The personal injury law firm of The Law Offices of Greg Prosmushkin, with 30 years of experience, offers free consultations to all Pennsylvania clients. Call 215-799-9990 today or email us to contact our Philadelphia Car Accident Lawyer. We have been helping car accident victims pursue reimbursement for their economic and non-economic damages.
If you’ve ever been in a car accident in Philadelphia, Pennsylvania, you know that the experience is especially challenging if you are trying to figure things out on your own. We are proud of our work in helping our clients find justice when preparing a car accident lawsuit.
Our car accident lawyers are here in Philadelphia and the greater Philadelphia region, including Bucks County, Delaware, and Montgomery County, and we are ready to go to work for drivers like you. We even offer a free consultation and case evaluation.
Car accidents can cause severe injuries, leading to physical, emotional, and financial hardships. Understanding the legal process is crucial to securing fair compensation for medical bills, lost wages, and other damages.
It can be a traumatic experience to face a car accident. Along with injuries, the victim may also have to face a financial crisis owing to inciting medical bills, lost income, and vehicle damage. Experienced personal injury law firms such as The Law Offices of Greg Prosmushkin can help injured victims navigate the challenging time by protecting their rights and fighting for fair compensation.
Some reasons why you should choose our injury law firm are as follows:
With over an experience of more than 3 decades, our lawyers have helped numerous clients in Philadelphia. They have an extensive understanding of car accident laws prevailing in Philadelphia.
Our law firm offers a free initial case consultation in which you can get answers to all your legal questions. They will let you know about different legal options and how to proceed with the personal injury claim.
As every car accident is unique, our attorneys take time to patiently listen to your accident case and work according to your needs.
Our lawyers provide legal advice based on your case and personalized attention to every client.
Car accidents may cause devastating injuries, and there may be incurring medical bills. Therefore, you may be under a tremendous financial burden. A Philadelphia car accident lawyer can help you deal with the legal process and recover the compensation.
Some of how a lawyer help you are as follows:
After a motorcyclist was killed by a school bus in Philadelphia, their loved ones sought compensation for wrongful death. Our compassionate and skilled lawyers supported the family and helped them with their claim, obtaining a $3,300,000 settlement on their behalf.
A $2,300,000 settlement for our client, who was seriously injured in a car crash in Northeast Philadelphia. Our knowledgeable car accident lawyer used their skills and experience to negotiate a fair settlement offer, getting them the financial compensation they needed.
A $1,250,000 settlement for a motor vehicle driver injured on the job. Our client was unloading improperly loaded cargo when they were hurt. We proved that the loaders were negligent, and our skilled attorney negotiated a fair settlement for our client.
A $1,000,000 settlement for the loved ones of a motorcyclist killed in a Bucks County crash. The victim was hit by a negligent tractor-trailer driver. Our team supported the family in a wrongful death suit and used their skills to obtain a million-dollar settlement.
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 are a few courses of action you can take:
You should always seek medical treatment for injuries, so listen closely to the advice of any medical professionals present at the scene. Your safety is the center of our focus.
The law enforcement authorities will create an accident report and collect any relevant evidence from the scene of the collision. This document will be important for your insurance and vital to pursuing legal action.
This is not the only document that will be important should you begin to file a personal injury claim. This will validate your actual damages. Providing any of this additional information to the auto accident injury lawyers will only strengthen your case.
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:
Whether your accident involves one, two, or multiple vehicles, an attorney can prove to be beneficial for you in securing your rights.
Millions of Americans travel and commute every day by car, so it’s important to consider the potential risks when behind the wheel. Several mistakes often result in severe car accidents. Driver negligence is one of the most common causes of auto crashes.
Negligence (i.e., a lack of due care as the law sees it) is why they call it an accident. Reckless driving beyond mere negligence, and other deliberate traffic violations under Pennsylvania law, increase the danger for law-abiding motorists, however.
Contributing causes of Philadelphia car accidents include the following:
There are also other external factors that can contribute to car accidents such as faulty road infrastructure and traffic congestion.
It is important to identify the main cause of the accident to determine who is at fault. As an essential aspect of representation, an experienced lawyer will identify the cause and then seek to hold the at-fault party or parties accountable by paying the victim or victims fair compensation for their injuries.
Car crash survivors in Philly need time to recover due to life-threatening injuries. Whether it is a minor or a severe collision, it may result in serious bodily injury including pain, disability, and even fatalities 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:
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.
If you are willing to file a personal injury 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 damage 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.
For legal purposes, 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.
The pain and suffering of the injured victim are examples of damages that are non-economic. Pain is most often defined, in this instance, as the actual physical injuries and associated physical trauma from a vehicle accident. Suffering is prolonged mental and emotional distress, including loss of enjoyment of life and loss of consortium, especially in the event of permanent injury or a wrongful death claim.
Pain and suffering can make it difficult to resume living a normal life after truck accidents. 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 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 reoccurring and prevent future injuries.
Severe injuries can stand in the way of our enjoyment of life, so you must seek justice. At-fault drivers should be held accountable for improving the safety of all drivers involved. If you face a car accident, hiring a Pennsylvania car accident attorney may help you achieve success with your personal injury claim.
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:
Economic damages from a car accident in PA are designed to reimburse you for all tangible, calculable financial losses that have resulted from the accident. This includes not only your current medical bills and lost wages but also projected future costs, such as the need for ongoing physical therapy or a permanent reduction in your earning capacity. In contrast, Non-Economic damages are intended to compensate you for the profound, intangible impact the injuries have had on your life. This includes physical pain, emotional distress, and the loss of enjoyment of life. It is critical for all Pennsylvania drivers to understand that the ability to recover these non-economic damages is heavily influenced by your choice of “Limited Tort” or “Full Tort” coverage on your own auto insurance policy. We created this table to help break down how courts can determine damages to award:
Damage Category | Purpose & Description | Common Examples | Key Considerations in Pennsylvania | ||||
Economic Damages | To reimburse you for all verifiable, out-of-pocket financial losses and future costs resulting from the accident. | – Past & future medical bills (ER, surgery, physical therapy) – Lost wages and income – Diminished future earning capacity – Vehicle repair/replacement costs – Cost of medical devices or home modifications (e.g., wheelchair ramp) | – Must be proven with documentation (receipts, invoices, pay stubs, expert reports). | – Your own “no-fault” medical benefits ($5,000 minimum) are used first for medical bills, regardless of who was at fault. | |||
Non-Economic Damages | To compensate for the intangible, non-financial impact the injuries have had on your life, including physical pain and emotional suffering. | – Physical pain and suffering – Emotional distress, anxiety, PTSD – Loss of enjoyment of life (inability to pursue hobbies) – Scarring and permanent disfigurement – Loss of consortium (impact on spousal relationship) | – CRITICAL: Your ability to recover these damages is heavily dependent on your auto insurance selection. “Full Tort” allows claims without restriction. “Limited Tort” prevents these claims unless you suffer a “serious injury” or another legal exception applies. | – Value is subjective and often calculated using methods like the “multiplier” approach, where economic damages are multiplied by a factor based on injury severity. | |||
Punitive Damages | Not to compensate the victim, but to punish the defendant for extreme or outrageous conduct and deter similar behavior in the future. | – Accidents caused by a driver who was severely intoxicated (DUI). – A crash resulting from an intentional or malicious act, such as road rage. – Hit-and-run accidents where the defendant showed extreme disregard for the victim’s life. | – Awarded only in rare cases involving “intentional, willful, wanton or reckless conduct”. | – Simple carelessness or negligence is not sufficient. The defendant’s behavior must be proven to be outrageous and shocking to the conscience. | |||
Settlements for personal injury 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 claims adjuster to compensate you for your losses.
According to expert legal surveys, car accident lawsuits settle on average between $20,000 and $30,000.
One or more parties may be to blame or share the blame when a car accident occurs in Philadelphia. This is a threshold matter that requires a prompt and in-depth investigation by your legal counsel.
In general order of probability, the potentially at-fault parties are as follows:
According to PennDOT, there have been an alarming number of car accidents in Philadelphia County. In 2023, there were 8,549 crashes. This accounts for 7.7% of all crashes in the state, making it the county with the fifth highest number of accidents. Of these motor vehicle crashes, 128 resulted in death and 5,526 resulted in injury.
In Pennsylvania, the highest number of traffic-related deaths (135) were experienced in Philadelphia County. Philadelphia County alone accounted for 11.2% of all fatalities in the state.
Though the total number of crashes decreased from 2022, the number of fatalities across the state increased in 2023. According to current statistics, Pennsylvania recorded a total of approximately 1,209 motor vehicle crash-related fatalities. Of these fatalities, there were 186 pedestrian deaths, 238 motorcyclist deaths, 27 bicyclist deaths, 308 alcohol-related deaths, and 280 speed-related deaths.
Occupants of passenger cars had the most deaths, 349, closely followed by light trucks/SUVs, 342, and then motorcyclists. Most fatality crashes occurred in October of 2023, followed closely by July and August. Similarly, most crashes happened on Fridays, with the number of fatalities on Saturdays and Sundays being proportionally greater than the number of crashes. Finally, male drivers were involved in the most crashes, with those under age 25 accounting for the majority of this demographic.
Between the tri-state area of Delaware, Pennsylvania, and New Jersey, hundreds of thousands of car accident victims are killed each year. Even safe drivers are not immune, so you should be aware of what to do in the event of an accident.
Under Pennsylvania 42 PA. C.S.A. § 5524 (2), there is a limited timeframe for filing a lawsuit after a car accident, which is 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.
There are some exceptions to this rule. For instance, for minors, the statute of limitations does not start running until their 18th birthday. If the claim is against the government, injured parties must file a notice of claim within 6 months of the injury.
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.
Accidents can unfortunately occur anywhere, including in front of your driveway and at your work parking lot. Beyond the unpredictability and singularity of where, when, and how, and to what extent a car crash takes place, traffic trends and patterns are subject to change. In Philadelphia, however, most accidents are said to occur at the following locations:
One of the functionally important jobs of a Philadelphia Car Accident Lawyer is to comprehensively explore all the possibilities insofar as the fault is concerned.
In identifying those who should pay monetary damages for your car accident, as outlined above, The Law Offices of Greg Prosmushkin will leave no stone unturned when it comes to finding and legally addressing all potentially responsible parties.
This kind of detailed inquiry comprises intense scrutiny, such as:
After a car crash, it is important to identify personal or product liability. A thorough investigation of the crash is needed to determine an at-fault driver. 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.
Most car accident cases are based on a theory of negligence. To prove negligence, a victim must show that they were (1) owed a duty of care; (2) there was a breach of duty; (3) causation; and (4) damages. Furthermore, under Pennsylvania’s comparative negligence law, a plaintiff can still recover as long as they are less than 51% at-fault for the accident.
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:
Pennsylvania is a choice no-fault state. This means that drivers in the state can choose whether they retain the right to sue. In Pennsylvania, then, you face a choice between two types of insurance coverage: limited tort insurance and full tort insurance. Additionally, personal injury protection (PIP) is mandatory insurance coverage for medical expenses and other losses related to a car accident, regardless of fault.
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 after an accident.
Conversely, limited tort offers lower upfront insurance 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.
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 for paying for the cost of the accident. They will use arguments to avoid any liability, such as the car driver not being able to perform behind the wheel or being aggressive while driving. However, it will be clear from any evidence or surveillance 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 no hazards were in place to alert drivers of danger.
Hiring a car accident lawyer usually involves a contingency fee. Under a contingency fee structure, the attorney will typically charge a percentage of the final settlement or jury award. This means that you only pay once they win. What you’ll pay will depend on the result of the case.
Unfortunately, a lawyer for car wrecks 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.
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