Pennsylvania Car Accident Lawyers

Every car accident is different, therefore every car accident injury claim is different and will vary in value depending on the unique circumstances at play. In general, however, car accident cases that involve severe injuries such as spinal cord injuries, traumatic brain injuries, or amputation tend to yield higher financial awards than those involving comparatively minor injuries such as soft tissue injuries or whiplash. Other factors that may influence the value of your claim include the amount of insurance coverage available, the strength of evidence proving the other driver’s fault, as well as the quality of your legal representation.

Damages in Pennsylvania car accident cases are generally divided into the following categories:

• Economic damages: Economic damages aim to provide compensation all out-of-pocket costs that the party responsible for your crash inflicts on the victim and his/her family. This includes compensation for medical bills, property damage, lost wages and other income, and lost earning potential.
• Non-economic damages: Non-economic damages provide additional compensation for harm that is less easily quantifiable. The most common type of non-economic damages is for “pain and suffering,” which places a dollar amount on how much the victim and his/her family has suffered as a result of the collision. In tragic situations where a person is killed in a collision, additional non-economic damages may be awarded to the victim’s family for things like loss of companionship, loss of consortium, and loss of life enjoyment.
• Punitive damages: While compensatory damages aim to make an accident victim whole, punitive damages, as their name suggests, are intended to punish the at-fault driver for their actions. In Pennsylvania, punitive damages are only awarded in situations where the at-fault driver’s actions where extreme, intentional, or particularly egregious. Punitive damages are rare and reserved for only the worst behavior under Pennsylvania law.

Most car accident cases in Pennsylvania are based on the concept of “negligence.” In simple terms, this means that in order for a person or entity to be held financially responsible for a collision, it must be proven that they acted in a wrongful manner. To prove negligence under Pennsylvania law, you typically must be able to show that the at-fault party had a duty of care to act responsibly, this duty was breached, and that this breach of duty caused you to suffer real harm. Proving these elements typically involves gathering and analyzing independent evidence such as accident photos, eyewitness statements, cellphone records, video surveillance footage, driving records, and expert testimony.

Examples of negligent behavior used to determine fault include:

• Driving while under the influence of drugs or alcohol
• Speeding
• Driving while distracted
• Tailgating / following too closely
• Ignoring traffic signals and signs
• Driving erratically or aggressively
• Driving without a license
• Driving while drowsy

Just as every car accident case is valued differently, the timeline of your car accident case will vary depending on the specifics of your situation. Car accident claims can take anywhere from a few months to a few years to settle. Some factors that may influence the length of time required to resolve your claim include the scale and severity of your injuries, the cooperation of the involved insurance companies, and if your case ends up going to trial.

You generally have two years from the date of the crash to file a lawsuit. However, insurance claims must often be reported within days, so don’t wait.

Most cases are resolved through negotiation, but we prepare every case as if it’s going to trial. This preparation helps us get better settlements for our clients.

Under Pennsylvania’s comparative negligence laws, you can still recover compensation if you were less than 51% at fault. Your settlement may be reduced by your share of fault.

Not necessarily. While it can certainly play a role, a traffic ticket is not the only form of evidence in assessing fault. It is quite possible that an investigation into your crash may reveal new evidence proving the other driver’s liability. Additionally, signing a ticket is not an admission of guilt but an acknowledgment that you have received a notice to appear in court.

If your accident resulted in little more than cosmetic damage or a few scrapes and bruises, you probably can handle your insurance claim on your own without an attorney. However, it is in your best interests to retain legal representation (or at the very least consult with a lawyer) if any of the following apply to your situation:

• You or a passenger was seriously injured
• Someone was killed in the collision
• Your injuries required you to miss work
• The insurance company is disputing your claim
• The driver that hit you did not have insurance
• You were a victim of a hit and run
• You were hit by a drunk driver
• You do not feel comfortable handling your claim on your own

Several studies have shown that hiring a car accident attorney increases your chances of securing a higher financial award than what you would be able to receive settling your claim on your own. Likewise, since many car accident attorneys accept cases on a contingency fee basis and offer free consultations, you have nothing to lose. If you or a member of your family has suffered from a motor vehicle accident, you need the services of a good lawyer.