Can I Sue for Pain and Suffering After a Car Accident in Philadelphia?
Car accidents are unfortunate realities for many individuals who live or visit Philadelphia. The most common worry associated with this type of accident is the potential for physical injury. However, pain and suffering are other consequences that might be overlooked. While these might not be as obvious as cuts, bruises, and scrapes, that doesn’t mean they aren’t important and worthy of notice.
In this guide, we’ll be sharing the legal options available to people who are seeking justice after a car accident in Philadelphia. Rather than detailing the topic of physical injuries, we’ll be spending more time looking into what pain and suffering claims are and whether you might wish to initiate one yourself due to a vehicle accident in Pennsylvania.
Basic Things to Know About Car Accidents in Philadelphia
In Philadelphia (and across the rest of Pennsylvania), a no-fault insurance system is in place. If you aren’t familiar with this, it means that your own insurance is usually used to cover any of your medical expenses, whether you caused the accident or someone else did. At the same time, there are limits to the system, so seeking additional compensation is not uncommon for those who have been in car accidents.
No-fault insurance is the default for the state, but exceptions exist. If there are major injuries or the medical expenses surpass a certain amount, victims may be able to move away from the no-fault system and choose to initiate a personal injury claim.
As far as pain and suffering go, this refers to any emotional and physical distress that you might be dealing with as a result of the accident. The best way to determine whether this is associated with your situation is to work with a personal injury lawyer. They can explore the validity of your pain and suffering claim and give you an idea of whether it exceeds the limitations of the no-fault system.
Reasons to Hire a Personal Injury Attorney for Your Claim in Philadelphia
Car accidents can create emotional and physical scars that go far beyond the initial aftermath of the situation. If you’ve experienced pain and suffering based on someone else’s negligence, it’s important to seek compensation for non-economic damages. While you may think you can handle this on your own, it’s much easier with the help of a personal injury attorney. Below are a few reasons you may wish to bring in a professional.
Better Understanding of the Legal System
Pennsylvania has a unique insurance system for car accidents. It’s streamlined to ensure medical expenses are handled right away but it can fall short of addressing any pain and suffering you might experience. An experienced attorney will guide you through the process and help you understand how and when to walk away from the no-fault system to pursue a claim for pain and suffering.
Navigation of the System’s LImitations
As mentioned, there are limitations to the no-fault system. This is the case in terms of compensation for pain and suffering. Attorneys can go over your case and advise you on whether your situation qualifies for pursuing additional compensation outside of the no-fault framework. This is an essential step to ensure you get fair compensation for the physical pain and emotional distress you experienced.
Top Notch Legal Expertise
Personal injury law is very complex since every case is unique. Having a seasoned attorney who specializes in claims like yours can make a significant difference. They understand the legal systems, including the regulations and statutes specific to Philadelphia. This kind of knowledge is instrumental to creating a strong case that gives you the best chance of success. Being less aware of the system can cause mistakes and result in less compensation.
Evaluation of the Strength of Your Case
Assessing how strong your pain and suffering claim is will require a consideration of many factors, from the types of injuries you experienced to the evidence that supports your claim. The best attorneys will conduct a thorough evaluation and help you understand what outcomes may be possible. They will also guide you on the most strategic way to move forward.
Evidence Gathering and Presentation
Lots of evidence is needed to win a pain and suffering claim. This might include witness statements, medical records, accident reports, etc. The lawyer will guide you on which kinds of evidence are the most persuasive. They can also present it so it strengthens your case and makes it more likely that you get the compensation you deserve.
Negotiation Skills
It can be a challenge to deal with insurance companies, especially regarding pain and suffering cases. Insurance adjusters tend to hope to settle for the lowest amount possible. An attorney with great negotiation skills and an understanding of your situation can effectively advocate for you to ensure you get a settlement that is appropriate based on your damages.
Support During Litigation
If negotiations break down and there is no other option to move forward, a personal injury lawyer will help you get through the entire litigation process. This person can do everything from filing a lawsuit to representing you in court. Having an experienced personal injury lawyer around will ensure your rights are protected and your case is presented most convincingly.
Contingency Fee Arrangements
Most Philadelphia personal injury attorneys work on a contingency fee basis. This means you do not need to pay a fee unless the attorney gets compensation for your pain and suffering. This is an arrangement that ensures shared interests for you and your lawyer. You can trust the lawyer is doing their best to get a favorable outcome since it impacts both of you.
Tips for Consulting With a Philadelphia Personal Injury Lawyer
You might be wondering whether you should consult an attorney in the first place. Many people have concerns about the costs or whether the expertise of a professional is truly needed. However, bringing on a skilled personal injury lawyer in Philadelphia can provide you with important guidance. This person knows the ins and outs of the legal system. They will assess how strong your case is and help you through the process of filing a pain and suffering claim.
The first step in hiring a personal injury lawyer is to schedule a consultation. In most cases, this is free and gives you insight into what to expect if you do file a claim. The attorney will gather information about the accident, assess any injuries you have, and discuss whether a pain and suffering claim might be appropriate. This meeting is essential to building a foundation for your case.
Three Steps to Building a Strong Pain and Suffering Case in Philadelphia
If you hire an attorney, they handle much of the hard work, which gives you time to deal with other important things. While the lawyer helps you through the process, there are three main steps involved. This comes down to gathering evidence, determining fault, and assessing damages.
Gathering Evidence
To strengthen your pain and suffering case, it’s essential to collect evidence. This includes various items like accident reports, medical records, photographs, and other documentation. Your personal injury attorney should guide you about which forms of evidence are the most useful for your case.
Determining Fault
In personal injury cases, determining fault is a must. Your lawyer will investigate all aspects of your accident, go through witness statements, and work with experts to determine liability and help your claim move forward.
Assessing Damages
It can be challenging to calculate damages for pain and suffering. Your personal injury attorney will consider many factors, such as the severity of your injuries, the impact on your daily life, and any expected long-term consequences of the accident. A comprehensive assessment like this is the best way to ensure you get the compensation you deserve.
How to Navigate the Legal Process in Philadelphia
The first thing that may occur is negotiating with the insurance company for the person at fault in the accident. If that doesn’t work out, your lawyer may recommend that you file a lawsuit. This will start a formal legal process that culminates in bringing your case before the court.
However, many personal injury cases are resolved through settlement negotiations before ever stepping into a courtroom. Your lawyer will be there to handle the negotiations for you to get the best possible compensation possible for your pain and suffering.
If a settlement cannot be reached, the case will move on to litigation. Your lawyer will guide you through this process, from discovery and depositions to the trial itself. This will ensure all of your rights are protected while a compelling case is made for your claim of pain and suffering.
Select Mattiacci Law, Inc. for Your Pain and Suffering Claims
If you believe you’re owed compensation for pain and suffering after a car accident, you need a knowledgeable team in your corner to help you get the results you desire. At Mattiacci Law, Inc., we’ll provide you with the services you need. We offer 24/7 services and do not require any payment unless we win your case.
Our outstanding results speak for themselves and can give you an idea of what to expect if you move forward with our expert attorneys. While most cases never make it to trial, we always prepare for that option just in case. If you’re ready to speak with a personal injury attorney about a pain and suffering claim, contact us today. We’ll set you up with a free consultation so you can learn more about your options.
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