Montgomery County Car Accident Attorney
While car accidents may be common, these incidents can result in serious damage and significant injury. From mounting medical expenses to months of lost wages, these accidents can devastate your physical, emotional, and financial well-being — and in these situations, the Montgomery County car accident attorneys at Rosenbaum & Associates can help. We represent the interests of auto accident victims, fighting for maximum compensation through insurance claims and lawsuits.
Why Choose Us
- Rosenbaum & Associates focuses solely on personal injury cases — we have handled hundreds of car accident claims over the past 25 years.
- Pennsylvania’s car accident laws are complex and navigating an insurance claim can be difficult. Thanks to our extensive litigation experience, we can guide you through these processes to reduce unnecessary errors and delays.
- Our firm uses a contingency fee system. We only collect legal fees unless we secure a settlement in your lawsuit or insurance claim
How Can a Car Accident Attorney Help My Case?
An experienced car accident attorney will have a thorough knowledge of how the court system works and the laws applicable to your case. They will file all appropriate paperwork by the deadlines, so you do not have to stress about the legal side of your claim while you recover. In addition, a Montgomery County car accident lawyer will handle the following on your behalf.
Deal with the Insurance Company
An attorney can assess your claim’s value and will not be intimidated by an insurance company or other attorneys to settle for less than you deserve. They will handle every necessary conversation with the at-fault party and their insurer so that you are not taken advantage of. Although there are laws governing how insurance companies should operate, adjusters are still looking out for their company’s best interests. They will work to find ways to minimize their liability and the amount of money they must pay out on claims. Having representation ensures your rights will be protected.
Perform a Thorough Investigation
Even if the evidence clearly points to the other party being at fault for your accident, it doesn’t mean their insurance company will accept liability and not try to shift the blame on you. An experienced car accident attorney and their resources will be invaluable because they will immediately conduct an in-depth investigation to collect evidence and build a solid claim. That may involve obtaining copies of police reports, your medical records, pay stubs or tax returns to show lost income, insurance policies, taking statements from witnesses, and hiring experts to testify—for example, on the severity of your injuries, the amount of compensation you will lose in the future, accident reconstruction to demonstrate what caused the accident, and others. Your attorney’s investigation will ensure liability falls on the appropriate parties.
Due to Pennsylvania’s rule of “modified comparative negligence,” if any responsibility is placed on you, it can significantly reduce your compensation. Under this law, each party is assigned a percentage of fault, and your balance will be reduced accordingly. For example, if you are awarded $100,000 and found 40 percent to blame, you will only receive 60 percent of the award or $60,000. However, if you are found 51% or more to blame, you will not be allowed to receive any compensation.
Secure More Compensation
Research shows that injury victims that hire a lawyer secure three and a half times more in their settlements or verdicts than those who go through the claims process alone. An attorney will know how much your case is worth and will not be afraid to fight for compensation that reflects the total extent of your losses. To accomplish this, your lawyer will calculate your current and future medical expenses, current and future lost wages, diminished earning capacity, pain and suffering, and punitive damages if applicable.
What Damages Can Be Recovered in a Car Accident Case?
A serious injury from a car accident can be financially debilitating. When another party is responsible, you have the right to pursue damages, which refers to the sum of money you can be awarded for your financial and personal losses. The types of damages that you can recover include but are not limited to:
Compensation for verifiable monetary losses, such as:
Medical Expenses: Current and future medical bills, beginning from the accident, and includes any treatment you may need. For example, doctor appointments, surgeries, hospitalizations, physical therapy, prescription medications, home modifications for disability, and more.
Lost Wages: Reimbursement for the income you lost due to the accident and any wages you will lose in the future. This compensation can also include diminished earning capacity if your injuries leave you unable to do your job at the same level you did before the accident.
Property Damage: After an accident, you are entitled to money for the repairs or replacement of your vehicle if it is a total loss. In addition, if any other items were damaged in the crash, such as your phone, laptop, clothing, etc., you also have the right to claim compensation to fix or replace those.
Compensation for subjective, non-monetary losses.
- Pain And Suffering: Compensation for the pain and suffering and emotional distress you have endured due to the accident and your injuries. The more severe your injuries, the higher the amount of pain and suffering damages you are likely to receive.
- Loss of Consortium: This type of compensation is meant to reimburse a victim’s family for the loss of the victim’s:
- Sexual relationship
- Performing household chores
- Caring for children
- Affection and love
- Support and guidance
- Loss of Enjoyment of Life: If you can no longer perform an activity you previously enjoyed.
- Punitive Damages: When a defendant’s behavior was extremely reckless, you may be entitled to punitive damages that are meant to punish the defendant and deter others from similar actions.
Pennsylvania does not have a cap on the amount of damages you can claim in a car accident lawsuit unless the case is against a government agency. Exactly how much your case is worth is unique to your specific situation. An attorney will be able to calculate an estimate of its worth after considering the following factors:
- The severity of your injuries.
- The expected length of your recovery.
- How your pain and suffering impacts your life.
- Whether you will require ongoing medical care, adaptive equipment, or home modifications.
- How much income you have lost and will lose in the future from being unable to work.
- Diminished earning capacity if the injury prevents you from making the same income level as before the accident.
- The strength of evidence against the at-fault driver.
- Whether there were any aggravating circumstances (e.g., drunk driving, texting while driving, etc.).
- The at-fault party’s policy limits.
Many car accident victims are surprised to learn that if their damages exceed the at-fault party’s policy limits, the insurance company does not have to pay beyond the amount the policy covers. If that were to occur in your case, your Montgomery County accident lawyer might be able to help you explore other options for recovering the difference, such as suing the at-fault driver personally or another party that was involved or partially liable.
Rear-end Auto Accident Attorneys in Montgomery County
The attorneys of Rosenbaum & Associates help individuals that have suffered auto accident injuries in Montgomery County, PA. Rear-end auto accidents are incredibly common not only in Pennsylvania, but across the United States. While rear-end auto accidents are common, the injuries suffered from a Montgomery County car accident can have long-lasting impacts on the injured victims involved.
What is a Rear-end Car Accident?
Rear-end auto accidents occur when one vehicle makes contact and is involved in a crash with a vehicle. The front bumper of the back vehicle, makes contact with the back bumper of the front vehicle.
According to the National Highway Safety Administration, rear-end auto accidents contribute to 6% of all fatal auto accidents. However, rear-end auto accidents compose 28% of all car accidents in the United States making rear-end collisions one of the most common causes of car accidents.
What Factors Lead to Rear-end Auto Accidents?
There are several variables that can contribute to a rear-end car accident. Some common factors of rear-end collisions include:
- Heavy traffic
- Distracted driving
- Brake response time
- Lane changes
- Avoiding road debris
- Impaired driving
What Are Common Injuries In Rear-end Accidents?
Although many rear-end auto accidents result at lower speeds. The injuries suffered from a fender bender can still result in injuries. Injuries in rear-end collisions can include:
- Traumatic brain injuries
- Whiplash and neck injuries
- Spinal cord injuries
If you or a family member have suffered serious injuries from a rear-end accident in Pennsylvania, our auto accident attorneys can help recover what was lost.
How Can You Collect Compensation After a Collision?
Unlike most states, Pennsylvania follows a no-fault insurance system. This means that you are responsible for paying for the damages you sustain in a car accident, regardless of fault, unless you sustain a serious injury.
You have three main options for compensation after a car accident.
- You can file a claim with your own insurance company.
- You can file a personal injury lawsuit.
- You can file a claim with the other driver’s insurance, if you sustained a serious injury
Pennsylvania insurance laws require you to purchase minimum amounts of coverage to pay for your own medical expenses and bodily injury liability, in case you cause a serious injury to another driver. You can file a claim with the other driver’s insurance company to pay for vehicle repairs, regardless of whether or not you sustained serious injuries.
What to Do After a Montgomery County Car Accident in Pennsylvania?
The moments after a car accident are some of the most important — the evidence is fresh, witnesses are still in the area, and you can gather valuable information to benefit your future case. If you have serious injuries or cannot move without putting yourself in danger, call 911 immediately to seek medical attention and report the accident.
If you can move around safely without further harm or injury, take the following steps to protect your future case.
- Call 911 immediately and seek medical treatment, even if you do not have obvious injuries. You may have underlying injuries you are not aware of, and failure to seek treatment can harm your chances of a fair settlement. You can use the police report and your medical records as foundational pieces of evidence.
- Photograph all available pieces of evidence. Pay attention to your injuries, all vehicles involved, the area around the accident, and any traffic signs or signals.
- Collect contact information for the other driver and any witnesses who are in the area. Take note of the driver’s insurance information and license plate number.
After you receive medical attention, contact a Montgomery County injury attorney about your case. Do not speak to any insurance adjusters, even if they offer a settlement — their best interest is to protect the company, not your recovery.
Am I Required to Notify Police or the DMV After a Car Accident in Pennsylvania?
After a car accident in Pennsylvania, you are only required by law to notify the police of the crash if :
- Someone suffers any type of injury
- A person is killed
- There is serious property damage, meaning the impacted party cannot drive away from the scene.
A collision must be reported to the DMV if the police did not investigate the accident or it resulted in an injury, death, or severe damage to a vehicle. The DMV requires that a Driver’s Accident Report be submitted within five days of a crash. Failing to report an accident can result in your license being suspended.
Although some situations do not require you to notify the police of an accident, it is usually in your best interests to do so after any collision. The police report that will be filed will contain critical details, which can be important when it comes to potential future injury claims—for example, the names and contact information for all parties involved and witnesses, a description of the vehicles and location of damage, a rough diagram of the scene and how they believe the accident happened, factors that played a role in causing the collision, any citations or arrests that were made, and any other observations. Although police reports are typically inadmissible in court, were you to sue the at-fault party or their insurer, they can serve as a jumping-off point for your attorney’s investigation.
How Much Will It Cost to Hire a Montgomery Car Accident Lawyer
Our Montgomery Car Accident Lawyer at Rosenbaum & Associates accepts cases on a contingency fee basis. That means we will advance all costs associated with preparing and prosecuting your claim, and you will only owe legal fees if you receive a favorable settlement or verdict. If you do not recover compensation, there is no risk to you, as you will not owe us anything.
Like all contracts, the terms of a contingency fee agreement can typically be negotiated, but most often, it is about 33% or one-third of your awarded compensation. For example, if a jury awards you $100,000, the contingency fee would be around $33,000.
Contact Rosenbaum & Associates Today
Are you the victim of a Montgomery County car accident in Pennsylvania? You need an attorney on your side to advocate for your right to compensation. The team at Rosenbaum & Associates has the skills and resources necessary to advocate for your best interests during each stage of your case.
Our lawyers have over 25 years of personal injury litigation experience, helping thousands of Pennsylvania car accident victims recover the compensation they deserve. Contact us today to learn more about our legal services and your next steps forward.