Car accidents are one of the most common accidents out there, but that does not mean that they are simple or easy. Many car accident victims leave the scene with serious injuries that can affect them for years to come, or at least minor injuries that cost them money and time away from work. Many do not leave the scene alive.
Our attorneys can help victims who were injured in car crashes in the Reading area and families of those killed in car crashes all seek compensation for their losses. These often include monetary compensation for your vehicle damage as well as medical bills, lost wages, and pain and suffering.
For your free case evaluation, call Leeson & Leeson’s car accident lawyers at (610) 890-6332 today.
Process for Filing Car Accident Claims in Reading
When you file a car accident case, you generally start with an insurance claim. But knowing which insurance to file against can be confusing in Pennsylvania, made worse by the general questions you might have about lawsuits and liability. Our car accident attorneys can help with all of these questions and issues.
Limited Tort vs. Full Tort Insurance
The first place to start is with your insurance. If you have limited tort insurance – the more common insurance in Pennsylvania – that means that you file an injury claim with your own insurance policy, which pays for your medical care and lost wages with no pain and suffering payments. It also means you cannot get pain and suffering damages unless your injury meets certain “serious injury thresholds.”
If you have full tort insurance, you can sue the other driver and get payment from them/their insurance policy directly, whether your injuries are serious or not. This also allows you to sue for pain and suffering even without serious injuries.
In any case, the insurance claim is just a starting place. For many, their cases will qualify for a lawsuit where they can get additional damages that insurance companies are not usually willing to pay. Additionally, you should never settle with insurance or accept any damages before checking with your lawyer about how it could affect the total payout in your case.
Filing a Lawsuit
If a lawsuit is available in your case because your injuries are serious enough or you have full tort insurance, then we can help you understand who to file your case against and how the process works. Generally, lawsuits start with a “complaint” that lays out the allegations of who caused the accident, how they were at fault, and how much you suffered in damages. From there, the case will move through the court.
Settlement
Most cases settle before the case gets to trial, and that will allow you to get your damages paid faster than if you had to wait until the end of your trial. Even when you do file a lawsuit, you do not have to see the case to the end of trial; cases can be settled “on the courthouse steps” if both sides make an agreement to settle the case.
A settlement might be offered by the insurance company before the case is even filed in court. However, accepting this settlement might lock you out of additional damages beyond that amount. Because of this, you should always review your case with your lawyers before accepting or signing anything.
The alternative to settling is getting damages paid through a jury award, which they will calculate using our initial claim as a guideline. It can often be difficult to predict how juries will rule, so a settlement is often preferable when a fair settlement can be reached.
Damages Available to Car Accident Victims and Their Families in Reading, PA
When someone is injured in a car accident, they often face damages in three major areas: pain and suffering, medical bills, and lost wages. When someone is killed in an accident, they face these damages as well, and they can be paid into their estate. However, the victim’s family faces damages, too.
Pain and Suffering
Injuries hurt, but “pain and suffering” accounts for more than just this physical pain. Although physical pain and discomfort are a part of this calculation, these damages also account for the emotional and mental toll an injury can have on you.
Medical Bills
The expense of treating a car accident injury or trying to save an accident victim’s life can be incredibly expensive. Victims would often go bankrupt over these medical expenses if it were not for insurance covering them.
Lost Earnings
If you cannot work because of an injury, that makes it the at-fault driver’s responsibility to pay you back for those lost wages. Whether this means lost wages during a limited healing period or ongoing lost wages for a disability acquired in the accident, you can recover damages for all lost earnings the accident causes you.
Wrongful Death Damages
In the event of a loved one’s death in a car crash, the family can recover separate damages for their own losses. At the very least, this includes damages for the burial costs, but families can also seek compensation for their lost companionship, counsel, household services, and other expenses that the death of a loved one brings on. Like with a permanent disability, a death in the family prevents the victim’s income from coming to the family, and this will be an important part of your case, too.
Other Damages
Other damages can also be claimed for various expenses and effects of a car accident. For one, the cost of repairing or replacing your vehicle will be substantial in many cases. Spouses can also claim “loss of consortium” damages for the lost society and lost companionship that an injury causes them. Make sure to talk to your lawyer about potential damages you might not think of that can help you maximize compensation in your case.
Call Our Car Accident Lawyers in Reading, PA Today
Contact Leeson & Leeson’s car accident lawyers at (610) 890-6332 for a free evaluation of your potential car accident case.