Were You Injured on a Holiday Road Trip?By Gabriel Levin on January 25th, 2018
More drivers on the roads during Christmas and New Year’s means more motor vehicle accidents. When drivers operate their vehicles in a careless, reckless, or distracted manner – or while under the influence of drugs or alcohol – they jeopardize the safety of everyone else on the road at that time. Drunk driving during the holidays is especially dangerous. According to statistics provided by the National Highway Traffic Safety Administration (NHTSA), last December alone, 781 people lost their lives in drunk driving crashes.
If you have sustained personal injuries in a Philadelphia car accident, you need experienced legal counsel by your side every step of the way. The Philadelphia personal injury lawyers at The Levin Firm can provide you with the high-quality legal representation you need to recover monetary compensation in your case.
Contacting a Philadelphia Car Accident Lawyer Early-on
When it comes to filing a claim for personal injuries in the Commonwealth of Pennsylvania, time may be of the essence in your case. Under Pennsylvania law, any claim for personal injuries or damages must ordinarily be filed within 2 years of the date of your accident, absent some very rare exceptions. If your personal injury claim or lawsuit is not filed within that time period, you may be forever barred from seeking monetary compensation or from filing suit for the injuries and damages you sustained in your accident.
Seeking Medical Treatment for Your Injuries
If you sustained injuries and damages on a holiday road trip in Pennsylvania, you should seek emergency medical care and treatment at a local hospital ER or urgent care facility as soon as possible. After you have been discharged from the ER, you should seek follow-up medical care and treatment—especially if the ER doctor so-recommends. A lawyer can be helpful during this process and can help you explore additional or alternative treatment options, such as the services of a medical specialist or pain management specialist. A personal injury lawyer can also gather copies of all of your medical bills records and bills, forward them to the insurance adjuster, negotiate a monetary settlement with the insurance company on your behalf, and file a timely lawsuit, if necessary.
Successfully Proving Your Personal Injury Case
In order to recover monetary compensation in a Philadelphia, Pennsylvania car accident case, you must be able to prove both liability (fault) and damages. Specifically, you must be able to show that the other driver owed a duty to drive in a reasonable and careful manner on the road but breached this duty by violating a traffic law, by speeding, or by driving while impaired. You must also be able to show that you sustained injuries and damages in the accident. Common injuries sustained in motor vehicle collisions include soft tissue injuries, fractures, broken bones, concussions and traumatic brain injuries, and spinal cord and back injuries. Finally, you must be able to show that all of your injuries and damages are “causally connected,” meaning that they were directly caused by the motor vehicle collision, as opposed to some prior or preexisting illness, injury, or medical condition. The skilled personal injury lawyers at The Levin Firm can help you prove the necessary elements of your case and maximize its settlement or verdict value.
The Value of a Philadelphia Car Accident Case
The amount of money you are able to recover in a personal injury case depends primarily upon the amount of insurance coverage available. The amount of available insurance coverage depends upon the applicable insurance policy limits. The insurance policies of both the driver and/or the owner of the at-fault motor vehicle may be in play, as well as the car accident victim’s own insurance policy, in the case of an uninsured or underinsured motorist claim.
In cases where the at-fault driver was uninsured at the time of the accident – or where the at-fault driver’s insurance policy limits are not sufficient to cover the accident victim’s medical bills and damages – then the accident victim’s own insurance policy may be able to step up to the plate, so to speak, and provide the necessary coverage. Although the total amount of insurance coverage plays a large role in the ultimate value of a personal injury case, other factors also contribute to the case’s value, including:
- Fault for the accident (i.e. liability) – specifically, whether or not the at-fault driver’s insurance company is disputing fault by alleging that you caused or contributed to the accident.
- Property damage to the vehicles – where, in the mind of the at-fault party’s insurance company, the more significant the property damage to the vehicles, the more monetary value your case has.
- Nature and extent of personal injuries and damages you sustained in the accident where the more significant your injuries and damages, generally speaking, the more valuable your personal injury case. Moreover, the estimated costs of any future surgeries, medical procedures, and medical care can be added to your total damage figure.
- Medicare and health care liens – when Medicare or a private health insurer pays for all or part your medical care and treatment, they may be entitled to a lien or setoff against some or all of your recovery obtained via settlement or judgment, thereby chipping away at your potential net recovery.
Contact a Philadelphia, Pennsylvania Car Accident Lawyer Today for a Free Legal Consultation and Case Evaluation
No one asks to be injured in a car accident—especially over the Christmas and New Year’s holiday. If you have sustained personal injuries and damages in a car accident that was caused by another driver’s negligence, you should contact an attorney as soon as possible. The goal of the at-fault insurance company is not to offer you full and fair compensation. Rather, their goal is to settle your case for as cheaply as possible. The experienced team of personal injury attorneys at The Levin Firm know the tricks and tactics that insurance company adjusters use to try and undervalue personal injury cases. We will fight for your right to monetary recovery, even if it means filing a lawsuit and litigating your case through the Pennsylvania court system. To schedule a free consultation and case evaluation with a Philadelphia, Pennsylvania car accident lawyer, please call us or contact us online today.