If you were hurt in a car accident, you could be entitled to substantial compensation. Damages you get in a car accident lawsuit could mean the difference between a financially difficult future and having yourself and your family taken care of.
Our lawyers aggressively seek damages for injured victims, whether that means taking individuals, trucking companies, or insurance companies to court. Never accept low-dollar offers early on in your case; always work with our attorneys to maximize your recovery and get your damages paid for.
For your free case review, call The Reiff Law Firm’s car accident lawyers at (215) 709-6940 today.
Damages Available in a Car Accident Case in Lehighton
When you get hurt in a car accident, you can claim damages for a number of common areas of harm:
Medical Bills
Medical care is one of the biggest expenses after your accident, and getting the full cost reimbursed is important. Your insurance should have some first-party benefits to help in this department, but it is often not enough to cover full treatment.
You may even face ongoing care needs for years to come, and it is important to have a lawyer and perhaps medical experts assess the total medical bills you should claim.
Lost Wages
If you miss out on work during your recovery or treatment, you can have the lost wages reimbursed. If your injuries will keep you from working at your previous capacity, you can also seek damages for the future wages you will lose.
This often means comparing what you would have made before the injury to what you are projected to make now. That accounts for reductions in wages or, if you can no longer work at all, the total lost future earnings you suffer.
Pain and Suffering
There are no bills for damages like these, but you can nonetheless claim monetary damages for
- Physical pain
- Mental anguish
- Emotional distress
- Embarrassment
- Scarring and Disfigurement
- Lost ability
- Lost enjoyment.
These make up your “non-economic damages” or “pain and suffering” damages. There are multiple ways of calculating them, and our car accident lawyers can choose the best method based on your particular circumstances.
Vehicle Damage
When you get into a crash in your own car, you can claim the cost of repairing your vehicle. If it was “totaled,” meaning the cost of repairs is higher than the remaining value of the vehicle, you get the remaining value paid instead.
Many accidents also reduce the remaining value of the car, even after it is repaired. This reduced value can also be part of your damages.
Other Expenses
You may face other incidental expenses, such as alternative transportation to doctor’s appointments, home adaptations, childcare costs, and more. These can also be claimed, as long as they were caused by the accident/injury.
Loss of Consortium
If you suffer injuries that interfere with your ability to perform household services and fulfill your role as a spouse, your spouse can seek additional damages in what is known as a “derivative claim” for “loss of consortium” damages.
How is Fault Determined in a Car Accident Case?
One of the biggest fears drivers often face after a crash is that they will be held responsible. If you were the victim, we will fight to prove that and get you paid.
Who Determines Fault?
The jury determines fault if you take your case to court. Ultimately, if you want someone held responsible, you may have to go to court. Insurance adjusters ostensibly determine fault if you do not go to court, but they are usually more concerned with risk than actually making a declaration one way or the other about fault.
What Are the Elements of Fault?
In a personal injury case, you typically need to prove
- The defendant owed you a legal duty.
- They breached that duty.
- The breach caused the accident,
- The victim suffered damages.
The duty in question often comes from traffic laws, which have explicit duties like no speeding or no drunk driving. Alternatively, the duty to drive as a reasonable driver would may be the duty in question.
What Evidence Do You Need?
Every case is different, and so what evidence is available and what evidence will be “enough” also varies. However, most cases involve
- Your testimony
- Other witness testimony
- The responding officer’s testimony
- Your medical records
- Your vehicle repairs and damage appraisals
- Your bills and financial records.
If we can find security camera or dash cam footage and other proof of what happened, we can present an even stronger case.
FAQs for Car Accidents in Lehighton
What Does Your Insurance Cover?
Your insurance coverage will depend on the specific terms of your policy and what additional coverages you have.
In Pennsylvania, policies are required to have at least $5,000 for medical care for your own injuries, but many drivers also add these common coverages:
- Collision coverage to pay for vehicle damage
- Additional first-party benefits for injuries and lost wages
- Uninsured/underinsured motorist (UM/UIM) coverage to pay when the other driver has no or low insurance.
How Long Do You Have to File?
Pennsylvania’s statute of limitations gives injury victims 2 years to file most cases, under 42 Pa. C.S. § 5524(2). This is just the deadline for filing your case in court; it is okay if your case takes longer to resolve after filing.
However, our goal is to get you damages faster, and aggressive negotiations could cut your total case time down to potentially under a year if we file quickly. That means you should call us well ahead of the 2-year filing deadline.
Do You Have to Take Car Accident Cases to Court?
Our goal is to get your damages paid in full. That sometimes means strong negotiations ending in a settlement, but many insurance companies and defendants will simply refuse to acknowledge fault or pay up. In these cases, the only recourse might be to take the case to trial.
That being said, just because you file in court does not mean the case will necessarily go to trial. Cases can be settled before trial and end earlier.
Do You Need a Car Accident Lawyer or a Personal Injury Lawyer?
Our attorneys are both personal injury lawyers and car accident lawyers. We help victims get compensation for injuries from all sources, including car accidents. Let us handle your case so we can focus on getting your injuries compensated, along with vehicle damage and other damages particular to car accident cases.
Call Our Lehighton Car Accident Lawyers Today for Help
Call (215) 709-6940 for a free case review with the car accident lawyers at The Reiff Law Firm to get started on your injury case.
