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How Does A Car Accident Lawsuit Work in Pennsylvania?

How Does A Car Accident Lawsuit Work in Pennsylvania?

At Justice Guardians PA, we understand that being injured in a car accident can be devastating for your family, and we take great pride in fighting for car accident victims. Our car accident attorneys are skilled at helping you understand your legal rights and protecting your rights to compensation.

A car accident lawyer in PA will be able to advise you about your legal rights and assist you with a car accident lawsuit. At Justice Guardians PA, we believe that car accident victims deserve compensation for their injuries, and we have the experience and skill to help you achieve this goal. Our car accident attorneys are skilled at helping you understand your legal rights and protecting your rights to compensation.

Local medical facilities:

  • Kensington Hospital
  • Esperanza Health Center
  • Temple Comprehensive Health Center at Episcopal Campus - Adult Medicine
  • Front Medical Center

When to File a Car Accident Lawsuit?

Car accidents happen every day. Unfortunately, most car accident victims do not realize that they may have legal rights against the person responsible for causing their injuries.

In order to file a successful lawsuit, however, you must first determine whether you have a valid claim against the defendant. This means filing a personal injury lawsuit within three years after the accident occurred.

Here are five questions to ask yourself to determine whether you have a case worth pursuing.

#1. Was There an Injury?

Did you suffer any physical injuries due to the accident? If yes, was the injury serious? Did you seek medical treatment immediately following the accident?

#2. Were There Any Property Damages?

Were there property damages caused by the accident? For example, did you damage another vehicle or cause property damage?

#3. Was There a Loss of Income Due to the Accident?

Was there a loss of income due to the accident? Did you miss work due to the accident?

#4. Was There Damage to Personal Belongings?

Was there damage to your personal belongings, such as clothing, shoes, or electronics?

#5. Was There Emotional Distress Caused by the Accident?

Did the accident cause emotional distress? Did you feel depressed, angry, or humiliated?

These questions should give you a better idea of whether you have a legitimate claim against the defendant.

If you answered "yes" to any of these questions, you might have grounds for a personal injury lawsuit. However, if you answered "no" to all of these questions, you still may have grounds for a lawsuit.

To learn more about filing a car accident lawsuit, speak with an experienced car accident attorney.

How Long Do I Have to File a Car Accident Lawsuit in Pennsylvania?

In Pennsylvania, car accident victims have two years after an injury occurs to file a lawsuit against the responsible party. 

When the statute of limitations expires, you no longer have legal recourse. Therefore, it is very important that you file your car accident lawsuit or medical malpractice lawsuit within the allotted time period. If you miss the deadline, you may find yourself without a remedy. 

To learn more about filing a car accident lawsuit or medical malpractice lawsuit, contact our office today. We offer free consultations and can help negotiate with insurance companies. 

How Do Car Accident Settlements Work in Pennsylvania?

Car accidents happen every day. They can cause serious injuries and leave victims struggling financially. If you were injured in an accident, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and more.

In order to receive compensation for these damages, you must file a personal injury lawsuit against the responsible party. This means filing a claim with the insurance company that was involved in the car accident.

After you file your claim, the insurance company has 30 days to respond. During this time, the insurance company will review your case and determine whether or not they will accept responsibility for paying your claims.

If the insurance company denies liability, you may still be able to sue them for negligence. Negligence occurs when a person fails to exercise reasonable care under the circumstances.

Negligence cases are usually filed in court after the insurance company rejects your claim. However, you may be able to settle your case without going to trial.

There are two types of settlements available for car accident victims: lump sum settlements and structured settlements. Lump sum settlements pay you one amount upfront. Structured settlements allow you to receive payments over several years.

• Lump Sum Settlements

• Structured Settlement Payments

What is the Average Car Accident Settlement in Pennsylvania?

In order to receive a settlement, you must first file a claim against the insurance company responsible for paying your damages. This is called filing a lawsuit.

After filing a lawsuit, the insurance companies will offer you a settlement amount. However, you don't have to accept it right away. Instead, you can wait until after the case has been tried in court.

According to statistics compiled by the National Automobile Insurance Association, the average auto accident settlement in Pennsylvania is $25,000.

However, settlements vary depending on several factors, such as the following:

• How badly injured you were

• What type of vehicle you were driving

• Who was at fault

• Where the accident occurred

• How old you were at the time of the accident

• What happened to the other driver

• How much property damage was done

• What type of insurance coverage you had

• And more

It's important to remember that these numbers are averages. Some cases settle for far less than the average, while others go for much more.

Can You Sue For A Car Accident If You Are Not Hurt in Philadelphia?

In such cases, victims may seek compensation for medical bills, lost wages, pain and suffering, and emotional distress.

However, Pennsylvania law does not typically allow victims to sue for damages unless they suffer physical injury. This means that victims usually cannot file lawsuits against negligent drivers unless they were hurt in an auto accident.

So, if you were injured in a car accident and did not sustain any physical damage, you cannot sue for damages unless the at-fault party has insurance. Under some circumstances, one may be able to file a claim for property damage from the insurer of the negligent party. 

In situations that do not include injuries, an attorney would be needed to help the victim prove negligence and negotiate damages with the insurance company. 

Can I Solve This on My Own or Do I Need an Attorney?

In most cases, you can handle the situation yourself. However, if you don't understand the law or if you believe that the insurance company isn't doing its job, you may need an attorney.

Here are three things you should know about hiring an attorney after a car accident.

  • An Attorney Can Help You Get Compensation

After a car accident, you probably think you can handle everything yourself. You may think that you can negotiate with the insurance company and settle the case without an attorney.

However, if you don't have legal training, you may not realize that you aren't allowed to settle claims on your own. Instead, you must hire an attorney to represent you in court.

An attorney can help you collect compensation for medical bills, lost wages, pain and suffering, and other damages.

  • Hiring an Attorney Will Save Time and Money

Hiring an attorney will save you time and money. Attorneys usually charge hourly rates, meaning that you pay them regardless of how much time they spend working on your case.

  • Hiring an Attorney May Be Required by Law

Some states require that injured parties hire an attorney to represent them in court. In some circumstances, you must hire an experienced personal injury lawyer if you want to recover any compensation. If you live in another state, you may not be required to hire an attorney. But if you don't hire an attorney, you may not receive full compensation for your losses. So, if you were involved in a traffic accident, talk to an attorney to find out whether you need one.

Get The Compensation You Deserve 

At Justice Guardians, our car accident lawyers know that when it comes to car accidents, the insurance company has a team of lawyers and adjusters on the job. This is why it is important to retain an attorney for your car accident claim.

There are many ways that you can get hurt in a car accident. The most common type of car accident is a rear-end collision. It is also common for drivers to hit the other car or the car in front of them. Sometimes, a driver may be involved in a head-on collision. If you are injured in any of these types of car accidents, you should speak with a car accident lawyer as soon as possible.

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David Petrone
Date Published: August 25, 2022
David Petrone is a personal injury attorney at Justice Guardians.
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This website is sponsored by Justice Guardians, LLC. We have offices in Pennsylvania with attorneys licensed to practice law in the Commonwealth of Pennsylvania. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel for prosecuting cases and while this firm maintains joint responsibility, most cases are referred to other attorneys for principal responsibility.
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