was at fault, or offers a “lowball” settlement that won’t even cover your basic medical needs, we take the gloves off.
Filing a lawsuit moves the decision-making power out of the hands of a biased insurance adjuster and places it into the hands of a judge and jury.
When Is It Necessary to File a Lawsuit?
While we always strive to secure a maximum settlement as quickly and painlessly as possible, there are several scenarios where suing after a car accident becomes absolutely necessary.
1. The Insurance Company Refuses a Fair Settlement
Insurance companies are massive, profit-driven corporations. Their primary goal is to minimize payouts to protect their bottom line. They frequently use software programs to spit out artificially low settlement values. If the insurer refuses to recognize the true extent of your injuries—such as the long-term cost of a traumatic brain injury or a spinal cord injury—suing is the only way to force them to pay what is fair.
2. Liability is Heavily Disputed
Sometimes, the other driver flat-out lies about what happened. They might claim you ran a red light when you know it was green, or they might argue that you suddenly slammed on your brakes. If the police report is inconclusive or the insurance company simply chooses to believe their driver’s false narrative, they will deny your claim entirely. A lawsuit allows us to use the formal “discovery” process to subpoena phone records, secure surveillance footage, and depose witnesses under oath to uncover the truth.
3. Your Damages Exceed Policy Limits
If you suffered catastrophic injuries that resulted in $150,000 in medical bills, but the at-fault driver only carries Pennsylvania’s minimum liability coverage of $15,000, their insurance will only pay you $15,000. In this scenario, suing the at-fault driver directly—or identifying other liable third parties (like a vehicle manufacturer or an employer if the driver was working at the time)—may be necessary to recover the full scope of your damages.
Understanding Pennsylvania Auto Laws: How They Affect Your Right to Sue
Deciding whether you should sue is only part of the equation; you also need to know if you can sue. Pennsylvania has highly specific auto insurance laws that dictate how and when an accident victim can pursue compensation.
No-Fault Medical Coverage (PIP)
Pennsylvania is a “choice no-fault” state when it comes to medical bills. This means that regardless of who caused the accident, your own auto insurance policy’s Personal Injury Protection (PIP) or First Party Benefits will pay for your initial medical expenses up to your policy limit (the state minimum is $5,000). You do not need to sue anyone to access this money; you simply file a claim with your own provider.
However, $5,000 is rarely enough to cover an emergency room visit, let alone ongoing physical therapy or surgery. Once your PIP is exhausted, you must look to the at-fault driver to cover the rest.
The Critical Choice: Full Tort vs. Limited Tort
When you purchased your PA auto insurance policy, you were forced to make a choice that directly impacts your right to sue: Full Tort or Limited Tort.
- Full Tort: If you selected Full Tort, you retain your unrestricted right to sue the at-fault driver for all damages, including economic losses (like medical bills and lost wages) and non-economic losses (like pain and suffering).
- Limited Tort: If you selected Limited Tort to save a few dollars on your monthly premium, your rights are restricted. You can still sue for your out-of-pocket economic losses, but you waive your right to sue for pain and suffering unless your injuries meet the state’s definition of a “serious injury.”
Exceptions to the Limited Tort Threshold
If you have Limited Tort but suffered a severe injury, all is not lost. Pennsylvania law outlines several exceptions that allow Limited Tort drivers to “breach the threshold” and sue for pain and suffering. These exceptions include:
- You suffered a “serious injury” (defined as death, serious impairment of body function, or permanent serious disfigurement).
- The at-fault driver was convicted of DUI.
- The at-fault driver was driving a vehicle registered in another state.
- You were injured while riding as a passenger in a commercial vehicle (like a bus or an Uber/Lyft).
- The at-fault driver intended to injure you.
The Moran Law Group frequently helps clients overcome the Limited Tort threshold by securing detailed medical expert testimony proving that their injuries have caused a serious impairment of a bodily function.
What Damages Can You Recover in a Lawsuit?
If we determine that suing is the right path for your case, we will fight relentlessly to recover maximum compensation across all categories of damages. A successful lawsuit can provide financial relief for:
Economic Damages
These are the objective, calculable financial losses tied directly to the crash.
- Past and Future Medical Expenses: Covering everything from ambulance fees and surgeries to future physical therapy and wheelchair ramps for your home.
- Lost Wages: Compensation for the paychecks you missed while recovering.
- Loss of Earning Capacity: If your injuries leave you permanently disabled and unable to return to your previous line of work, you are entitled to the difference in your lifetime earning potential.
Non-Economic Damages
These damages compensate you for the intangible, human cost of the accident. While harder to calculate, they often make up the largest portion of a significant settlement or verdict.
- Pain and Suffering: The physical agony endured during and after the crash.
- Emotional Distress: Compensation for anxiety, depression, sleep loss, or PTSD resulting from the trauma.
- Loss of Enjoyment of Life: The loss of your ability to participate in hobbies, sports, or daily activities you once loved.
The Risk of Waiting Too Long: The Statute of Limitations
If you are wondering, “Should I sue after a car accident?” it is imperative that you do not wait too long to decide.
In Pennsylvania, the law imposes a strict deadline known as the Statute of Limitations. For personal injury cases, including car accidents, you have exactly two years from the date of the crash to file a formal lawsuit.
If you attempt to file a lawsuit two years and one day after the accident, the court will dismiss your case, and you will be permanently barred from recovering any compensation, no matter how catastrophic your injuries are or how clear the other driver’s fault may be.
Furthermore, waiting to hire an attorney hurts your case long before the two-year mark approaches. Evidence disappears quickly. Skid marks fade, surveillance footage gets overwritten, and witnesses forget key details. The sooner you bring The Moran Law Group onto your side, the sooner we can deploy our investigators to preserve the evidence needed to win.
Why You Need a Board-Certified Trial Attorney
Many law firms operate as “settlement mills.” They take on hundreds of cases, do the bare minimum, and push their clients to accept whatever lowball offer the insurance company throws at them because the attorneys are afraid of the courtroom.
Insurance companies know exactly which lawyers will go to trial and which ones will fold.
When you ask, “Should I sue?” the answer is much easier when you have a Board Certified Civil Advocate in your corner. At The Moran Law Group, we are trial attorneys. We prepare every single case from day one as if it is going to a jury. When insurance companies see our name on the file, they know we have the resources, the experience, and the aggression to beat them in court. This leverage frequently forces them to offer maximum settlements without the need for a trial. But if they refuse to be fair, we are more than ready to fight for you before a judge.
Conclusion: You Don’t Have to Make This Decision Alone
Should you sue after a car accident? The answer depends entirely on the specific facts of your crash, the severity of your injuries, the behavior of the insurance company, and the nuances of your insurance policy.
It is a complex calculation, but it is not one you need to make on your own.
At The Moran Law Group, we offer free, no-obligation consultations. We will sit down with you, review your insurance policies, examine the police report, and give you honest, straightforward advice on whether a claim or a lawsuit is your best path forward. Furthermore, we operate on a contingency fee basis. That means we cover all the upfront costs of investigating and litigating your case. You do not pay us a single dime unless we recover compensation for you.
When you are hurt, you need more than just legal advice; you need a team that treats you with the compassion and dedication you deserve. Not just a client… you are family. Contact our Scranton office today to put your future in capable hands.
Frequently Asked Questions (FAQ)
1. Do I need to sue to get my medical bills paid after a PA car accident?
Not immediately. Pennsylvania is a “choice no-fault” state, meaning your own auto insurance policy’s Personal Injury Protection (PIP) will cover your initial medical bills up to your policy limit, regardless of who caused the crash. You only need to pursue the at-fault driver (via claim or lawsuit) once your PIP is exhausted.
2. Can I sue if I have “Limited Tort” insurance?
Yes, but with restrictions. Under Limited Tort, you can always sue an at-fault driver for out-of-pocket economic losses like medical bills and lost wages. However, you cannot sue for “pain and suffering” unless your injuries meet the state’s definition of a “serious injury,” or another specific legal exception applies (such as the at-fault driver getting a DUI).
3. Will my car accident case go to trial?
It is highly unlikely. More than 90% of personal injury cases are resolved through a negotiated settlement before a trial is ever necessary. However, hiring an experienced trial attorney shows the insurance company you are prepared to go to court, which often encourages them to offer a fairer settlement sooner.
4. How much does it cost to hire a car accident attorney in Scranton?
At The Moran Law Group, it costs nothing out of pocket. We work on a contingency fee basis. We cover all the costs of investigating your crash, hiring experts, and filing a lawsuit. We only get paid a percentage of the final amount if we successfully recover a settlement or verdict for you.
5. How long do I have to decide if I want to sue?
In Pennsylvania, the statute of limitations for filing a personal injury lawsuit after a car accident is two years from the date of the crash. However, you should contact an attorney immediately, as critical evidence (like dashcam footage and witness memories) can be lost if you wait too long to begin the investigation.