Berwyn is a Main Line suburban town, meaning that you basically need a car to get anywhere. Driving or riding in a car is likely to eventually result in a crash, and if that happens, our lawyers are ready to help you.
When you get into an accident, do not rely on your insurance or the at-fault driver’s insurance. Instead, get help from an attorney. We can take at-fault drivers and insurance companies to court to get you the damages you need.
Call our car accident attorneys today at The Reiff Law Firm at (215) 709-6940 for a free review of your case.
Do I Have a Car Accident Case?
There are a few important issues with car accident cases that can show you whether or not you have a case. While some of these are negotiable, not meeting every one of these can make your case harder. If you are not sure about whether you have a case, our car accident lawyers can assess your situation in a free case review.
At-Fault Party
First, you have to have someone else be at fault for the crash. If you caused your accident, you might not have a claim beyond using your first-party benefits on your insurance. Generally, you need to show someone else caused the accident, whether that is another driver or someone else, such as a defective auto manufacturer.
Elements
Second, you need to meet all the elements of a claim. These are non-negotiable: you have no case if you do not have all four elements met:
- The defendant owed you a duty (often based on a traffic law)
- The defendant breached that duty
- That breach caused your injuries
- You suffered injuries and damages.
Compensable Damages
While damages are one of the four elements listed above, it is important to discuss what kinds of damages you might have. You can get compensation for the economic and non-economic damages in your case, meaning you will usually point to medical bills, lost wages, pain and suffering, vehicle damage, and more.
Evidence
While our lawyers can help you collect other evidence, you should have at least some proof that the defendant caused your accident. This can start with your testimony or witness testimony, but it can be backed up with photos of the accident scene, security footage of the crash, and info from a police report, along with other evidence.
Do I File an Insurance Claim or a Lawsuit for a Car Accident Injury in Berwyn?
When you get hurt in a car accident, a lawsuit will often be needed to maximize your damages.
In Pennsylvania, we have “limited tort” insurance policies that block lawsuits in some cases. If you meet the necessary thresholds for a lawsuit or you have a “full tort” policy, then you are allowed to sue.
With either type of policy, you have some medical coverage to pay for your injuries regardless of fault, and you may have additional first-party benefits such as collision coverage and injury coverage. However, the at-fault driver should pay if they were the one who hurt you.
You can file a third-party claim against their insurance, but the insurance company is likely to put up a fight. If they refuse to pay, then we have no choice but to take them to court for your full damages.
What Happens in a Car Accident Lawsuit?
Our attorneys can file your case in court, putting the decisions before a judge and jury instead of the insurance company.
We present your initial case by filing a complaint that lists the elements, how they are met, what evidence we have, and what the defendant did to cause your injuries. We also list the damages we are claiming.
From there, there are hearings and arguments to be made about potential evidence issues. In some cases, facts are stipulated so that we do not need to ultimately prove everything, just the issues that are in dispute.
When the case goes to trial, both sides present evidence and witnesses to the judge and jury. The jury hears the evidence and decides the necessary facts:
- Who was at fault?
- Did the victim share any fault?
- Did the victim meet all four elements of a negligence case?
- How much does the injury cost?
The judge decides legal issues, such as admissibility of evidence, objections, and jury instructions. Cases can be settled at any time, but taking a case all the way to a jury decision may be necessary for your case.
Will I Need to Testify in My Car Accident Case?
Whether your case is handled through insurance alone, is settled, or goes all the way to trial, you will typically need to testify or otherwise go on the record.
Insurance companies often ask for recorded statements, but you should never give one of these unless you talk to our lawyers first and get legal advice on how to answer their leading questions.
During injury cases, many witnesses take depositions. This is like in-court testimony, but we do these interviews in law offices and record the questions and answers. Sometimes this can be introduced at trial, but it is often used to gather all evidence to prepare for trial.
At trial, you will often need to testify. Your story about what happened makes you the star witness in your case unless someone else happened to see everything as well as you did. This makes your testimony vital, but you do not need to testify alone. Our lawyers will be there to prepare you for trial and object to any unfair questions or unfair pressure from the other side.
What Evidence Do I Need for a Car Accident Claim?
As noted, your testimony and the testimony of any witnesses will be vital to telling the story of your case. If there was video of the crash, that is also great objective evidence.
Otherwise, the following will all help, too:
- Medical records
- Doctor’s reports
- Vehicle appraisals
- Photos of damage
- Accident reconstruction analysis
- And more.
Call Our Car Accident Injury Attorneys in Berwyn Today
If you were involved in an accident, call the car accident lawyers at The Reiff Law Firm at (215) 709-6940 as soon as you can.
