The Law Office of
Scott C. Rosentrater, LLC
1500 Market Street
12th Floor, East Tower
Philadelphia, PA 19102
Tel: (215) 665-5616
Fax: (215) 569-8228
contact@rosentraterlaw.com
PRACTICE AREAS:
• Complex Litigation
• Class Action
• Personal Injury
• Wrongful Death
• Large Loss Subrogation
• Breach of Contract
• General Casualty
• Premises Liability
• Inadequate Security Measures
• Product Liability
• Construction Defect
• Workplace Safety
• Liquor Liability
• Motor Vehicle Liability
• Municipal Liability and Civil Rights
• Insurance Law and Coverage
• Professional Negligence and Malpractice
• Commercial Litigation
• Labor and Employment
• Social Security Disability
If you don’t see your needs covered by this list, contact us, as it may still fall within our area of legal expertise
Law Office of
Scott C.
Rosentrater, LLC
Motor Vehicle Law
The numbers speak for themselves - you need a lawyer who is a step ahead of the rest.
Pennsylvania Car Accident Statistics (2010):
* There were 121,312 traffic collisions in Pennsylvania in 2010.
* Every day, there were 332 car accidents in the state (on average).
* Every day, there were 332 car accidents in the state (on average).
* Every day, 241 people were injured in traffic collisions.
* Of those who were injured in car accidents, 3,555 suffered major injuries.
* One person died every seven hours in a car accident in 2010.
* The approximate economic loss from traffic crashes in 2010 for Pennsylvania was $14,500,284,495.
* The counties with the most reported traffic crashes were: Allegheny (9.3%), Philadelphia (9.0%), Montgomery (6.8%), Bucks (5.0%), Lancaster (4.2%), York (3.7%), Berks (3.8%), Lehigh (3.7%), Delaware (3.6%), and Chester (3.5%). Philadelphia had the most traffic-related deaths.
"2010 Motor Vehicle Crashes: Overview." National Highway Traffic Safety Administration. December 2011.
Even a minor motor vehicle accident can result in a major impact on the future and can range from merely annoying to completely disastrous. Further, the actual auto accident is often only the beginning of the physical and emotional hardships. The time to take action to preserve one's legal rights starts to run from the day of the collision. We help our clients understand their rights and options moving forward.
Our lawyers are experienced in the courtroom and handle cases on behalf of both plaintiffs and defense clients in motor vehicle accident litigation. Our motor vehicle accident litigation experience includes car accidents, truck accidents, motorcycle accidents, bus and train accidents, and pedestrian accidents. We have an impressive history of defending automobile liability, lawsuits, coverage actions, uninsured/underinsured motorist matters and prosecuting declaratory judgment actions in the Pennsylvania and federal courts as well as in front of arbitration panels. We keep our clients well informed about the status of a case by providing immediate and efficient case evaluations and we carefully consider the potential damages exposure and the cost of litigation so as to provide prompt and cost-effective resolutions and alternative dispute resolution methods. Whether our client's matter is complex and catastrophic or simple and straightforward, we are committed to providing the highest quality legal service to achieve the highest likelihood for success at a reasonable cost. Because of the complexities involved in automobile accident cases, it is important to act quickly and contact us with any questions or issues. Proving negligence takes an investment of time, experience, and resources - advantages that only a qualified attorney can provide. At Law Office of Scott C. Rosentrater, LLC, it is our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through teamwork and the use of our considerable resources and experience. Our clients know they can depend on the professionals of the Law Office of Scott C. Rosentrater, LLC for honest, clear, and relevant advice along with aggressive and experienced representation to achieve the results that our clients need and to place our clients in the best negotiation position for a favorable resolution or verdict. |
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Question:
What is the difference between Full and Limited Tort? Answer: In Pennsylvania, when you purchase automobile insurance, you are given the option of having Full Tort or Limited Tort. Many people do not understand what it really means to have Limited Tort and choose this option because they believe that it saves them a few dollars (approximately 15% on their premiums) and they’ll never be injured in a car accident. What they do not know is Limited Tort is the cheaper option because Limited Tort restricts their rights to sue for bodily injuries. Moreover, Limited Tort not only puts you and your family at risk in your own car, but it even applies when you or your children are injured as passengers in someone else’s car or even as a pedestrian. There are other ways to save on your auto insurance premiums without sacrificing your legal rights and your family's safety. Choosing Full Tort on your policy instead of Limited Tort does cost a little more on your car insurance premium, but it could mean thousands of dollars to you if you are injured in an auto accident. Having additional money to help you through a difficult time in your life is well worth the investment today. Provided that someone else is at fault for the accident, depending on the nature of your accident and your injury, you may want to evaluate whether or not you are full tort or limited tort coverage, and we will help you understand your rights and options: Full Tort: Full Tort Claimants have waived none of their rights to recovery and can recover for injuries as minor as a strain or a sprain. Full Tort Claimants can pursue a claim for injuries and damages, regardless of the extent of the injury. Limited Tort: Limited Tort Claimants usually cannot bring a claim for compensation for your non-monetary losses — such as pain and suffering — unless the injury is "serious." Pennsylvania law defines a 'serious injury' as one that "results in death, serious impairment of a bodily function or permanent serious disfigurement." Limited Tort Claimants have NOT waived their claims for first party benefits (ex. medical, income loss, accidental death, funeral, and combination of these various benefits). No Insurance: Claimants without Automobile Insurance cannot recover first party benefits and cannot bring a claim for compensation for non-monetary losses. Claimants without Automobile Insurance still might prevail on a claim for compensation of non-monetary losses only where they can prove a 'serious injury' resulting in death, serious impairment of a bodily function or permanent serious disfigurement. Question: What is considered to be a 'serious impairment of a bodily function'?
Answer: In Pennsylvania, if plaintiff is Limited Tort, plaintiff will not recover damages related to pain and suffering unless the plaintiff can successfully prove: • First, the defendant was negligent in one or more ways;
• Second, the defendant's negligence was a factual cause in bringing about injury to the plaintiff;
• Third, the plaintiff's injury resulted in noneconomic damages; and
• Fourth, the plaintiff suffered serious impairment of a body function. To decide this last and additional element of proof, it must be decided, based upon the evidence presented: • First, whether the injuries sustained by the plaintiff in the accident impaired one or more body functions; and • Second, whether that impairment of a body function was serious. In determining whether the impairment of a body function was serious, there should be a consideration of such factors as the extent of the impairment, the particular body function impaired, the length of time the impairment lasted, the treatment required to correct the impairment, and any other relevant factors. An impairment need not be permanent to be serious. The terms "serious," "impairment," and "body function" have no special or technical meaning in the law and should be considered by you in the ordinary sense of their common usage. |
Law Office of Scott C. Rosentrater, LLC
1500 Market Street
12th Floor, East Tower
Philadelphia, PA 19102
Tel: (215) 665-5616
Fax: (215) 569-8228
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Use of the Law Office of Scott C. Rosentrater, LLC website and our Company Information constitutes acceptance of our 'Disclaimer'.
All rights reserved.
