Delaware County Car Accident Attorney
Car accidents are common in Pennsylvania — according to the Pennsylvania Department of Transportation, over 75,000 people suffered injuries or died in collisions during 2019 alone. The impact of these accidents can be severe; if you are a victim of a Delaware County collision, you may experience financial losses, emotional distress, and physical pain. Our Delaware County car accident attorneys are here to help.
Since Pennsylvania is a no-fault insurance state, navigating your legal options can be difficult alone. Rosenbaum & Associates can guide you through the process and help you recover the compensation you deserve. After an injury is suffered in an auto accident, contact our firm to discuss the specifics of your case with an experienced lawyer.
Why Choose Us?
- The personal injury attorneys at Rosenbaum & Associates have helped thousands of people seek compensation for car accidents over our 25 years of operation
- Our firm partners with knowledgeable expert witnesses who can aid your case, from medical and economics experts to accident reconstruction specialists
- We operate on a contingency fee basis. You do not have to pay our firm’s legal fees unless we secure a settlement on your behalf — we assume the risk
Pennsylvania’s No-Fault Insurance System
Most states follow a traditional fault-based car accident system: the person responsible has to pay for the damages of the victims, and you would typically file a claim with his or her insurance company. Pennsylvania, on the other hand, follows a no-fault insurance system.
This means that your own insurance company will pay for the damages you suffer in the accident, regardless of fault. Pennsylvania’s laws require all drivers to purchase minimum amounts of insurance to pay for their injuries after a car accident.
Under a no-fault insurance system, you have three main options for legal action.
- You can file a claim with your own insurance company.
- You can file a personal injury lawsuit in Pennsylvania civil court.
- You can file a claim with the at-fault party’s insurance company if you suffer a serious injury, or a personal injury resulting in death, impairment, or permanent disfigurement
Your Delaware County car accident attorney from Rosenbaum & Associates will evaluate your claim and determine which pathway is right for you.
What Damages Can Be Recovered After a Car Accident?
After an auto accident occurs in Delaware County, PA, compensation relating to the damages caused by the injuries suffered, property damage and bills can be recovered. In the aftermath of an auto accident, medical bills can quickly add up. The financial burden associated with an auto accident as a result of another’s negligence should not be the responsibility of an accident victim or their loved ones.
In Pennsylvania, there are several types of damages that can be recovered after an auto accident. Damages available for recovery after a car accident may include economic and non-economic damages.
What are Economic Damages in a Car Accident Case?
Economic damages are easier to calculate relative to non-economic damages. Examples of economic damages are damages that can be calculated by examining records related to the injury suffered. Types of economic damages that can be recovered may include:
- Medical bills
- Lost wages
- Loss of future wages
- Loss of earning capacity
- Property damage
What are Non-economic Damages in a Car Accident Case?
Non-economic damages differ from economic damages in how they are calculated. Generally speaking, these damages are more difficult to analyze. Types of common non-economic damages include:
- Pain and suffering
- Mental anguish
- Loss of consortium
After a car accident occurs, it is important to consult with an auto accident attorney as soon as possible. In Pennsylvania, the Statute of Limitations for injuries is two years from the date the injury was suffered.
Contacting a Delaware County car accident lawyer as soon as possible after an injury is suffered will help victims accurately recall the intricate details associated with the accident.
Are There Limits on Damages From a Car Accident?
In Pennsylvania, there is no limit on compensation that a victim of a car accident can receive for the damages suffered against a private entity.
In cases where a local government entity is the defendant, a cap of damages is $500,000. In the event that Pennsylvania is the defendant in an auto accident claim, the maximum amount of damages that the State can pay is $250,000.
How Much is My Car Accident Worth?
After a car accident, you may be facing financial uncertainty and want to know how much your claim is worth. Since each case has a unique set of circumstances that impact a settlement or final verdict, an attorney can only give you an estimate. The following will typically factored into how much compensation you recover:
- The severity of your injuries.
- How your pain and suffering impacts all aspects of your life.
- The expected length of recovery
- Whether you suffered permanent impairments
- Your current medical bills and the treatment you will require in the future
- How much income you have lost from being unable to work and are expected to lose in the future due to your injury.
- Diminished earning capacity, if you are unable to earn the same level of income or must go into a different line of work.
- The defendant’s (at-fault party’s) degree of negligence and whether there were any aggravating factors (e.g., drunk driving).
- The strength of evidence against the defendant.
- The at-fault party’s policy limits.
When damages exceed the at-fault party’s policy’s limits, their insurer does not have to pay the difference. If that were to occur, an attorney can help you explore other options for recovering the additional compensation.
Can I Recover Damages If I Am Partially At Fault for an Accident in Delaware County, PA?
Under Pennsylvania’s modified comparative negligence law, injury victims can still recover damages even if they are partially at fault. However, your compensation will be reduced by your percentage of the blame, and if you are 51% or more responsible, you cannot recover any compensation. This is known as the 51% bar rule.
For example, if you are awarded $100,000 and found 30% at fault, you will receive 70% of your award or, in this case, $70,000. On the other hand, if you are found 51% percent or more responsible, you will not receive anything. The success of your case and the amount of compensation you recover hinges on your ability to prove that another party caused the accident and that you did not contribute.
What Are Common Car Accident Injuries?
Car accidents can cause a wide variety of injuries that range from mild to severe. The following are common types that warrant compensation:
Leg and Knee Injuries
If the legs and knees hit the dashboard, it can result in bruises, scrapes, sprains, or broken bones.
Neck and Back Injuries
Whiplash is the most common form of neck injury caused by car accidents, especially rear-end collisions. This is due to the sudden jolt of the neck in a back and forth motion. Serious cases can result in a cervical spine fracture, whereas milder cases cause pain or neck stiffness that may disappear in a few days or weeks. Other common neck or back injuries are soft tissue injuries, spinal cord injuries, including herniated or bulging discs, and paralysis.
Brain and Head Injuries
Frequently seen after a car accident due to the head being thrown into another object, such as the steering wheel or window. Brain injuries can range from a mild concussion to severe traumatic brain injuries (TBIs), resulting in permanent cognitive impairment.
Chest and Abdominal Injuries
Seatbelts and steering wheels are the most common causes of chest and abdominal injuries. A broken sternum or ribs, internal organ damage, or severe contusions can all result from the impact of a crash.
Victims may also suffer Post-Traumatic Stress Disorder (PTSD), depression, anxiety, and other psychological conditions after a severe crash.
Scarring and Disfigurement
A collision can also lead to facial lacerations that leave significant scarring, potentially causing lifetime or long-lasting damage.
Do You Need a Lawyer for a Car Accident Claim?
Since car accidents are so common, you may wonder if it is worth the time and effort to hire a lawyer to represent your claim. While they may seem simple, insurance claims and car accident lawsuits are very complex, and hiring a lawyer can provide a number of important benefits.
Your attorney can evaluate your claim value and ensure you receive adequate settlement offers, enlist expert witnesses to testify on your behalf, and conduct a full-scale investigation into your claim. Your lawyer can also represent you in negotiations, prepare your case for trial, and advise you on the best course of action.
Rosenbaum & Associates’ Delaware County personal injury attorneys provide all of these important services and more on a contingency fee basis for maximum affordability. We will work tirelessly for your right to compensation.
Were You in a Car Accident in Delaware County?
After an accident, it’s important to protect your right to compensation. Pennsylvania has a two-year statute of limitations for car accident lawsuits, and an insurance company may doubt your credibility if you take a long time to file.
Contact the Delaware County car accident lawyers at Rosenbaum & Associates to discuss your claim. During your free consultation, we will explain your legal options, the viability of your case, and the next steps you can take to seek justice.