Car Accident Personal Injury Lawyer Series: Part 1 – Car Accidents
Car accidents are one category of personal injury or tort claims. Several sub-categories will be discussed over the coming months by our car accident personal injury lawyer. This month we will discuss personal car drivers and passengers.
Personal Car Drivers Who are Victims of Car Accidents
In an accident, legally, someone is at fault. Insurance companies may find one driver to be fully at fault or may assign some percentage of fault to all drivers in an accident. This determination will impact how much a compensation a victim can claim.
As mentioned last month, most car accident personal injury claims are handled through insurance, rather than the courts, but many rules may apply. In Pennsylvania, a no-fault system is in place, which means that unless you can prove serious injury, you will settle with your own insurance with no recourse to sue another driver. A car accident personal injury lawyer will help ensure that you are compensated as much as possible and that no mistakes are made in filing the claim.
Factors that Affect Personal Injury Compensation
Many factors may help determine the fault assigned in an accident as well as how much compensation is awarded. Personal car drivers should be aware of these factors and consult with an attorney when an accident has occurred to be sure that the process goes as smoothly as possible and that they have someone representing their interests. Pennsylvania has a 2 year statute of limitations on car accident personal injury claims; if you miss the deadline, you may be unable to have your case heard. Regardless, some issues need to be taken care of immediately following the accident for a success personal injury case. Some factors that will be reviewed are:
- Police reports
- Whether medical care was needed and obtained (and how soon after the accident the care was sought)
- Pre-existing injuries could be factors if you claim the accident has made them worse
- DUI/DWI charges or other traffic citations issued with respect to the accident
- Statements made after the accident (to anyone)
- Photographs of the accident scene
- Witness testimonies
- Your insurance policy’s personal injury limits
- Records and documents that indicate work/salary lost
A passenger who is injured in a car accident may also file claim if serious injury has been incurred. However, passenger plaintiffs may file suits against all responsible parties, therefore, a passenger may file suit against both drivers in the accident, depending on fault. These claims are considered third party claims since passengers make the claim against an insurance company other than their own.
Passengers have more flexibility in their approach to secure compensation, and an experienced car accident personal injury lawyer such as those at Alfred Abel Law Offices can give plaintiffs a better chance of recovering all the compensation deserved.
Contact Alfred Abel Law Offices for A Skilled Car Accident Personal Injury Lawyer
A car accident personal injury lawyer at Alfred Abel Law Office is prepared to litigate and secure compensation for our clients. Contact us today for further information regarding personal injury lawyers and to set up a consultation.