How Car Accident Lawyers Fight for Fair Settlements for Injury Victims

BySW Solutions Ltd

Car accident lawyers assist injury victims in receiving fair compensation for damages resulting from a car accident. They develop strong claims, establish fault, and deal with insurance companies.

Philadelphia has heavy traffic on its highways, which can lead to serious car accidents. Those injured in car accidents may have hefty medical bills to pay and be out of work for a long period of time. A skilled Philadelphia car accident attorney will be familiar with Pennsylvania law and can deal with local insurance companies and the local court system.

How Do Lawyers Prove Who Was at Fault?

Proving fault is the basis of every car accident case. Insurance companies will not provide compensation without it.

The first step that attorneys take is to gather crucial evidence needed to prove the case. This includes police reports, photographs of the damage to the vehicles and the road, witness statements, medical records, and traffic or surveillance videos.

In some cases, attorneys may hire experts to reconstruct the accident. These experts study the effects of the accident to determine the cause.

Pennsylvania uses a modified comparative negligence rule. This means that an injured party may receive compensation if they are less than 51% responsible for the accident.

How Is a Fair Settlement Calculated?

After establishing fault, the next step is to determine the value of the claim. In other words, a fair settlement has to account for financial and personal losses.

Lawyers take into account:

  • Emergency room and hospital bills
  • Continuing or future treatment
  • Wage loss
  • Reduced future earnings
  • Pain and suffering
  • Emotional distress

According to the Centers for Disease Control and Prevention (CDC), motor vehicle crashes are a significant reason for injury-related death in the US. In fact, the victims of such accidents have to undergo a long period of rehab.

Without a proper evaluation of the value of the claim, victims may not have enough support to help their healing process.

How Do Lawyers Negotiate with Insurance Companies?

Insurance adjusters are trained to settle claims for the least amount possible. They may claim that the injuries were minor or not related to the accident.

Attorneys counter with organized medical records, expert opinions, and well-written demand letters that outline why the injured party should receive full compensation.

If negotiations are not successful, the lawyer may file a lawsuit. The threat of going to trial often prompts the insurance company to raise the settlement offer.

What If the Other Driver Has Little or No Insurance?

Some drivers may not have the required insurance or may not have insurance at all. This makes the compensation process more complicated.

Victims of accidents in Pennsylvania can use uninsured (UM) or underinsured (UIM) motorist coverage. A lawyer will look into all the relevant insurance policies and figure out how to recover the most compensation.

Pennsylvania also has a minimum first-party medical benefit. It is essential to know the process of these benefits to get a high compensation amount.

Why Legal Strategy Makes a Difference

Deadlines apply to car accident claims. In Pennsylvania, the majority of injury claims need to be filed within a period of two years from the date of the accident.

Lawyers help in handling paperwork, preventing the claim from being affected by recorded statements, and ensuring that the rules of the court are followed. This minimizes the risk of mistakes that may jeopardize the claim.

A good legal strategy ensures a fair and comprehensive settlement.

Key Takeaways

In car accident cases, strategic legal action is needed to ensure that the victims receive fair compensation. What you need to know:

  • The foundation of all successful cases is proving fault. 
  • A fair settlement will include compensation for medical expenses, wages, pain, suffering, and future expenses. 
  • Pennsylvania follows the rule of comparative negligence, which allows victims to recover damages if they are less than 51% at fault. 
  • The insurance company will try to deny your claim, and they have professionals working to ensure that they pay out less. 
  • In cases where the responsible driver does not have adequate insurance, uninsured/underinsured motorist coverage can provide additional compensation. 
  • Pennsylvania has a two-year statute of limitations for filing injury cases. 

With the help of a lawyer, victims of injuries can effectively go through the legal system to ensure they receive the compensation they deserve.