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The consequences of a car crash can be severe, often result in devastating harm and property damage. If you or a loved one were hurt in a motor vehicle wreck, a Southampton car accident lawyer might be able to help you seek financial compensation for your losses.
State law allows people injured in vehicle collisions caused by another’s negligence to seek legal recourse in the form of damages. Therefore, a dedicated injury attorney could help you gather and preserve evidence that another driver was operating their vehicle in a negligent manner that resulted in you suffering harm.
Plaintiffs in Southampton can seek both economic and non-economic damages for losses resulting from a car wreck, with help from an experienced lawyer. Economic damages typically include medical bills, prescriptions, and other necessary expenses to treat injuries. Lost wages are also available for injured motorists who cannot perform their jobs or work at the same capacity due to the injuries they sustained in a vehicle accident.
Plaintiffs may also recover non-economic damages, that compensate them for pain and suffering and other personal losses following an accident. These intangible damages are difficult to calculate, and often require the assistance of a well-practiced legal professional.
Are There Damage Caps in Southampton?
Pennsylvania is one of several states that generally do not limit the compensatory damages a plaintiff can recover. However, there are limits in some tort cases, such as suits against a government entity. A knowledgeable attorney could explain whether damage caps apply to a specific case.
In order to recover financial compensation, a person injured in a vehicle crash must prove the four elements of a negligence. These include:
Every driver in Southampton owes all other motorist a duty of reasonable care to prevent harm. If the defendant ignores traffic laws or does not exercise the appropriate degree of care, that would be a breach of duty. Causation requires the injured motorist and their lawyer to prove that the defendant driver’s breach of duty directly caused the collision in the area. Lastly, a claimant must prove the wreck resulted in them suffering compensable losses, which can be done through medical billing statements, expert testimony, and photographs of damages.
Impact of Comparative Negligence
Pennsylvania adopted a comparative fault system for negligence claims under Title 42 of the Pennsylvania Consolidated Statutes. Under this system, a court will consider each party’s negligence to determine the plaintiff’s potential damage award. If the injured motorist is partially responsible for the wreck, the court will reduce the total recoverable damages proportionate to their percentage of fault.
If another vehicle collides with the side of your car, the resulting damage can be severe. After a crash, insurance companies often act quickly to get a settlement for less than what you deserve, which is why it is essential to seek the help of a knowledgeable car wreck attorney.
If you sustained serious losses in a collision like this, you should get legal representation as soon as possible. A lawyer familiar with side impact car accidents in Southampton could help fight for the compensation you and your family deserve.
A T-bone collision typically occurs when two or more vehicles are traveling through an intersection at the same time. Common causes of side impact accidents may include:
The cause of a T-bone accident is critical to determining whether an injured person may have a successful claim for compensation. A T-bone car crash attorney in Southampton can investigate a claim to determine who was responsible for a side impact crash.
After a side impact wreck, insurance companies typically seek to settle a claim quickly and limit the amount paid out to injured claimants. Often, they will try to blame the plaintiff for the crash or even argue that the damages occurred before the accident. Although an offer may seem generous after a wreck, it generally will not include the potential future needs of a claimant.
Types of Damages
If an insurance company fails to present a fair offer, a lawsuit may be necessary to receive the proper amount of compensation after a wreck. There are three types of damages: economic, non-economic, and punitive.
Economic damages include calculable expenses such as bills from medical treatment, lost wages, and property damage. Non-economic damages represent subjective types of damages such as pain and suffering. In rare cases, punitive damages may be awarded. These damages seek to punish a responsible party and prevent similar behavior in the future.
When to File for Compensation
It is crucial to understand the deadline, or statute of limitations, for filing a case under state law. According to 42 Pennsylvania Consolidated Statutes § 5524, an injured person has two years from the date of an accident to file a lawsuit. Although two years may sound like a long time, the totality of someone’s losses may not be fully realized until long after the incident took place. Enlisting a side impact car wreck attorney in Southampton early on can help build a case while negotiating with the insurance companies.
A front-end collision is a dangerous type of car wreck because two vehicles collide head-on at a high speed. Due to the severe impact that vehicles have, the resulting damages are usually life-changing for anyone involved.
If you were harmed in a head-on crash, you could seek compensation with the help of a skilled car collision attorney. A lawyer familiar with front-end car accidents in Southampton could evaluate your claim and determine your legal options.
Front-end crashes involve two vehicles impacting head-on or one vehicle’s front colliding with a stationary object. Front-end accidents usually occur because one or more drivers lose control of their vehicle or veer into the path of oncoming traffic or an object. Each collision needs to be thoroughly investigated to determine the cause of the accident, the responsible parties, and the degree which each party is to blame.
Front-impact collisions typically result in severe damages to the vehicles involved and their occupants. Therefore, it is crucial to consult a Southampton front-end vehicle crash attorney to help fight for fair compensation.
If an individual owns a vehicle in the state, they are required to purchase a minimum amount of no-fault insurance. Additionally, state vehicle owners must choose a full or limited tort insurance policy.
No-Fault State Laws
Under the state no-fault rules, an injured motorist must first go through their insurance provider for compensation, no matter who is responsible for the accident. A person’s insurance is only required to pay the policy limits, typically $15,000 for injuries and $5,000 for property damage for the minimum coverage. Unfortunately, these amounts rarely fully cover someone’s damages, especially for a serious Southampton head-on car wreck.
Full Tort Versus Limited Tort
If someone cannot be fully compensated by their insurance company, they must look to the negligent party’s insurance provider for compensation. The amount of money available to an injured motorist depends on the tort option under their car insurance policy.
Full tort allows a claimant to seek recovery for economic and non-economic damages, whereas the limit tort option only provides for the recovery of economic damages. There are exceptions that allow limited tort driver to recover compensation as if they had the full tort option, such as if the driver sustained a serious injury, according to 75 Pennsylvania Consolidated Statutes § 1705.
State insurance laws can be complex for people who have to deal with the effects of a severe accident. A front-end collision attorney in Southampton could evaluate your policy and determine your legal options.
The dangers of driving under the influence of alcohol or another substance should be clear to anyone who has operated a motor vehicle. Despite the potentially catastrophic effects of these types of accidents, people continue to get behind the wheel while intoxicated. Drunk drivers are among the most common causes of serious crashes and severe injuries or death on local roadways.
Individuals who cause an accident by drinking and operating a vehicle are subject to higher penalties than in a typical negligence case. A skilled car wreck attorney can help you navigate the complexities of a drunk driving injury case. If you have been hurt in a crash like this, it is important to seek help from a lawyer experienced in drunk driving car accidents in Southampton.
Operating a vehicle while drunk increases the risk of a serious accident and results in severe penalties under state law. Consequences increase based on the driver’s blood alcohol concentration (BAC) and include fines, loss or suspension of driver’s license, and jail time. The level of intoxication is typically determined by the driver’s BAC, and the tiers of penalties are generally a BAC of 0.08 percent, 0.10 percent, and 0.16 percent or higher.
A BAC over the legal limit can be used in a claim as evidence of impaired driving when an accident occurred. Other common signs of impaired car operation include the following:
An injury attorney in Southampton can investigate the circumstances of an accident caused by drunk driving to determine the at-fault parties and get the claimant the compensation they deserve.
A car collision involving a drunk driver may have additional factors that contributed to the crash. For example, the owners and employees of a bar may be partly responsible for continuing to serve alcohol to a person who was intoxicated and for allowing the individual to drive. Liability in an accident like this typically falls on the intoxicated person, however, it is crucial to thoroughly investigate a claim to make sure all responsible parties are held accountable.
Accidents involving a drunk person behind the wheel can entitle punitive damages to a plaintiff. Punitive damages are a type of compensation given to the claimant that is intended to punish the defendant for their reckless behavior and prevent them from acting similarly in the future. The severity of the drunk driving car crash in Southampton and the level of intoxication are factors considered in awarding punitive damages.
A rear-end car crash can quickly turn your life upside down by leaving you with expensive painful injuries and medical bills. Unfortunately, even if another driver is clearly at fault for a back-end accident, you can still have to deal with stingy insurance companies that have no interest in paying you fair compensation. An experienced car crash attorney can help ease some of your stress following a severe accident and make sure you get the compensation for which you are filing.
While you focus on recovering from the damages a negligent driver caused, a well-versed legal team can fight for your rights. A lawyer who focuses on rear-end car accidents in Southampton understands how to work with large insurance companies to seek a fair outcome.
The severity of a vehicle wreck like this depends on a number of circumstances, including the speeds at which the two parties were traveling. If the accident occurred while the drivers were in heavy traffic, then the collision will likely be less severe than if the vehicles are traveling at high speeds on a highway.
Even if a back-end crash does not cause serious damage to the vehicles, it can still cause severe injuries to the people involved. Some of the common injuries associated with these wrecks include:
If a person in this type of accident suffers any of the injuries above, they should seek legal assistance. A back-end collision attorney in Southampton can review someone’s damages and help them determine a strategy for recovering maximum compensation.
There is no set rule that makes the driver of the rear vehicle always liable for a collision like this, but if the backmost driver was on their cell phone while driving or distracted, then they will be responsible. However, it can be challenging for the backmost driver to avoid liability because all drivers are required to keep their vehicles at a distance that allows them to brake without hitting anything around them. Therefore, people have a duty to ensure that they do not drive into the vehicle in front of them.
Comparative Fault
Although a rear driver is often responsible for an accident, there are cases when a front most driver is also partly responsible. Under 42 Pennsylvania Consolidated Statutes § 7102, a plaintiff can be barred from securing compensation if a judge or jury determines they were more responsible for a back-end collision than the other driver.
A Southampton rear-end crash attorney understands how to determine liability in a collision and what evidence is necessary to obtain for a claim.
If a driver texts while operating their vehicle, it could be comparable to driving with their eyes closed. Therefore, whenever a driver looks at their phone even for a split second, the chance of them causing severe injuries to someone around them increases significantly. Although there are many types of laws to prevent texting while driving car accidents in Southampton, this action continues to cause devastating ramifications.
If someone using their cell phone and driving causes a collision that leads to your life-altering injuries, you may be able to recover compensation. A qualified car wreck attorney understands the damages you may incur due to someone else’s decision to drive negligently and can help you file for compensation.
State law established regulations to help prevent cell phone use while operating a vehicle because of the potential dangers presented by such actions. Under 75 Pennsylvania Consolidated Statutes § 3316, an individual operating a motor vehicle is not permitted to use a cell phone to send, read, or write text messages while the vehicle is moving. A driver who violates this law can be subject to criminal charges, including points on their driving record and fines.
It is critical to note that the law does not include using a cell phone to activate or deactivate a voice call. However, if this type of action causes a crash, it could be used as evidence of negligence. The ban on texting while operating a vehicle can aid a plaintiff in a negligence claim, especially if the responsible driver is found guilty of an offense. An experienced Southampton texting and driving accident attorney understands the relevant motor vehicle laws and effectively uses them to establish a negligence claim.
Even if another person was 100 percent at fault for a texting and driving crash, the compensation a plaintiff deserves may not be easy to obtain. Insurance companies typically have no interest in what an injured person deserves and often attempt to pay as little as they can for any damages from which someone suffers.
The amount and type of damages available to a plaintiff vary based on the circumstances of the accident. However, there are some damages that someone could expect in a texting while driving car collision, such as:
A Southampton attorney familiar with car crashes caused by someone looking at their cell phone can help evaluate a case to determine the potential compensation available for a claimant.
Although texting and driving requires someone to look away from the road for a fraction of a second, they could still cause life-changing injuries for someone or even death. A lawyer familiar with texting while driving car accidents in Southampton can help you pursue compensation for the damages that a wreck like this can cause. Call now to learn more about your case.
If the thought of going to trial after being hurt in an auto collision is overwhelming, do not worry. Most vehicle wreck cases are resolved through settlement negotiations.
Settling a car accident case in Southampton could allow you to sidestep the time and money it takes to go through the litigation process. A hardworking local attorney could provide essential guidance to ensure you are fairly compensated for all your losses.
It is important when negotiating a settlement offer in Southampton for the claimant to consider the long-term implications the car accident had on them. This includes the impact of a permanent disability or disfigurement, the ongoing medial treatment it may require, or diminished earnings if the accident left them unable to continue at their previous place of work.
This is because settlements often occur before the full extent of a person’s losses is known. As such, it is not uncommon for a defendant’s insurance company to make lowball offers. By working with an experienced local attorney, people negotiating a settlement for a car crash claim could avoid the mistake of accepting an unfair offer.
It is also important to consider how much time and money they want to put into getting a recovery. Litigation can be both time-consuming and expensive. Some claimants may choose to settle rather than take the case to court, even if they know they could recover more through a trial.
The time it takes to reach a settlement agreement ultimately depends on the extent of the claimant’s losses and the willingness of the defendant’s team to make a reasonable offer. If the defendant’s insurance adjuster refuses to make a fair offer, a car wreck attorney in Southampton may suggest taking the case to trial rather than settling. However, settlement negotiations can continue even if the case is taken to court.
Once a settlement package is drafted and sent over to the insurance company, they generally have about 30 days to review it. After they review it, they will present their offer and negotiations will begin. After an amount is agreed upon, a claimant will sign a release which will be sent to the insurance company who has about 20 to 30 days to send the settlement funds.
The primary issue that a claimant could face when settling a car crash claim in Southampton is the insurance company believing the value of their claim is far lower than it is. While insurers might be able to accurately quantify the financial losses, a person suffered in a car accident, they often do not take into account the human losses experienced. This includes pain and suffering, loss of consortium, disability, or decreased quality of life.
In other cases, a defendant’s team could try to put some or all of the blame onto the injured motorist. If a claimant holds some liability for the vehicle accident, their total recoverable damages can be reduced. Having an experienced legal representative could help a plaintiff avoid these complications.
After being involved in a car crash, it is understandable to be overwhelmed and unsure of how to proceed. However, seemingly minor errors in judgement can result in you reducing your overall recovery or losing the chance at recovery entirely.
Therefore, it is important that you get in touch with a seasoned local attorney who could advise you on what mistakes to avoid after a car accident in Southampton. A dedicated lawyer could then represent your best interests during settlement negotiations or trial.
It is important to understand that it is not required to give a recorded statement to another person’s insurance company. In fact, it is often a mistake to speak with a defendant driver’s insurance company after a car wreck in Southampton.
It is the insurance company’s goal to minimize their payout. To do this, insurers will look for ways to put to the blame on the injured motorist, minimize their injuries and losses, or otherwise dismiss and diminish their potential claim.
Just like how giving recorded statements to a defendant driver’s insurance company is a mistake, it is also generally a mistake to accept a check from them. Many times, insurers will offer a monetary amount to the plaintiff to try and resolve the car crash case before a local attorney gets involved. This is because the insurance company is going to undervalue the potential case significantly and try to get the plaintiff to sign a release that prevents them from pursuing full compensation.
In most cases, the full extent of a person’s injuries and losses has not become clear when the insurers try to settle up. A Southampton lawyer could help people injured in vehicle collisions avoid the mistake of accepting an unfair settlement offer. This can be done by evaluating a person’s injuries and financial losses and how these damages could impact them in the future.
It is a mistake to not at the very least speak to a local attorney after a car wreck in Southampton. Consultations are free, and can provide answers to questions about vehicle damage, medical care, insurance payments, and the possibility of pursuing civil action.
Further, a seasoned lawyer could make sure the injured motorist avoids making other mistakes that could jeopardize their claim. This includes making incriminating statements to insurance adjusters or failing to seek prompt medical care. For this reason, it is important for people injured in auto collisions caused by another person’s negligence to contact a lawyer as soon as possible. The sooner legal representation is obtained, the less likely they are to make critical mistakes that could minimize their recovery.
Unfortunately, there are many ways you could unintentionally harm your potential case. By working with a skilled lawyer in the area, you could better understand what mistakes to avoid after a car accident in Southampton. An attorney could provide essential legal guidance throughout the litigation process. Call now to schedule your free consultation.
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