Car Accident

What To Know About Hiring A Philadelphia Car Accident Lawyer

If you’ve ever been in a car accident in Pennsylvania, you know that the experience is especially hard if you are trying to figure things out on your own. But you don’t have to do it alone. The Law Offices of Greg Prosmushkin have the expertise to protect and retain your rights and advocate on your behalf.

We are proud of our work in helping our clients find justice when preparing a car accident lawsuit. Our lawyers are here in Philadelphia and the greater Philadelphia region, including Montgomery county, and we are ready to go to work for drivers like you. We even offer a free consultation and case evaluation. Read our testimonials when you select our services on the website menu and think carefully about what our legal representation has to offer, as well as any referrals that have put a good word in for our legal team.

The personal injury law firm of The Law Offices of Greg Prosmushkin, with 30 years of experience, offers free consultations to all Pennsylvania clients. Our Philadelphia Car Accident Lawyers have been helping car accident victims pursue reimbursement for their economic and non-economic damages. Email us or call 215-799-9990 today to get answers to your queries.

What Should You Do When You’ve Been Involved In A Car Accident?

No one ever expects to be in a car accident, and we hope it never happens to you. However, even if you are an excellent driver, you could be at the wrong place at the wrong time. If someone should hit your car or truck, there’s a few courses of action you can take:

  • Stop your car. Under no circumstances should you ever flee the scene of an accident.
  • Get the other driver’s information
  • Call 911
  • Call your insurance company
  • Take pictures of the accident scene while you wait unless you’re unable to do so
  • Start writing down anything you remember that happened.
  • When first responders get there, provide a truthful account of what happened.
  • Contact our office at 215-799-9990

You should always seek medical treatment for injuries, so do listen closely to the advice of any medical professionals who are present at the scene. Your safety is the center of our focus.

The authorities will create an accident report and collect any relevant evidence from the scene of the collision. This will be an important document for your insurance, and it will be vital to pursue legal action.

This is not the only document that will be important should you begin to file a personal injury claim. This will provide validation of your actual damages. Providing any of this additional information to the auto accident injury lawyers will only strengthen your case.

Do You Need A Philadelphia Car Accident Attorney For Your Case?

Auto accidents occur frequently in Pennsylvania, and especially Philadelphia, due to the negligence of other drivers or motorists, so you should seek out an accident attorney in Philadelphia. A car accident attorney will review and obtain evidence at the incident scene from your crash.

The more severe and the more complicated the crash, the more likely you’ll require the services of personal injury attorneys. Even for minor injuries, you may pursue compensation for any losses or expenses incurred from an accident.

During this stressful time, your legal representation will help gather evidence following the crash and will offer valuable legal advice on Pennsylvania statutes and laws.

Additionally, we have years of experience and resources in this industry and in addition to helping numerous accident victims overcome tough times after a car crash. They’ll know about precedents set by previous cases that could help increase the maximum amount of compensation for your losses and damages. When it comes to navigating the legal world, there is a lot to know. But one thing remains unchanged, we make sure our customers are satisfied and will demonstrate our complete loyalty while fighting for your rights.

Philadelphia residents should be aware of the best ways to handle auto crash-related cases, especially since Pennsylvania sees over a hundred thousand accidents every year.

What Are The Common Types Of Car Accident In Philadelphia

Fair compensation for car accident victims who have been personally injured in a car accident in Pennsylvania is necessary as accidents occur frequently, especially in the greater Philadelphia region. Seek representation from a competent Philadelphia car accident attorney if you face any of the following:

  • T-bone collisions
  • Head-on collisions
  • Single vehicle accidents
  • Rollover crashes
  • Hit and run accidents
  • Ridesharing accidents
  • Rear end collisions
  • Multi-vehicle accidents
  • Road construction accidents

Whether your accident involves one, two, or multiple vehicles, an attorney can prove to be beneficial for you to secure your rights.

How much does it cost to hire a car accident lawyer?

Hiring a car accident lawyer usually involves a contingency fee, typically ranging from 25% to 40% of your settlement in exchange for winning your case. This means what you’ll pay will depend on the result of the case.

Auto Accident Lawyer

Unfortunately, your accident lawyer cannot guarantee the success of a case, but together you may discuss expenses, like filing fees, during the initial consultation. Fees can vary based on case complexity and negotiation. You may consult with your lawyer and establish a rapport with them. Legal agreements should address and outline all fees and expenses. Hiring a lawyer on contingency can help manage costs if you’re facing medical bills and other accident-related expenses.

Types Of Damages You Can Collect After Being Hurt In A Car Accident in Pennsylvania

If you are willing to file a lawsuit as the plaintiff, you will need proper evidence of your damages. Damages refer to the financial losses, non-financial losses, and major injuries sustained by the victim.
It’s important to learn there are various types of damages at your disposal, each with certain limitations. Talk with your Philadelphia car accident lawyer to help you identify the variety of claims that are available to you moving forward.

Economic Damages

For legal purposes, the car insurance claims should pay for the economic damages, since they have a clear cost that can be linked to your damages. Two of the fundamental economic damages that a victim faces after a car accident are medical bills and lost wages.

  • Medical bills may include ambulance costs, emergency surgeries, emergency care, appointments with the doctor, mental health counseling, and physical therapy if needed to treat your injuries.
  • Lost wages can put victims in a tough spot financially. If a victim’s injuries are serious enough to result in a disability and they are not able to work anymore, the family may require financial support. An attorney will know how to calculate all your past and present lost income.
  • Economic damages may also include vehicle repairs, childcare during medical appointments, payments for household services, insurance hikes, and other vital damages that are linked to the accident.

Non-Economic Damages

Pain and suffering of the injured victim is an example of damages that are non-economic. Pain is most often defined, in this instance, as the actual physical or bodily injuries and/or associated physical trauma from a vehicle accident. Suffering is prolonged mental and emotional stress, especially in the event of permanent injury or wrongful death. Pain and suffering can make it difficult to resume living a normal life after a car accident. Some can result in or often lead to severe depression or post-traumatic stress following an accident, whether because of the injuries they sustained or the anxiety caused by reliving the accident.

It is important to retain a copy of your documents during an accident, as well as the days, months, or even years after. 

For example, a daily journal could be of great assistance to your case because it can provide extensive details of your injuries. Explaining what you went through during such a difficult time will make it easier for those involved in your case to understand the entire scope of your non-economic damages.

Punitive Damages

Punitive damages are a form of retributive justice, which is justice that is meant to punish the defendant. Punitive damages are awarded to the injured driver when the defendant was notably negligent. A defendant may be judged as negligent if they were driving while under the influence of alcohol or controlled substances, or if they were driving especially recklessly. Punitive damages are supposed to be a deterrent, meaning that they are enacted to prevent the same type of accident from re-ocurring and prevent future injuries.

Severe injuries can stand in the way of our enjoyment of life, so it’s necessary that you seek justice. At-fault drivers should be held accountable to improve the safety of all drivers involved. If you face a car accident, hiring Philadelphia’s premier legal counsel may help you achieve success with your personal injury claim.

What If The Other Driver Was Uninsured Or Underinsured In An Accident?

If you find yourself navigating Pennsylvania’s roads, it’s imperative to understand and have adequate knowledge of uninsured/underinsured driver coverage in the event of an accident. Either on the news or in your personal experience, you may have witnessed or heard about severe car accidents in your area, especially if you live or commute from a bustling city like Philly or a surrounding county.

In the event of a collision with an uninsured or underinsured driver, this insurance becomes your lifeline. It’s your insurer’s obligation to shoulder the burden of medical bills and property expenses. By making sure you’re covered with insurance, you’re taking a proactive step to safeguard your financial well-being and peace of mind in the face of unforeseen accidents.

Car Accidents Statistics In Philadelphia For 2022

According to PennDOT, there have been an alarming number of car accidents in Philadelphia, approximately 8,714. If we divide 8,714 by the number of days in a year, we find that there were nearly 24 car accidents everyday in Philadelphia. These crashes resulted in the death of 134 people and 5,549 injuries.

In Pennsylvania, the highest number of traffic-related deaths was experienced in Philadelphia County. Philadelphia County alone accounted for 12.1% of total traffic fatalities in Pennsylvania.

Pennsylvania Motor Vehicle Accident Statistics

Among the current statistics last year, Pennsylvania recorded a total of approximately 85,464 motor vehicle crash-related fatalities. Of these fatalities, car drivers accounted for 62%, while car passengers constituted 28%. Motorcyclists and pedestrians each represented 5% of the total, and pedal cyclists comprised approximately 3%.

Alcohol-impaired drivers continued to be a significant factor in these accidents. Around 48% of fatalities occurred between midnight and 2:59 AM. During the nighttime hours, nearly 39% of fatalities occurred from 9 PM to 11:59 PM, and 39% of car accident crash victims were killed at unknown times as a result.

Regarding personal injury reports, there were approximately 4,201,000 individuals injured in traffic accidents in Pennsylvania last year. Of these, 54.2% were passengers in cars, 38.9% were light truck drivers, 4.5% were large truck drivers, 1.9% were on motorcycles, 0.3% were bus drivers and passengers, and 0.2% were in other vehicles.

Regarding fatal accidents, approximately 56,832 were reported, comprising 38.6% involving light trucks, 37.9% involving passenger cars, 11.2% involving motorcycles, 10.8% involving large trucks, 1.1% involving other vehicles, and 0.4% involving buses.

Between the tri-state area of Delaware, Pennsylvania and New Jersey, there are hundreds of thousands of car accident victims per year. Even safe drivers are not immune, so you should be aware of what you should do in the event of an accident.

Our accident attorneys will provide you with solutions.

Primary causes of car accidents

Millions of Americans travel and commute every day, so it’s important to consider the potential risks when behind the wheel. There are several mistakes which often result in severe car accidents. Driver negligence is one of the most common causes of auto crashes. Other contributing reasons include:

  • Driving while intoxicated;
  • Speeding;
  • Tailgating;
  • Dangerous multi-lane left turns;
  • Distracted or reckless driving;
  • Texting while driving;
  • Red light jumping;
  • Failure to park properly;
  • Avoiding safety gear such as seat belts and helmets;
  • Non-adherence to lane driving;
  • Not following directions;
  • Mechanical issues;
  • Ignoring school zone speed limits;
  • Merging on a highway;
  • Violation of traffic rules;
  • Driving without a license; and more.

There are also other external factors that can contribute to car accidents such as poor weather conditions, faulty road infrastructure and traffic congestion. It is important to identify the main cause of the accident in order to determine who is at fault. With the right preparedness, there could have been a different outcome.

What Types Of Injuries Do Car Accidents In Philadelphia Cause?

Car crash survivors in Philly need time to recover due to the life-threatening injuries. Whether it is a minor or a severe collision, it may result in pain, disability, and even fatal injuries in extreme cases. Our successful Philadelphia car accident attorneys urge you to seek the assistance of an experienced attorney if your accident results in any of the following:

  • Traumatic brain injuries: Car accidents cause traumatic brain injuries resulting in disability or even wrongful death in extreme cases. It may occur when an individual’s head is injured due to hitting some part of the car.
  • Spinal cord injuries: After a car accident, sometimes the body gets violently thrown or twisted in unnatural positions. Consequently, an individual may get injured resulting in spinal cord injuries which can lead to paralysis that can be full or partial.
  • Broken Bones: Broken bones are common even if the accident is minor. Some common broken bones are wrists, ankles, ribs, pelvis, arms, and wrists. Some fractures can be simple and heal easily. However, some may take time to heal owing to the severity of the fractures and may even require surgery.
  • Disfigurement: In car accidents, the broken glass or forceful impact against windows may leave the driver injured with lacerations. Some disfigurements may even require surgeries and leave lifelong scars.
  • Burns: In a car accident, the driver may get exposed to chemicals, hot fluids, hot surfaces, or steam and may get burned easily. Furthermore, the car can easily catch fire in an accident which may worsen the chance of burn injuries.
  • Whiplash: Whiplash is one of the most common injuries after a car accident even when the motor vehicle in question is driving at low speed and passengers are using safety equipment such as seat belts.
  • Soft tissue injuries: When a car accident occurs, tendons, muscles, and ligaments are susceptible to injury. The accident may also cause sprains, bruising, and strains that can be painful and long-lasting.

Medical expenses due to catastrophic injuries may drain your savings. Dangerous car accidents can potentially cost injured victims a fortune. If you have been injured in a car accident, do not sign any settlement agreement without consulting your auto accident lawyer in Philadelphia first.

How Much Is My Philadelphia Car Accident Claim Worth?

Every car accident case is unique and several factors determine the actual value of your claim. Having adequate legal representation will go a long way in determining the final dollar amount. The settlement amount will depend on:

  • Whether you negotiate a settlement or go to trial;
  • The severity of the injuries;
  • Your long-term medical prognosis;
  • Whether you were the primary financial earner for your family;
  • Your percentage of fault for your injuries; and 
  • Ongoing rehabilitative and home services costs. 

Settlements for accident lawsuits are intended to grant the plaintiff financial benefits and bring relief to their families. Any actual damage award will depend on the particulars of your case. An experienced car accident attorney in Philadelphia can provide you with the necessary information about how to proceed further. Their job will be to negotiate with the insurance companies to compensate you for your losses.

According to expert legal surveys, car accidents lawsuits on average settle between $20,000 to $30,000.

What Damages Can You Recover After A Car Accident?

The extent of loss and damages can vary with exceptions from person to person, as it could depend on the type of insurance you carry. Accidents involving multiple drivers or parties can also complicate things. It is best to thoroughly evaluate all losses before filing a personal injury lawsuit. You can request compensation from your insurance carrier for all your expenses ranging from injuries to treatment costs, vehicle wreckage, lost wages, pain, and suffering. Here are some more details about the damages that you can recover:

  • Property damage— When a car accident damages your vehicle, house, or any other property, you can include it in your claim.
  • Medical expenses— The treatment recommended by your healthcare expert should be followed perfectly. You can add to your claim the cost of all treatments.
  • Lost wages— Suppose, you are unable to go to work due to the injuries, you are entitled to pursue any wages lost.
  • Pain and suffering— Apart from injuries, damages, and other losses, you can include in your claim other suffering such as anxiety or depression.
  • Wrongful deathWhen you or your loved one has sustained severe injuries and could not survive, you deserve compensation for wrongful death.

Pennsylvania has modified comparative negligence law which states that if you have more than 50% blame for the accident, you will not be entitled to recovery. However, in the case when you are found liable for the collision, your compensation will be reduced by the percentage equivalent to your fault. Your attorney will negotiate with insurance companies on your behalf. If your case is won, you’ll be able to claim all of the money spent on hospital bills, car repairs, and attorney fees.

Statute of Limitations in Pennsylvania

In Pennsylvania, there is a limited timeframe to file a lawsuit after a car accident known as the statute of limitations. Generally, the time frame for filing personal injury claims is two years from the date when the accident occurred. 

As such, it is essential to speak with an attorney as soon as possible after the occurrence of a personal injury accident, to discuss the viability of your claim and ensure that your case gets filed within the specified timeframe.

Who is at fault in a car accident?

After facing a car crash, it is important to identify personal or product liability. In order to determine an at-fault driver, a thorough investigation of the crash needs to be conducted. Generally, determining an at-fault driver in an automobile accident involves looking at the facts, such as their driving history or record, and applying the applicable laws. 

Commonly, the liable party is the driver who acted negligently; however, other parties may be responsible. Some of the other parties who may also be liable in a car accident are as follows:

  • Shipping companies: Some accidents may occur due to an error made by the shipping company to maintain balance while transferring loads in a tractor-trailer, thereby causing injuries to other car and vehicle passengers sharing the road with them.
  • A government entity responsible for maintaining roads: Government agencies, in this case, Pennsylvania or PennDOT, will be responsible for maintaining the roads in proper condition.  If the road is in poor condition, or there was not a proper warning to drivers of an upcoming hazard, then the government agency may be liable for an accident.
  • Auto part manufacturers: If an auto company sells a part to a driver that is not up to safety standards and does not mention this to the consumer, they can be held responsible if said part causes an accident. This includes any accidents or injuries caused by the malfunctioning product.
  • Bar, or other establishment if the driver is under the influence of alcohol: According to Pennsylvania’s Dram Shop Law, any establishment can be held liable if a car accident occurs due to the negligence of someone drunk driving. An individual who is visibly intoxicated while sitting at a bar should not be served any drinks, and it is illegal to drive a car in Pennsylvania. To prove the restaurant or bar is liable for the accident or injuries, the victim of the accident needs to prove that the alcohol in question was served to a visibly intoxicated individual.

Can You Sue For Pain And Suffering For An Auto Accident Injury In Philadelphia?

If you or a loved one has been injured in a dangerous car accident in Philadelphia and have suffered injuries due to another person’s negligence, you may be entitled to compensation. 

In many instances, however, your compensation will depend dramatically on your insurance policy. Depending on the terms and conditions of your policy, you may or may not be eligible to receive non-economic damages such as pain and suffering. Your Philadelphia car accident lawyer will help build a strong case and compare with previous precedents to ensure a fair deal with the insurance carrier.

Difference Between Full Tort & Limited Tort

In Pennsylvania, you face a choice between two types of insurance coverage: limited tort insurance and full tort insurance. Opting for limited tort may seem cost-effective initially, but it can prove more expensive in the event of an accident.

With full tort coverage, you have the option to sue for various expenses, including medical costs and non-economic damages, such as pain and suffering resulting from lifestyle changes post-accident.

Conversely, limited tort offers lower upfront premiums, but it restricts your ability to claim non-economic damages unless you meet specific criteria, defined as a “serious injury” in your policy.

While limited tort might appear budget-friendly, it’s often safer to go for the full tort option, which provides broader coverage. However, it usually comes with higher premiums. In the case of an accident, having full tort coverage allows you to seek a wider range of compensation, although this comes at a cost in terms of premiums.

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Which Car Accident Cases Do Not Involve Proving Any Negligence?

There may be situations where it is not required to prove negligent actions from the drivers themselves. Suppose the accident simply occurred due to the malfunction of the car parts or if the car parts are defectively designed, there is no need to prove any negligence. 

Car manufacturing companies will take every step to avoid any responsibility to pay for the cost of the accident. They will use arguments to avoid any liability such as the car driver could not perform behind the wheel or was aggressive driving. However, it will be clear from any evidence or camera footage what caused the deadly collision.

The state or government could also be held at fault if poor road conditions led to the accident and there were no hazards in place to alert drivers of any danger.

Contact A Philadelphia Car Accident Lawyer At The Law Offices Of Greg Prosmushkin

For our legal team, your comfort is paramount. It will not cost you a penny to discuss your auto crash case with one of our professionals. 

In fact, we specialize in Philadelphia personal injury cases, and are well-versed in Pennsylvania law. It is part of our mission to strive to build a thriving legal community and give our clients the best chance of winning their case. Our strategic content marketing and communication allows us to engage with potential clients who are seeking the right legal guidance.

Our team offers free initial consultations to all potential personal injury clients. To arrange yours, contact our personal injury law firm by calling one of our offices: (215)-799-9990 in Philadelphia. Call us through your cell phone, visit us online on your computer or mobile device or send us an email to  choose a lawyer who’s right for you today.

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