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Should I Bring a Personal Injury Claim for a Car Accident?

An experienced Philadelphia car accident lawyer at the Wieand Law Firm can help guide your decision on whether you should file a personal injury claim for your car accident. The decision will depend on factors such as, 1) who is at fault for the car crash, 2) the type of insurance that you have, 3) the damage that was caused by the collision and 4) your injuries and diagnosis.

Who is Liable for the Car Accident?

Your personal injury lawyer can help you determine who is liable for the crash. Liability depends on many factors and is often complicated. More than one driver may be responsible for the crash. In addition, third parties such as the City or State may be liable due to conditions such as defective roadways, potholes or guardrails, and improper street signage. Owners of property adjacent to the highway may be negligent if trees or shrubbery were improperly trimmed and blocked the view of drivers. For this reason, it is important to discuss the conditions of your accident with an attorney as soon as possible. You should never give a statement to an insurance company before speaking with an attorney. Insurance companies are notorious for trying to extract confessions of guilt from a driver immediately after an accident when they are most vulnerable.

What Damages Were Caused by the Collision

Car accidents range from minor fender benders to devastating collisions that cause catastrophic damages. The amount of damage and severity of injury also varies. Your car accident attorney will want to know how severe the damage was to the car as well as what injuries you sustained in the accident. These factors will have heavy influence on the value of the case.

But how do you know if your injury “is worth bringing a claim?” This may depend on several factors which your lawyer can help you evaluate. For instance, in states like PA and NJ motorists often select a lawsuit “limitation” option when they purchase auto insurance. If you are bound by “limited tort” or “verbal threshold” you will need to have a serious injury or meet an exception in order to make a claim for pain and suffering. Full tort clients can bring a claim for pain and suffering even for relatively minor injuries, such as a sprained ankle or bruises. A claimant has a right to be made whole. Since we cannot undo and injury, the justice system instead allows a claimant to recover compensation proportional to the size of the injury.

A car accident victim also has the right to be compensated for his or her economic damages. This includes compensation to repair or replace the damaged vehicle, medical bills and lost wages or earnings capacity. Your car accident attorney can set up a claim on your behalf and ensure that you are compensated out of pocket expenses caused by a negligent driver.


Thanks to our friends and contributors from Wieand Law Firm, LLC for their insight into car accident cases.

Disclaimer: This article is for informational purposes only and is not legal advice.


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