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Protective Orders In Pennsylvania Car Accident Cases

When you have a car accident case in Pennsylvania, you deserve compensation for your injuries. Of course, to receive fair compensation for your injuries, you have to know exactly what your injuries are. The defendant in the case has a right to access to some of your medical information. However, a defendant may try to abuse this right by asking for too much information about your medical history. 

What can you do if the defendant in a car accident case asks for embarrassing or irrelevant information? You may use 231 Pa. Code § 4012 to request a protective order. Our personal injury law firm explains:

231 Pa. Code § 4012 – Protective Orders in Pennsylvania Car Accident Cases

Pennsylvania Code section 4012 allows a plaintiff to move for a protective order. A protective order is a court order that prevents the other side from gaining access to certain information. The information may be unreasonable to produce for several reasons. The information may be:

  • Embarrassing
  • Burdensome
  • Oppressive
  • Irrelevant
  • Annoying

If the court agrees that the plaintiff doesn’t have to produce the information for one of the reasons above, they sign a protective order. Then, the plaintiff doesn’t have to respond to a discovery demand for medical information that they do not want to provide.

How to get a protective order in a car accident case

Of course, getting a protective order in a car accident case isn’t always just a matter of filing the paperwork. The defense has a right to some information about the victim’s injuries. Their medical history may be relevant if there are questions about pre-existing conditions or disagreements about the severity of injuries. However, a defendant doesn’t have a blanket right to get any and all information that exists about a victim. The information must be reasonable and related to the case.

In order to get a protective order, you must ask the court for it. The victim must bring a motion to the court. The motion cites 231 Pa. Code § 4012, states that the victim wants a protective order and gives the reasons that they qualify for the order. The defense has a chance to state their side and why they believe they deserve access to the information.

Attorney for a protective order motion in a car accident case

A victim has the right to the assistance of a personal injury attorney to seek a protective order in a car accident case. With the help of a personal injury attorney, the victim can make their motion to the court citing the appropriate laws. In addition to bringing the motion to court, it may also be beneficial to work directly with the other side regarding the production of evidence. A personal injury attorney can help. Simply having the backing of a personal injury law firm to fight back against disclosing irrelevant or harassing information can be effective. With the help of a personal injury law firm, you may protect your rights and fully pursue compensation as a car accident victim.

Even though Coronavirus has changed a lot of how society operates, there are some things that have not changed. People are still getting hurt in personal injury accidents. Slip and falls, car accidents, chemical accidents and other kinds of personal injuries are still occurring. When an accident occurs, a victim needs to know their rights. Our personal injury law firm explains personal injury laws during Coronavirus.

Do personal injury laws apply during Coronavirus?

Yes, personal injury laws apply during Coronavirus. You have the right to file a claim for compensation if you’re hurt in a personal injury accident. The same standards for negligence, recklessness, and intentional misconduct still apply. Standards for financial compensation remain unchanged during Coronavirus. There might be some changes to legal procedures as you pursue your claim. However, in general, personal injury laws apply during Coronavirus.

Coronavirus and personal injury cases

If you’re injured because of a personal injury accident, you have the right to pursue justice in the civil court system. What you can claim may be financial compensation for economic losses, payment for pain and suffering, and a finding of civil liability against the person who is responsible for your accident. Your right to access the legal system has not changed.

An accident case is based on standards of reasonable behavior. In the Coronavirus era, the standards for reasonable behavior may have changed. Society as a whole has become more cautious. 

Standards for behaving reasonably may be more strict now than they were just a few short months ago. This change in society can be a benefit to an accident victim who wants to hold those responsible accountable. The court still looks at the actions of all parties from a reasonableness standard. However, how society interprets reasonable behavior may have changed.

Bringing a court case during COVID-19

One of the ways that a personal injury attorney assists you is by helping you navigate the civil procedure involved with your case. Civil procedure is the legal steps necessary to win your case. Like where to file the legal paperwork, court motions, and building evidence. These procedures may have changed because of COVID-19. The court may postpone hearings or direct the parties to work remotely to address issues. 

Your personal injury law firm assists you by knowing and following these changes in procedure and using them to your advantage. While you very much still have all the same legal rights you had before Coronavirus, how you pursue your case may have changed. Your personal injury attorney works on your behalf to know and implement these new procedures so that you can resolve your case in the best way.

Contact our personal injury attorneys

If you’ve been hurt in an accident, our personal injury law firm wants to help you get the compensation that you deserve. Whether your injuries are COVID-19 related, or you’re hurt in another kind of accident, we’re here to fight on your behalf. Call us today for your free and private consultation.

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We understand how important your case is and that is why your call receives immediate attention directly from the attorney. We help you understand your options in order to make informed decisions. As a local law practice with multiple offices, we are able to offer reasonable and competitive rates.
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In over 30+ years we have recovered millions on behalf of our clients and their families. Our drive and our commitment to our clients who are the victims of auto accidents, slip and fall accidents, work related injuries including asbestos claims has led us to have a proven track record of success.
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We take pride in our dedication to our clients and their cases. Firm attorney Randy Kaplan has practiced law since 1982 and has personally handled THOUSANDS of cases including auto accidents, work related injuries business law and employment law. In each and every case we are dedicated to providing our clients with the type of service only a local law firm can provide.
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