How Often Do Car Accident Cases Go To Court and Win in Philadelphia?

In Philadelphia, car accident lawsuits typically result in a settlement rather than going to trial. However, when cases do proceed to court, plaintiffs typically prevail, according to the Philadelphia Bar Association.

If you’ve been involved in a car accident in Philadelphia, it’s crucial to consult with a local attorney who can assess your specific case and guide you through the legal process.

It’s not easy to assess with accuracy how often people win lawsuits car accidents in Philadelphia. Several variables are involved, and every accident claim is different. If people have a solid case and are prepared, they have a good chance of winning when they hire a reputable car accident lawyer to represent them. 

The more important question here is: Do you have a car accident lawsuit that is valid and provable? The experienced car accident attorneys at Mattiacci Law make it our priority to prove that. 

Let’s take a look at some general statistics and information. Then, we’ll discuss how you can increase your odds of winning your Philadelphia car accident lawsuit and getting the compensation you deserve.

 

The Odds of Winning Car Accident Cases in Philadelphia: A General Perspective

On the topic of statistics, those are hard to come by. Researchers have estimated that about 75% of all personal injury cases are settled out of court. However, that also may not include settlements that occur before lawsuits are filed. Many people don’t even get to the lawsuit stage before a settlement is reached, let alone proceed to personal injury verdicts.

The National Center for State Courts estimates that only about 3 percent of all cases go to trial at court. That same data shows that when personal injury claims like Car Accidents in Philadelphia do go to trial, the victim wins about 60 percent of the time. 

 

 

Your Rights in a Car Accident Claim

Traffic accidents, including car crashes, are a type of personal injury claim. These cases are usually based upon the concept of negligence.

Elements of Negligence in Pennsylvania Car Accident Lawsuits

To win a car accident lawsuit in Philadelphia, understanding the concept of negligence is crucial. In a personal injury case, negligence refers to the failure to exercise reasonable care, which directly results in harm or injury to another person. In Pennsylvania, four key elements must be proven to establish negligence:

• First, the plaintiff must demonstrate that the defendant owed them a duty of care. For instance, all drivers are required to operate their vehicles safely and follow traffic laws.

• Next, the plaintiff must show that the defendant breached this duty, such as by speeding or running a red light.

• Causation links the defendant’s breach of duty directly to the accident, proving that their actions were the proximate cause of the injuries.

• Finally, the plaintiff must present evidence of damages, which could include medical bills, lost wages, and pain and suffering.

Establishing these elements is fundamental to winning a lawsuit for a car accident in Philadelphia. Your experienced personal injury attorney will conduct an investigation to recover important evidence that supports your case.

Lawsuit vs. Insurance Claim in Pennsylvania

When involved in a car accident in Pennsylvania, you may wonder whether to pursue a lawsuit or settle the matter through an insurance claim. Both options have distinct processes and outcomes, and the choice between them depends on various factors. They include:

• The severity of the injuries

• The amount of damages

• Te willingness of the insurance company to offer a fair settlement

Under Pennsylvania personal injury law, filing an insurance claim is typically the first step. It involves negotiating with the at-fault driver’s insurance company to cover expenses related to the accident. However, insurance companies often attempt to minimize payouts, which may lead to an inadequate settlement offer.

In the event of legal disputes, pursuing a lawsuit might be the better option. A lawsuit allows you to seek full compensation through the court system, potentially resulting in a higher payout if you can prove negligence.

However, lawsuits can be time-consuming and costly, so it’s important to weigh the benefits against the risks before deciding. Consulting with a car accident lawyer in Philadelphia can help you determine the best course of action.

 

What Constitutes a ‘Win’ in a Philadelphia Car Accident Claim?

Then there’s the question of what exactly a “win” entails. In Pennsylvania, you can consider a car accident claim to be successful if it results in a monetary award. This outcome may arrive through either a settlement or a court verdict.

Pros and Cons

Settlements are often reached before the case goes to trial and can provide a quicker resolution. However, if the case does go to trial, the outcome will depend on:

1. The strength of the evidence presented

2. The persuasiveness of the legal arguments

3. The jury’s interpretation of the facts.

It’s also possible for a case to result in a partial win, where the plaintiff is awarded compensation but not the full amount they sought.

Risks of Lawsuits

Even when a verdict is in your favor, it’s essential to ensure that it’s the level of compensation you deserve. For example, a car accident case may go to trial and result in a verdict for the plaintiff, but the number may not be as much as the person hoped to win. In some situations, a person may get a verdict that is actually less than the amount offered by the defense before the trial.

Knowing when to try a case and when to settle a case is something an experienced personal injury lawyer can help determine. However, the injured client is the person who ultimately has the final say as to whether to settle the case or go to trial.

Motivations in Filing a Lawsuit

Winning a car accident lawsuit in Philadelphia doesn’t always mean walking away with a large sum of money. A “win” can vary based on the specific goals and circumstances of the case. For some, it may mean receiving a settlement that fully covers their medical expenses, lost wages, and other financial losses. For others, it could involve holding the negligent party accountable and achieving a sense of justice.

Understanding what a “win” means in your specific situation is essential, and a knowledgeable car accident attorney in Philadelphia can help set realistic expectations.

 

Why are Car Accident Lawsuits Lost?

One way to prepare yourself for the best chances of winning your lawsuit is to understand why certain lawsuits are denied or settled in favor of the defendant. Several factors could be involved here, but it usually hinges on a few elements. Here are a few other common reasons people don’t win their car accident lawsuits.

 

• Lack of evidence 

• Conflicting information about the damages or recovery

• A history of prior lawsuits alleging the same injuries

• Lack of medical expert testimony supporting the injuries or damages

• Social media posts regarding the lawsuit 

• Speculation

• Minimizing injuries or issues

Plus, one of the most troubling reasons that victims lose auto collision claims is that they don’t retain experienced legal representation for the process. A common mistake is that a person believes they can handle the requirements on their own. Another is that individuals don’t retain an attorney who focuses on personal injury and traffic crash lawsuits.

You won’t have the best chances of success if you don’t have a reputable, skilled car accident lawyer in your Philadelphia lawsuit. Juries take their jobs very seriously. Juries make the ultimate decision as to whether someone is trustworthy or truthful, and who they find more likable.

Therefore, when you’ve been the victim of a car accident in Philadelphia, you first need to hire reputable personal injury attorneys. They will help you with the process to ensure you don’t make any of these mistakes or others that could cost you the compensation you deserve. 

 

Increase Your Chances of Success in Car Accident Cases 

If you want to ensure that you have the best chances of winning your car accident lawsuit in Philadelphia, there are several things you can do.

Don’t Rush the Process

Many personal injury lawsuits settle out of court. It is not uncommon for insurance companies to offer a very small amount early to see if a person will accept that settlement before they retain a lawyer. An insurance company may try to do this before an injured victim knows the full nature and extent of his or her injuries, thereby hoping to get a “deal” by settling quickly for a small amount. Therefore, speaking to an attorney as soon as possible and before accepting any initial offer is wise.

Know the Duty of Care

The good news is that proving “duty of care” or fault may be easier in a car accident case than in other personal injuries. By getting behind the wheel, drivers accept responsibility for traffic safety and driving with caution. They agree to follow the “rules of the road.” When a person violates or breaks a rule, they may be liable to anyone they hurt.

However, the duty of care is just 1 of the 4 elements you need to prove in an auto crash case. You will still need to ensure that you have as much proof as possible that the defendant acted unreasonably. You also need proof that you were the victim and that the compensation you are asking for is what you are fairly owed. 

Solid Evidence of Fault and Damages

Make sure you have a claim that warrants the compensation you seek. As mentioned above, excessive claims may be rejected by a jury if the amount being demanded seems unreasonably excessive. A simple rule is that the more serious the injury, the more money you may be justified in demanding in damages.  

Your lawyer can assist with all of this, but having the education beforehand gives you more peace of mind. Talk to your lawyer about your accident, what you can expect, and what type of damages you should seek. They can help you determine what is fair and reasonable so you have the best chance of winning your car accident lawsuit. 

 

 

What Affects Your Odds of Winning?

In addition to your attorney, the strength of your case also plays a role in how likely you are to win. The stronger your case, the more likely you are to be awarded full compensation without having to do much fighting. Experienced lawyers know how to collect evidence and help you build the strongest case to guarantee an outcome in your favor. 

Multiple Parties

When you file a personal injury lawsuit after a car accident in Philadelphia, you might not be suing just the person who hit you. There are several parties involved in a car accident lawsuit, potentially.

You might have grounds to pursue a company who employed the at-fault driver, if this motorist was working within the scope of employment at the time of the crash. Pennsylvania follows the law of vicarious liability, which holds employers accountable for the negligence of employees.

In a drunk driving accident, you could possibly sue the bar that sold the at-faulr driver the drinks and caused them to be intoxicated. This is known as a dram shop case.

Perhaps you’re suing their vehicle manufacturer for faulty mechanics or another default that caused the accident. That can involve a product liability claim. 

When conditions at a particularly dangerous intersection or roadway hazards caused a traffic collision, this may indicate negligence by a government agency. Governments are tasked with ensuring the roads are safe, and they may breach this duty.

The more parties that can be held liable, the greater the number of parties that may be able to contribute or pay toward a settlement in your case. Your lawyer will help you determine who you can hold accountable and how much liability everyone has so that your lawsuit has the best chance of success. 

Contributory Negligence in Pennsylvania

Contributory negligence is an important legal concept in Pennsylvania car accident cases, particularly when determining the amount of compensation a plaintiff may receive. Under Pennsylvania law, contributory negligence follows a “modified comparative negligence” rule.

This means that if the plaintiff is found to be partially at fault for the accident, their compensation will be reduced by their percentage of fault. However, if the plaintiff is found to be 51% or more at fault, they will be barred from recovering any damages.

For example, imagine you’re involved in a car accident in Philadelphia where another driver ran a red light and hit your vehicle. During the investigation, it’s determined that you were also speeding at the time of the collision.

If the court finds that you were 20% at fault due to your speeding, and the other driver was 80% at fault, your compensation would be reduced by 20%. So, if the total damages were $100,000, you would only be eligible to receive $80,000.

Understanding contributory negligence is crucial when pursuing a car accident lawsuit in Pennsylvania, as it directly impacts the potential outcome of your case. An experienced car accident lawyer can help assess your case and provide guidance on how contributory negligence might affect your claim.

 

 

Important Steps to Take After an Accident 

You need to take specific steps after an accident to protect yourself and increase your odds of winning a car accident lawsuit. 

Seek Medical Care

If you are injured, head for appropriate medical treatment immediately. You might opt to inform the EMTs on the scene treat you and transport you to the hospital if necessary. If necessary to go on your own, visit the closest emergency room if you suffer from excessive bleeeding, shortness of breath, or other life-threatening injuries. Also, visit the ER if you lost consciousness or sustained a blow to the head.

For injuries requiring same-day care, you can head to an urgent care center that can treat you right away. This option may be appropriate for cuts, sprains or strains, bruises, and other minor trauma.

Your health is the most important thing. This starts the documentation to prove your accident case, as medical records will be generated when you visit physicians. Plus, quick action prevents the defense from arguing you did not seek medical care soon enough. Delays in getting treatment send the message that you were not hurt badly.

Gather Evidence

It’s important to collect all proof and other information you can at the scene, but only if you can do so safely. If you are injured after the accident, don’t jump out of the car and start taking photos. Call a loved one and have them come to the scene to assist you so that you can get the care you need. Do not put yourself in greater danger just to get evidence. Only do what you can do safely.

With this in mind, some tips are useful:

• Take pictures of the scene, including the intersection, stretch of roadway, traffic conditions, signage, traffic controls, lane markings, and any other details.

• Jot down notes of what happened, so you can recall details as necessary.

• Exchange contact informmation with witnesses and retain any witness statements.

• Keep a copy of the police reports.

• Document visible injuries or limitations. You can take photos of casts, slings, stitches, cuts or lacerations, being in a hospital bed, and other factors.

Use Caution in Dealing with Insurance Companies

Dealing with insurance companies after a car accident in Pennsylvania can be challenging, especially for those unfamiliar with the tactics insurers often use to protect their bottom line. You could be contacted by a claims adjuster in the days after a traffic collision, so it’s crucial to know how to handle the conversation.

Insurance companies are businesses, and their primary goal is to minimize payouts. This can result in accident victims receiving unfair treatment, such as having their claims denied or being offered lowball settlement amounts that don’t fully cover their damages.

One common tactic is to dispute the severity of injuries or argue that the accident wasn’t the primary cause of the victim’s medical issues. Insurers may also delay the claims process, hoping that the victim will accept a lower offer out of frustration or financial need. Additionally, they might pressure victims into making statements that could be used against them later to reduce the claim’s value.

These challenges highlight the importance of being cautious when dealing with insurance companies. Instead of saying something that will harm your rights, decline to answer questions or provide a statement. You can deal with the insurer at another time, when you have a skilled car accident attorney on your side.

 

Contact a Philadelphia Auto Crash Lawyer

Once the accident scene has been cleared and your immediate medical care has been addressed, you will want to reach out to a Philadelphia car accident lawyer. An attorney can help:

• Protect your rights in discussions with a claims adjuster

• Determine the fairness and sufficiency of an offer, to avoid settling for less than what your claim is worth

• Negotiate on your behalf to seek the full compensation you deserve

• Advocate for you during mediation

Getting in touch right away will allow them to start doing their work for a prompt resolution. It also gives you time to heal and focus on restoring your life. 

 

 

How Long Does It Take to Resolve a Car Accident Case?

The timeline for resolving a car accident case in Pennsylvania can vary significantly depending on several factors, including the complexity of the case, the willingness of the parties to negotiate, and whether the case goes to trial.

While some cases may be settled within a few months, others can take years to fully resolve. Understanding the different stages of the process can help you better anticipate how long your case might take.

Filing the Insurance Claim

The first step in resolving a car accident case is filing an insurance claim. This process typically begins shortly after the accident, once you’ve gathered the necessary evidence and documentation, such as police reports, medical records, and witness statements.

In Pennsylvania, insurance companies are required to respond to claims within a certain timeframe, usually within 30 days. However, this initial phase can take longer if the insurance company disputes liability or needs additional information. It’s important to file your claim promptly and ensure all documentation is accurate to avoid delays.

Settlement Discussions

After filing the insurance claim, the next stage is often settlement discussions. During this phase, your attorney will negotiate with the insurance company to reach a fair settlement that covers your damages. These discussions can take anywhere from a few weeks to several months, depending on how willing the insurer is to offer a reasonable amount.

If the insurance company makes a lowball offer, your attorney may need to push back and continue negotiations, which can extend the timeline. However, a successful settlement can resolve your case without the need for further legal action.

Mediation

If settlement discussions don’t lead to an agreement, mediation might be the next step. Mediation is a form of alternative dispute resolution where a neutral third party helps facilitate negotiations between the involved parties. This process is less formal than a trial and can often lead to a quicker resolution.

Mediation sessions typically take a day or two, but scheduling and preparation can add weeks or months to the timeline. While not every case will go to mediation, it’s a valuable tool for resolving disputes without the need for a lengthy court battle.

Going to Trial

When settlement discussions and mediation fail to resolve the case, going to trial becomes necessary. A trial is often the most time-consuming part of the process, potentially taking several months to over a year from the time the lawsuit is filed to the final verdict. This timeframe includes the discovery phase, pre-trial motions, and the trial itself.

While trials can lead to higher compensation if you win, they also come with the risk of losing and receiving nothing. It’s important to be prepared for the possibility of a long legal process if your case goes to trial, and to work closely with your attorney to build the strongest case possible.

 

Deadlines for Car Accident Lawsuits in Pennsylvania

One consideration that will affect how long it takes to resolve a Philadelphia traffic crash case is the statute of limitations. In Pennsylvania, you have 2 years from the date of the car accident to file a lawsuit.

If you fail to meet the deadline, you are forever barred from recovering any compensation for your losses. Note that the statute of limitations applies differently for children who are victims of motor vehicle collisions.

 

Insurance Traps and Cautions

It is wise not to talk to insurance companies without a lawyer or knowing what a lawyer advises. They are experts at getting people to settle or give statements contrary to what happened, which can jeopardize your chances of getting the outcome you deserve. Keep in mind the following important points.

The insurance companies interests conflict with your own.

Insurance companies are looking out for themselves first. They want to pay the fewest claims and the least amount of dollars. That’s their goal, given that is how they make money. The sooner and cheaper they can settle, the better.

Make sure that you don’t fall for any of their tactics. If you are thinking of bringing a claim then it is best to let your lawyer handle the communications with the insurance company. 

Insurers deny claims for good and bad reasons.

An insurance company may deny your claim because you filed it beyond the statute of limitations or didn’t get any medical treatment after the crash. However, insurers also deny claims for reasons that violate your rights. They might allege that:

You were at fault or contributed to the accident.

You were not hurt badly and didn’t require medical care.

Your injuries were so minor that they didn’t cause pain and suffering.

Consult with a lawyer first.

If the insurance company calls and tries to offer you a quick settlement, don’t take it without talking to your lawyer. They might make it seem urgent and like the “only” offer that you’ll get, but the fact of the matter is that you have every right to negotiate for more.

And if they don’t give you what you deserve in a settlement, your attorney can file a car accident lawsuit and aggressively pursue them for more money. 

The sooner you take action, the better your odds are of winning your car accident case. Remember to protect yourself first and follow the advice of your car accident lawyer. They will always work with your best interests in mind and know how to hold the right people accountable to get an outcome in your favor. 

 

 

Final Thoughts 

Being the victim of any car accident is devastating, stressful, and often traumatizing for many. There are so many things going on, from injuries and medical care to dealing with damaged vehicles and trying to figure out precisely what happened in the first place. It’s enough to make anyone’s head spin. 

The last thing you need to be worried about right now is winning your lawsuit. You need to focus on healing, getting your life back on track, and caring for your family. With a reputable lawyer on your side, you’ll never have to worry about a thing.

 

Don’t Let Legal Issues Hold You Back

At Mattiacci Law, we understand that facing legal challenges can be overwhelming. Our experienced attorneys are dedicated to providing personalized legal guidance and aggressive representation.

Schedule a free no-obligation consultation today to discuss your case with one of our knowledgeable professionals. We’ll work closely with you to understand your goals and develop a tailored strategy to achieve the best possible outcome.

Whether you’re dealing with a car accident, personal injury, or another legal matter, Mattiacci Law is here to help. Call us now at 215-914-6919 to schedule your appointment.

 

FAQs Answered by Philadelphia Car Accident Lawyers

Who can I sue for a car accident in Philadelphia?

Typically, the at-fault driver is the primary target. However, in certain cases, other parties like employers or vehicle owners might be liable.

What is negligence in Philadelphia car accidents?

Negligence is a legal term that refers to a failure to exercise reasonable care, resulting in harm to another person. In car accidents, it often involves actions like speeding, distracted driving, or driving under the influence.

What do I need to prove a driver was negligent?

Evidence such as witness testimonies, police reports, medical records, and accident reconstruction analysis can help prove negligence.

What if more than one driver is at fault?

In cases where there are multiple drivers who caused or contributed to the crash, Pennsylvania follows a comparative negligence system. This means that the damages awarded can be reduced based on the plaintiff’s degree of fault.

How much time do I have to bring a lawsuit in Pennsylvania?

The statute of limitations for personal injury lawsuits in Pennsylvania is generally two years from the date of the accident. However, there may be exceptions in certain circumstances.

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