Broomall Car Accident Attorney
Car accidents are traumatic for everyone involved, whether you sustained severe injuries or not. There is often a lot of uncertainty around the next steps and how to move forward when the accident is serious. In fact, even if the accident was relatively minor, the claims process can be confusing and stressful.
If you or someone you love was injured in a car accident, contact a Broomall car accident attorney as soon as possible to ensure that you receive maximum compensation for your injuries and the impact on your overall well-being. The award-winning team at Rosen Justice Injury Lawyers understands how difficult it can be to walk through the Pennsylvania legal process and simultaneously focus on healing. We are here to help.
How to Hold Another Party Accountable for Broomall Car Accident Injuries
In Pennsylvania, your ability to hold another party liable depends on the extent of your injuries and the type of auto insurance you hold. Pennsylvania is one of 12 no-fault states, but its laws are slightly more complex than most. No-fault generally means that your own insurance pays for your damages regardless of who caused the accident. Pennsylvania has what’s known as a “choice no-fault” law. That means people can choose a no-fault or fault insurance policy.
When drivers sign up for an auto insurance policy in Pennsylvania, they may choose between a limited tort and a full tort policy. A limited tort policy is considered an opt-in to Pennsylvania’s no-fault system. Drivers who choose a full tort policy must proceed as if they are in a fault state if a collision occurs.
Regardless of your insurance type, anyone who sustains serious injuries in a car accident retains the right to file a lawsuit. According to Pennsylvania law, serious injury is defined as:
- An injury that creates a substantial risk of death;
- Serious, permanent disfigurement; or
- Protracted loss or impairment of the function of any bodily member or organ.
It is worth noting that limited tort policies rarely cover noneconomic damages such as pain and suffering, but lawsuits often do. Understanding these types of insurance policies can be confusing but your Broomall car accident attorney can help you understand your options.
Common Causes of Vehicle Accidents in Broomall
There are countless reasons vehicle accidents happen. In most instances, accidents occur because of driver error. Everyone makes mistakes, but when a driver’s error leads to serious injury, they need to be held legally accountable. Understanding what happened and who should be held responsible is crucial information for your car accident attorneys to be able to help you. At Rosen Justice Injury Lawyers we will conduct an independent investigation of your claim to determine what happened, who was at fault, and how to prove it. Here are some of the most common causes of vehicle accidents we see.
Distracted Driving
Anything that diverts attention from the road is considered distracted driving. Some examples include eating, drinking, talking to other passengers, trying to pick something up off the floorboard, changing the radio, or focusing intensely on something outside of the vehicle. Many distractions involve cell phone use such as texting while driving, checking email, changing music, and looking at social media.
Improper Turns
A surprising number of accidents take place because of improperly executed turns. This can occur anytime a driver fails to follow all traffic laws, including turning where prohibited, failing to signal prior to turning, or not yielding the right of way. Left turns are especially dangerous.
Speeding
High speeds reduce a driver’s ability to react to changes in traffic conditions such as vehicles slowing, or turning, or maneuvering to avoid an accident. High-speed car crashes often cause greater damage to people and property than those at lower speeds.
Inclement Weather and Road Conditions
Driving conditions in Broomall are not always ideal, especially in the snowy winter months or heavy rainfall. These less-than-ideal driving conditions can play a significant role in causing car crashes. Similarly, poorly maintained roads can also be the cause of accidents.
Vehicle Defects
Car manufacturers and distributors are responsible for ensuring that the vehicles and vehicle parts they sell are reasonably safe. Part and system defects like faulty brakes, steering systems, or airbags can cause catastrophic injuries when collisions occur. In this case, a company could be held liable for product defects.
Filing a Car Accident Lawsuit in Pennsylvania
The process of receiving meaningful compensation for your car accident may seem complicated, and compared to many other states, it is. Your Broomall car accident attorney will help you determine the best course of action for your unique situation. The first step in receiving compensation for your car accident is generally to file an insurance claim, which may lead to filing a lawsuit depending on your circumstances, including the type of insurance policy and the severity of your injuries.
Insurance Claim
It is important to remember that the insurance company, even your own, will act in its own best interest, which means it may offer you a lower amount than what your claim is worth. An experienced car accident lawyer can help you determine the true value of your claim and negotiate on your behalf to ensure you do not accept an unfair settlement. If we cannot reach a reasonable settlement with the insurance company, your attorney may advise you to consider filing a lawsuit.
Choosing a Broomall car accident attorney
At Rosen Justice Injury Lawyers, we make navigating the complicated legal system as simple as possible. Here are some of the things we do for our clients to ensure success to the best of our ability:
- Thoroughly discuss the details of your case with you and answer any questions you have,
- Monitor your care and healing and keep track of your medical expenses,
- Negotiate with the insurance company for a fair cash settlement on your behalf, and
- Represent you at trial if a fair settlement cannot be reached.
It is important to know that our services have no upfront costs. We work on a contingency basis, which means we do not get paid unless you do. Contact us today to schedule your free case consultation.
FAQ
What Happens If You Were Partially at Fault?
Pennsylvania follows a modified comparative negligence rule. Under Pennsylvania law, a plaintiff may still recover compensation as long as they are not over 50% responsible for the car accident. Contributing to an accident may include speeding or not wearing a seatbelt, both of which could lead to more severe damage.
What are Recoverable Damages in a Broomall Car Accident?
Recoverable damages in a car accident vary based on the circumstances of the accident as well as the severity and nature of your injuries. Some common types of damages car accident victims receive in Broomall include medical expenses, physical therapy, lost wages and earning potential, pain and suffering, post-traumatic stress, and more. Your Broomall car accident attorney can help you understand what damages you may be entitled to.
In special car accident cases, you might be eligible to receive punitive damages from the
court. This type of compensation is reserved for cases involving recklessness or gross negligence. These damages are designed to punish the defendant and deter them and others from engaging in similar behavior in the future.
How Long Do I Have to File a Car Accident Lawsuit in Pennsylvania
In Pennsylvania, you have two years from the accident date to file a lawsuit against the responsible party. If the victim didn’t discover their injury until later an exception may apply. Under this rule, the two-year time period starts on the date the victim discovered or should have discovered that their injury was caused by a negligent party. There may be other exceptions or circumstances depending on whether your claim involved a minor or a government entity.
