The experienced Philadelphia auto accident attorneys at The Levin Firm are committed to standing up for the rights of victims injured in traffic accidents and helping them receive proper compensation from any responsible parties. Each auto accident case is different, with its own unique circumstances and complexities. At The Levin Firm, we bring our extensive resources and skills to the table in order to provide the highest quality in every case no matter what it entails.
The National Highway Traffic Safety Administration (NHTSA) reports (1) that 21,667 people in the United States were killed in auto accidents and another 2,091,000 suffered injury in 2012 alone. Such statistics demonstrate the high risk of accidents and injuries that Americans face every time they climb into a motor vehicle. Millions of passenger vehicles travel in or around Philadelphia on a daily basis, so chances are high that you will be involved in a collision at some point during your driving tenure. Such collisions have the potential to cause serious injuries and may cause you to experience significant losses as a result.
Car accidents may occur in a number of different ways and the type of collision may often correlate with certain types of injuries that victims suffer. For example, rear-end collisions often occur because of sudden braking or deceleration, tailgating, distracted driving, or a combination of those factors. Victims of rear-end accidents commonly suffer from whiplash, a painful and sometimes chronic injury to parts of the neck. Additionally, victims who are involved in an accident in which a car rolls over often suffer traumatic brain injuries or other head trauma. Broadside collisions, also known as “T-bone accidents,” generally cause severe, life-threatening injuries due to the lack of protection from a bumper or crumple zone at the point of impact. Broadsides often happen in intersections because a vehicle failed to properly yield or obey a traffic signal. No matter what type of accident you have experienced, you should always consult with an experienced lawyer if you suffered injury or other losses.
Individuals who have been injured in a car accident may be able to recover significant compensation for their injuries and other losses, but it is important to act quickly. Any delay in discussing your case with an attorney can jeopardize your ability to recover, as Pennsylvania’s statute of limitations (2) on tort claims requires such claims to be filed within two years of the accident. Gathering evidence and assessing all potential damages often takes time, so it is advisable to retain an attorney as soon as possible. Furthermore, if you are not represented by an attorney, insurance companies may try and take advantage of you and attempt to pressure you into accepting unreasonably low settlement offers in exchange for giving up your right to bring a legal claim in the future. Finally, waiting to file a claim also risks the loss or destruction of evidence critical to your case, as well as the possibly that witnesses’ memories will fade.
Our law firm takes all of our car accident cases on a contingency fee basis, which means that we do not get paid unless we bring your case to a successful resolution. As a result, our success is directly linked to the success of our clients, so you can be certain that we are working as hard as possible to make sure you recover for your injuries.
If you have suffered injury-related losses in a car accident, please contact The Levin Firm as soon as possible to schedule your free initial consultation to discuss how we can help you recover.
Car accidents are stressful and often traumatic events after which victims may understandably be upset or disoriented. However, if you are the victim of a Philadelphia car accident, it is important that you take certain steps after an accident if possible to increase your chances of recovery from any responsible parties. If you are involved in a collision, try to remember the following:
Seek medical attention–If medical personnel on the scene believe that you require emergency medical attention, always follow their advice. Your health should be your number one priority and you should not risk greater injury by refusing to be transported to the hospital. If you do not require emergency care, you should always seek an evaluation from your doctor as soon as possible following the accident. A doctor can detect injuries that you may not even realize occurred and medical records can serve as important evidence in a car accident case.
Collect information–If you are able to remain on the scene of the accident, begin collecting as much information as possible. Record the names and contact information of all drivers involved or witnesses who stopped. Take down the license plate number or other identifying information of other vehicles. Take photos of the scene of the accident, including any conditions that are out of the ordinary such as road hazards, tire marks, or anything else that may seem relevant.
Write down your recollections–As soon as possible, you should write down your recollection of every possible detail of the events before, during, and after the accident. Memories fade and auto accident cases may take time to resolve, therefore such notes will ensure that you accurately remember the events and do not fail to recall important details at a later date.
Be careful when you speak with insurance companies–You will likely be contacted by the insurance agents of the other parties involved in the accident. While it may seem like these agents are trying to help you, they may actually use what you say against you to limit their liability for any claims you bring. Never, under any circumstances, admit any fault or give details of your account to the other party’s insurance company. Instead, you should always communicate with these agents through an auto accident attorney with experience negotiating claims.
Call an attorney–Following a car accident, you should always consult with an experienced Philadelphia car accident lawyer as soon as possible. An attorney may help you negotiate with insurance companies and will also discuss a potential personal injury claim against any responsible parties to ensure you receive the full amount of compensation you deserve for your injury-related losses.
In order to recover in court for any losses you suffered as a result of a car accident, you must adequately prove that another party acted in a negligent manner to cause or contribute to the accident and your injuries. Though most people have heard the term “negligence” numerous times, many individuals may not fully understand what negligence encapsulates and the role it plays in a car accident case. To prove negligence, you must present sufficient evidence of the following elements:
All drivers have the legal duty to drive in a reasonably safe manner to avoid accidents and injuries to other motorists. Therefore, in a car accident case, you can often prove the duty element by simply showing that the person was behind the wheel of a car at the time of the accident. It is substantially more challenging, however, to obtain and present evidence that the driver breached their duty by failing to drive in a safe manner.
There are many ways in which drivers may act negligently to cause accidents, including but not limited to the following:
Sometimes, proving that a driver was engaged in such a negligent behavior when the accident occurred can be more complex than you might imagine. For example, if you believe that the driver was texting, simply stating your belief in court will not necessarily be adequate evidence. Instead, you may have to present phone records, witness accounts corroborating your belief, and more in order to make a sufficient showing of negligence to win your case. An experienced auto accident lawyer understands how to present evidence of negligence in Philadelphia courts to ensure that you recover for your losses from the responsible party.
Car accident cases become even more complex when the negligent party is not another driver or even another person. Sometimes, the negligence of companies or government entities may be the cause of your accident. For instance, if an auto manufacturer produces and sells a vehicle with defective brakes and you lose control of your vehicle and crash, that manufacturer should be held liable for your injuries. Similarly, if a municipality fails to properly maintain the roadways and you crash due to a dangerous road condition, that city should compensate you for your losses. A skilled Philadelphia personal injury attorney will have the resources and skill necessary to bring claims against large corporations or government entities.
At times, another party may have acted negligently, though your actions may have also contributed to causing the accident. Just because you may have been partially at fault does not mean that you cannot recover or should not bring a personal injury claim against the other driver. Under Pennsylvania law 42 Pa. Cons. Stat. § 71023 (3), a court will attribute a percentage of fault to each party involved and, if the other party is found to be at least 51 percent responsible, you may still recover for their percentage of fault. For this reason, even if you believe you were partially at fault, you should still always consult with an experienced Philadelphia attorney to discuss a possible claim.
Personal injury cases commonly arise from car accidents because victims often suffer very serious injuries that can have a lasting effect on their lives. Injuries that are commonly sustained by auto accident victims include:
Many injured victims require substantial medical care including emergency treatment, hospital stays, surgical procedures, repeated doctor and specialist visits, rehabilitative therapy, physical therapy, home health care, medical equipment and medications, and much more. In addition to incurring extensive medical expenses, many victims are unable to work while they recover, causing them to lose income or perhaps even their job. Victims who suffer catastrophic injuries such as traumatic brain or spinal damage may never fully recover and may suffer permanent disability or disfigurement. Furthermore, injured motorists often temporarily or permanently lose their ability to enjoy their lives and may experience significant emotional effects of their injury, as well.
In addition to proving negligence, a personal injury claim also requires for you to prove your accident-related losses. Calculating losses is often a highly complicated task as many losses are intangible or may be suffered in the future. An experienced Philadelphia personal injury lawyer knows how to accurately calculate and prove damages to ensure you receive the maximum possible settlement or award. Such an award may include reimbursement for the following:
Unfortunately, the Pennsylvania’s limited tort insurance option prevents many injured motorists from recovering for noneconomic, intangible losses such as pain and suffering. However, an experienced Philadelphia attorney who fully understands Pennsylvania state law can work to prove that your injury is serious enough to meet the limited tort threshold or that other circumstances qualify your case for a limited tort exception so that you may fully recover for all monetary and non-monetary losses.
As you can see, personal injury cases that arise from auto accidents can be very complicated and involve significantly more than simply pointing blame in another driver’s direction. For this reason, it is imperative to seek the assistance of an auto accident attorney in Philadelphia who knows how to handle the complexities of a personal injury case.
An experienced auto accident lawyer can help you in several different ways following a car accident. First, as mentioned above, an attorney can communicate with insurance companies on your behalf. At the Levin Firm, our qualified lawyers are trained negotiators and understand how to successfully argue for the maximum possible insurance settlement.
If the responsible driver does not have adequate insurance, our personal injury lawyers know how to best handle uninsured or underinsured claims. If you have a relevant uninsured or underinsured policy, we can bring a claim against your own insurance company for the monetary losses that were not covered by the liable party. While these cases generally take place in a courtroom, they have unique requirements and procedures so you always want to make sure you have an attorney who understands this particular type of claim.
If you are still unable to recover for all of your accident-related losses via insurance claims, an attorney can file a personal injury claim on your behalf. At the Levin Firm, we guide our clients through every stage of the legal process, which may consist of numerous stages including:
We will use our extensive resources to fully investigate all of the circumstances surrounding your accident, using expert analysis or accident reconstruction whenever necessary. We will then use all of the information we uncover as leverage in settlement negotiations with the liable party.
While we will always try to negotiate an adequate settlement agreement to save you the time and energy involved in trial, we are skilled litigators and will not hesitate to take your case before a jury to make sure you receive the full amount you deserve. Our attorneys have a thorough understanding of how the Philadelphia civil justice system works, including all relevant court rules and procedures, and we are committed to fully protecting the rights of injured auto accident victims through every stage of the legal process.
If you have suffered injury in a Philadelphia auto accident, your main concern should always be on your physical and mental recovery and you should not have to constantly worry about your legal case. For this reason, we make certain to regularly communicate with clients and will keep you up to date on any new developments in your case. We provide careful attention to each individual auto accident case and will always zealously advocate on your behalf. If you have suffered injury, please do not hesitate to call 877-825-8542 to schedule a free consultation with the experienced Philadelphia car accident lawyers at The Levin Firm today.
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