After A Pennsylvania Car Accident, You Have The Right To Pursue Compensation For Your Injuries
Car accidents are terrifying, and their impact often lasts long after the accident itself. Victims can have life-changing injuries, and fatalities can devastate families emotionally and financially. It is a critical time when the pursuit of justice and rightful compensation becomes paramount. Victims face a complex legal landscape and the challenge of dealing with insurance companies, often while trying to recover from their injuries.
This is where the role of a dedicated Philadelphia car accident lawyer becomes indispensable. Our commitment is to stand beside you, offering the legal expertise and support needed to navigate these challenges and fight for the compensation you deserve. PhillyLaw fights for you so you can focus on healing and moving forward.
Why Choose PhillyLaw As Your Philadelphia Car Accident Lawyer?
When it comes to navigating the aftermath of a car accident, selecting the right legal representation is crucial. PhillyLaw stands out for a multitude of reasons:
We Get You Results
Our track record speaks volumes. We have consistently secured multi-million dollar settlements and verdicts for our clients in Philadelphia who have been injured in car accidents. Our team’s dedication and expertise ensure that we fight tirelessly for the compensation you rightfully deserve.
We Have The Experience Needed
The Philadelphia Car Accident Lawyers at Philly Law have over 75 years of combined experience. Our team is composed of highly experienced legal professionals who specialize in car accident cases. This wealth of knowledge means we understand the nuances of car accident law in Philadelphia and how to advocate for our clients effectively.
We Thoroughly Investigate
Liability in auto accidents can sometimes be immediately clear. For instance, if a driver was clearly violating traffic laws or admitted fault at the scene. However, more often than not, each involved party might attempt to shift blame onto the other. While a police accident report can serve as a piece in determining who is at fault, these reports can sometimes be incomplete or even contain inaccuracies. A policeman’s decision on fault is usually not accepted in court. Therefore, a thorough independent investigation is important to uncover all relevant facts about the accident. This careful process helps us build a strong case for you.
We Stand Up To Insurance Companies
Insurance companies often employ strategies to minimize payouts to accident victims. Our Philadelphia car accident lawyers at PhillyLaw are adept at negotiating with insurance companies, ensuring that our clients are not undervalued or ignored. We’ve built a reputation for being tough negotiators who prioritize our clients’ best interests.
We Prepare For Trial
While many car accident claims are settled out of court, some require a trial to achieve fair compensation. Our team prepares every case as if it will go to trial. This comprehensive preparation often leads to more favorable settlements for our clients and ensures we are ready to fight for your rights in court if necessary.
We Listen To You
We understand that every car accident is unique, and so are the needs of each auto accident victim. That’s why we take the time to listen to our clients and understand their specific circumstances and concerns. This allows us to tailor our approach and provide personalized legal representation.
Our Philadelphia Car Accident Attorneys Work On a Contingency Fee Basis
At PhillyLaw, we operate on a contingency fee basis, meaning you don’t pay us unless we win your case.
Choosing PhillyLaw means entrusting your car accident lawsuit to a firm that not only aims to achieve the best possible outcome for you but also provides the support, expertise, and commitment needed during such a challenging time.
How Much Could Your Philadelphia Car Accident Claim Be Worth?
Determining the exact value of your Philadelphia car accident claim upfront is challenging. Yet, at PhillyLaw, we’re committed to ensuring that you don’t bear the financial burden of a car accident that wasn’t your fault. While the compensation you may receive varies, depending on several factors, our goal remains to secure the maximum compensation possible for you.
Factors influencing your claim value include:
- The Severity of Your Injuries: More serious injuries often lead to higher compensation due to increased medical costs and potentially long-term care needs.
- Life Circumstances: Employment status, familial responsibilities, and community involvement can all influence the amount of compensation.
- Your Age and Health at the Time of the Accident: These factors can affect recovery time and the potential for future earnings.
- Accident Details and Fault: How the accident occurred and who is at fault play crucial roles in determining compensation.
- Insurance Coverage: The availability and limits of insurance coverage are significant factors.
- Proving Your Case: The complexity, potential difficulty, and expense of proving your case can also affect the claim.
At PhillyLaw, we believe financial compensation, although not a cure-all, is crucial in helping victims and their families regain stability. It can cover medical bills, provide for ongoing treatments, and support adjusting to life post-accident. Our dedication is to fighting for your right to fair compensation every step of the way.
Damages Available To Car Accident Victims
Damages available to car accident victims typically include:
Medical Expenses: Covers current and future medical treatments, surgeries, medication, physical therapy, and rehabilitation.
Lost Wages: Compensation for the income lost from being unable to work due to injuries sustained in the accident.
Loss of Earning Capacity: If the accident results in a disability that prevents the victim from returning to their previous employment, compensation may be available for reduced earning potential.
Pain and Suffering: Monetary compensation for physical pain, emotional distress, embarrassment, humiliation, scarring, disfigurement, and diminished quality of life resulting from the accident.
Property Damage: Reimbursement for damage to your vehicle and any personal property damaged as a result of the accident.
Loss of Consortium: Compensation awarded to the spouse or close family members for the loss of companionship and support.
Punitive Damages: In cases of egregious negligence, additional compensation meant to punish the defendant and deter similar conduct.
Who Can Be Held Accountable For Your Suffering?
In the aftermath of a car accident, determining accountability is critical to seeking justice and compensation. Those who can be held accountable for your suffering include:
The Other Driver(s): If their negligence, such as distracted driving, speeding, or driving under the influence, caused the accident.
Vehicle Manufacturers: In cases where vehicle defects or malfunctioning parts, such as faulty brakes or airbags, contribute to the crash.
Government Entities: If poor road conditions, inadequate signage, or lack of proper road maintenance played a role in the accident.
Employers: If the at-fault driver was performing a work-related task or driving a company vehicle at the time of the accident.
Bars or Restaurants: Under certain circumstances, if they served alcohol to an obviously intoxicated patron who then caused the accident (known as “dram shop” laws in some states).
Construction Companies: If construction zones were not properly marked, leading to confusion and resulting in an accident.
Our team at PhillyLaw conducts thorough investigations to determine liability and hold the appropriate parties accountable for your suffering. We strive to provide you with a strong case and help you obtain the justice and compensation you deserve. Don’t hesitate to contact us for a free consultation if you’ve been injured in a car accident in Philadelphia. We’re ready to fight for your rights so you can focus on your recovery.
Determining Fault in a Car Accident in Pennsylvania
Car accidents happen most frequently because one or the other driver violated some traffic rules.
This could mean failing to yield the right-of-way, speeding, or making unsafe lane changes without checking blind spots.
In these cases, it is very easy to determine fault.
In other cases, it might not be as easy.
For instance, everyone thinks that if you rear-end another driver, then you are automatically at fault for the accident.
In a comparative negligence state, no one is ever automatically 100% at fault.
For instance, if the other driver stopped suddenly and, therefore, made the accident much more likely, then they are going to be held partially liable for that accident.
This could reduce the amount of money they can collect from the other party as a result of their actions.
Additionally, if a driver’s brake lights are out, this can also make it more difficult for another driver to realize the need to stop.
So, there are no “sure things” when it comes to traffic law in Pennsylvania.
An experienced Philadelphia car accident attorney at PhillyLaw can help you make your case.
In Pennsylvania, determining who was at fault in a motor vehicle accident is crucial since it decides who must compensate the victim and the compensation amount. That’s why quickly and thoroughly identifying the at-fault party in a car accident is a top priority for us at PhillyLaw.
Proving Negligence
Proving negligence in a car accident case is fundamental to securing compensation for victims. It involves establishing four key elements:
Duty of Care: Demonstrating that the defendant owed the plaintiff a legal duty of care. In the context of driving, this means adhering to the rules of the road and operating vehicles responsibly to prevent harm to others.
Breach of Duty: Showing that the defendant failed to fulfill this duty through reckless or careless actions, such as speeding, driving under the influence, or not adhering to traffic signals.
Causation: Connecting the defendant’s breach of duty directly to the accident. This requires proving that the accident would not have occurred if it wasn’t for the defendant’s negligence.
Damages: Providing evidence of the injuries and losses suffered as a result of the accident. Medical records, bills, loss of income, and records of property damage are critical in quantifying these damages.
At PhillyLaw, we meticulously gather evidence, including accident reports, witness statements, and expert testimony, to construct a compelling case that meets these criteria. Our goal is to not only prove negligence but to also hold the responsible parties accountable and secure the maximum compensation possible for our clients.
Our Philadelphia Car Accident Lawyers Will Identify All Responsible Parties
Identifying all responsible parties in a car accident is essential for ensuring victims receive full and fair compensation. Our skilled Philadelphia car accident lawyers at PhillyLaw have the experience and resources to investigate your accident thoroughly. We examine every angle, from driver error and vehicle malfunctions to potential roadway hazards and third-party involvement, to pinpoint each entity that shares in the liability. By identifying all responsible parties, we enhance your chances of achieving a comprehensive settlement that addresses all aspects of your suffering and losses. Trust in our expertise to guide you through this complex process with precision and dedication.
What If You Are Partially to Blame For the Accident?
In some cases, it is possible that the victim may also have contributed to the accident. This is known as comparative negligence and can affect the compensation you are entitled to. In Pennsylvania, this means that if you are found to be more than 50% at fault for the accident, you cannot claim any damages from other parties.
However, this framework allows individuals to seek compensation for their injuries and losses, even if they were partly at fault, provided their share of the fault does not exceed 50 percent. This law acknowledges the complex nature of car accidents, where blame is not always squarely on one party, and aims to ensure that victims can receive some form of reparation for their suffering.
Under the modified contributory negligence laws, the court examines the actions of all parties involved in the accident and assigns a percentage of fault to each. The critical aspect to understand is that your ability to collect damages hinges on being less responsible for the accident than the combined fault of the other involved parties. However, any compensation awarded to you will be reduced in accordance with your share of the fault. For instance, if you are found to be 30% responsible for the accident, any damages you receive will be reduced by 30%.
Given the potential for these laws to significantly affect the outcome of your claim, the assistance of a Philadelphia car accident attorney becomes invaluable.
Our team possesses the knowledge and skills necessary to navigate the complexities of these laws, ensuring that fault is fairly assessed and that you receive the maximum compensation permissible by law. With our guidance, you can make informed decisions about your case and achieve the best possible outcome under Philadelphia’s modified contributory negligence laws.
How Long Do You Have To File a Claim in Philadelphia?
After a car accident, time is of the essence. According to the statute of limitations, victims have two years from the date of the accident to file a personal injury claim in Pennsylvania. This may seem like a lengthy period, but it can pass quickly when dealing with doctors’ appointments and healing from injuries.
It is crucial to seek legal counsel as soon as possible after an accident to ensure you do not miss your opportunity to seek compensation. With PhillyLaw’s experienced car accident attorneys by your side, we can help you meet all deadlines and gather evidence while you focus on recovering from your injuries.
Auto Insurance in Pennsylvania
No-Fault or Limited-Tort Auto Insurance
In Pennsylvania, when you’re involved in a car accident and have Personal Injury Protection (PIP) or no-fault policy, you need to file a claim with your insurance, regardless of who is at fault. A limited-tort policy focuses on covering “economic” damages, such as medical expenses and a portion of lost wages (usually about 60% of the total). The minimum a policy can offer is $5,000 for medical benefits. It does not cover “non-economic” damages like pain and suffering or loss of enjoyment of life unless you sustain a serious impairment of bodily function or permanent scarring or disfigurement. Limited tort does not apply if you are a pedestrian, if you are struck by an out-of-state vehicle, or if the other driver is driving under the influence. Limited tort also does not apply if you are a driver or a passenger in a commercial vehicle, namely, Septa, Taxi, Uber, etc.
Full-Tort Auto Insurance
Alternatively, a full-tort policy in Pennsylvania allows for a wider range of claims following an accident. Beyond the basics of medical expenses and lost wages, you can also seek compensation for pain and suffering, emotional distress, and more. The amount you can collect depends on the fault percentage of the other driver involved in the accident. However, as stated earlier, if you’re found to have a larger share of fault than the other driver, you won’t be able to file a lawsuit against them. Also, these fault-based rules apply only to personal injury claims, meaning you have full freedom to pursue property damage claims in court regardless of fault.
Contact a Philadelphia car accident lawyer at PhillyLaw to help you understand and navigate Pennsylvania’s complex auto insurance laws.
What To Do To Protect Your Rights After a Philadelphia Car Accident
Protecting your rights after a car accident is crucial for ensuring that you are adequately compensated for your injuries and losses. Here are the steps you should take to preserve your rights:
Check for Injuries and Call for Help
Immediately after an accident, check yourself and others for injuries. If there are any injuries or you’re in doubt, don’t hesitate to call 911. Reporting the accident not only ensures everyone receives necessary medical attention but also serves as an official record of the event.
Exchange Information but Limit Discussion of the Accident
Exchange names, contact information, driver’s license numbers, and insurance details with the other drivers involved. However, limit your discussion of the accident. Admitting fault or speculating about the causes of the accident at this stage can be detrimental to your claim.
Document the Scene
Take photographs of the vehicles, any visible injuries, and the surrounding area, focusing on traffic signs, signals, and road conditions. These images can be vital evidence for establishing fault and the circumstances leading to the accident.
Gather Witness Information
If there were witnesses to the accident, try to get their contact information. Witness statements can play a crucial role in supporting your version of events and contributing to establishing fault.
Notify Your Insurance Company
Notify your insurance company about the accident as soon as possible. Be honest about the incident, but refrain from admitting fault or speculating about the accident’s details until you’ve consulted with a Philadelphia car accident lawyer. DO NOT provide a recorded statement or sign any documents without your attorney present.
Seek Medical Attention Promptly
Even if you don’t think you’ve been injured bad enough to need medical help, it’s important to see a doctor as soon as possible after the accident. Some serious injuries may not be immediately apparent. Furthermore, a timely medical evaluation provides documentation of your injuries, which is essential for your claim.
Consult with an Experienced Philadelphia Car Accident Attorney
Finally, speaking with an experienced car accident attorney can be instrumental in protecting your rights. A Philadelphia car accident lawyer can guide you through the process, help you understand your rights and options, and work to ensure you receive fair compensation for your injuries and losses.
By following these steps, you can protect your rights and set a strong foundation for your car accident claim. Remember, the actions you take in the immediate aftermath of an accident can significantly impact the outcome of your claim. Call for a free consultation.
What Causes Car Accidents?
Car accidents, by their nature, are complex events with unique circumstances in each case.
Research from the National Highway Traffic Safety Administration (NHTSA) shows that driver error is the root cause of nearly 95 percent of all traffic accidents in the United States.
In other words, driver negligence causes most motor vehicle accidents. Among other things, some of the most common examples of driver negligence include:
- Running red lights;
- Running stop signs;
- Failure to yield;
- Speeding;
- Tailgating;
- Failure to check rearview mirrors;
- Unsafe lane changes;
- Distracted driving;
- Inattentive driving;
- Aggressive driving;
- Texting while driving;
- Talking on a cell phone;
- Drunk driving, and
- Drugged driving.
Of course, there are exceptions: not all motor vehicle collisions are caused by negligent drivers.
In some cases, crashes occur because of the negligence of other parties.
It could be the negligence of an auto manufacturer, the negligence of a road designer or construction company, or the negligence of a commercial trucking company.
The Most Common Types of Car Accidents In Philly
Below are the common types of car accidents and disasters for which we often help clients get compensation.
- Rear-end collisions: Often resulting from tailgating or sudden stops, these are among the most prevalent types of accidents.
- Side-impact crashes: Also known as T-bone accidents, these occur when the side of one or more vehicles is hit. These are common at intersections.
- Head-on collisions: Though less common, head-on collisions are typically severe and happen when two vehicles crash front-to-front.
- Pedestrian accidents: In a busy urban area like Philadelphia, accidents involving pedestrians are unfortunately common, especially at crosswalks and intersections.
- Bicycle accidents: With more people biking in the city, incidents involving cyclists and motor vehicles are on the rise.
- Hit-and-run accidents: These accidents involve at least one party leaving the scene without providing contact information or aiding the injured.
- Single-vehicle crashes: These can include hitting a pole, a tree, or skidding off the road due to icy conditions or driver error.
At PhillyLaw, we understand that every car accident is unique, with its own set of challenges and complexities. Regardless of how your accident occurred—be it a multi-vehicle pile-up, a pedestrian accident, or anything in between—our seasoned team of Philadelphia car accident attorneys is prepared to offer you the support and expertise you need to secure the justice and compensation you rightly deserve. Reach out to a Philadelphia car accident lawyer now for a free consultation, and start your journey toward recovery with a team that truly cares about your well-being and success.
What Types of Injuries Do Car Accidents in Philadelphia Cause?
Car accidents can lead to a range of injuries, varying in severity from minor to life-altering. The impacts can affect virtually any part of the body, and the type of collision often influences the nature of injuries suffered. Below is a list of common injuries experienced by victims of car accidents in Philadelphia:
- Whiplash
- Concussions and other traumatic brain injuries (TBIs)
- Back Injuries
- Neck Injuries
- Broken bones
- Lacerations and bruises
- Spinal cord injuries
- Internal injuries
- Psychological trauma
- Seat Belt Injuries
- Airbag Deployment Injuries
- Death
Our Case Results
At PhillyLaw, our client victories show our strong dedication to justice. Here are some notable case outcomes highlighting our commitment to securing maximum compensation for those we represent.
$1,595,000 | Car Accident
A 72-year-old woman passenger was seriously injured in a car crash in N.J., resulting in surgeries and hospital stays. The 72-year-old female driver died. The injured passenger received $1,075,000, and the deceased woman’s estate received $520,000. The total insurance coverage available was $1,645,000, barely exceeding the settlement amount by $50,000.
$1,000,000 | Car Accident
The parties settled for over $1,000,000 in a lawsuit filed by a 38-year-old man who had back surgery and couldn’t work as a locksmith after a car accident.
Trust The Philadelphia Car Accident Lawyers at PhillyLaw To Fight For You
Our personal injury law firm has successfully resolved hundreds of car accident cases for our clients in Philadelphia and the surrounding areas. Our team is dedicated to fighting for justice and achieving maximum compensation for those who have been injured due to the negligence of others.
If you’ve been involved in a serious car accident in Philadelphia, don’t hesitate to contact PhillyLaw for a free consultation. Our Philadelphia car accident attorneys will review your case and advise you on the best course of action to secure the compensation you deserve.
