According to 2024 car accident statistics, Philadelphia car accidents accounted for almost 10% of all car accidents in Pennsylvania, more than any other county in the state.
After seeking immediate medical attention for any pain and discomfort following a car accident, securing legal representation is of the utmost importance if you want to ensure you are paid the maximum amount for your car accident injuries.
Our Philadelphia car accident attorneys at Cousin Benny will explain your options in seeking compensation for your pain and suffering so you can focus on healing.
Contact Cousin Benny today to speak with a seasoned Philadelphia car accident lawyer and find out how much your case may be worth.
In order to seek compensation for pain and suffering caused to you in a serious car accident, you’ll need a car accident lawyer capable of navigating the complex legal system.
The experienced car accident attorneys at Cousin Benny can conduct witness interviews, obtain police reports, negotiate with insurance companies, and perform a thorough investigation to uncover all forms of compensation available to you. If required, we can retain experts and investigators to prove the value of your case to opposing counsel in court.
Our personal injury attorneys are well-versed in a variety of motor vehicle accident cases in Philadelphia, PA, including:
The Philadelphia auto accident lawyers at Cousin Benny have over 15 years of collective experience representing clients in lawsuits involving auto accidents in Philadelphia. In total, we have recovered millions of dollars for our clients, and we’re ready to fight for you, too
At Cousin Benny, we offer free consultations to prospective clients and work on contingency, meaning we don’t get paid unless you win your case.
Areas we serve include:
One of the first questions you probably have is how much your car accident case might be worth and what will be considered “fair compensation” for your case.
As the injured person, “damages” are your losses attributed to the at-fault driver’s actions in causing the accident. Damages can be cited in a car accident lawsuit for your compensation.
The team of lawyers at Cousin Benny will thoroughly investigate your case to determine all of the types of compensation available.
Car accident injuries may be minor, like scrapes and bruises; more serious injuries with a long-lasting impact on your quality of life, like a punctured lung, and everything in between. Injuries from car accidents can often result in large medical bills, as well. Therefore, it’s important to seek a professional medical evaluation as soon as possible following a car accident.
The cost of your medical expenses is one of the damages you may be able to recover in a car accident lawsuit. Eligible medical expenses may include:
Instead of compensating you for injuries and damages suffered, punitive damages are awarded to punish the defendant who is at fault for the car accident.
The cost of punitive damage awards is based on such factors as the character and nature of the defendant’s conduct, the amount of harm you or other victims might suffer if the defendant is not punished, and the actual harm you suffered in the incident affecting the current Philadelphia car accident claim.
As a result of your injuries following a car accident, you may find yourself unable to work and earn a wage. Issues with mobility, physical therapy, medical facility stays, and other problems stemming from your motor vehicle accident can all prevent you from returning to the workplace, resulting in lost wages.
Any physical damage to your or someone else’s property can be included in the compensation for a car accident lawsuit. Despite some differences at the state level, the general rule of thumb is that you are entitled to recover the difference between what your car was worth before the accident and its value following the accident.
If you suffered mental or physical distress as a car accident victim, you may seek damages for pain and suffering in a lawsuit. Pain and suffering may include emotional or mental anguish, such as depression, anxiety, and post-traumatic stress disorder (PTSD).
It can be difficult to prove pain and suffering compared to other damages, such as medical bills. Since these are non-economic damages that do not have an exact dollar value, the attorneys at Cousin Benny can use their expertise and experience to determine how much someone can sue for a car accident.
If you’re involved in a car accident, it’s important to know the right steps to take. Learn more about what to do after a car accident here.
According to the Pennsylvania Department of Transportation’s (DOT) 2020 data, Philadelphia car accidents accounted for almost 10% of allcar accidents in Pennsylvania, more than any other county in the state.
In 2022, the number of fatal accidents in Pennsylvania declined, according to NHTSA estimates. However, our own analysis of Google search data suggests demand for personal injury attorneys in Philadelphia is recently on the rise.
Philadelphia is known for having the most driving-related fatalities in Pennsylvania, representing 14.7% of the state’s total. Specifically, Lincoln Highway, Roosevelt Boulevard, and Delaware Expressway alone combined for over 3,000 automobile accidents, making them the three most dangerous roads to travel in Pennsylvania.
According to publicly available data, the following factors account for the majority of car accidents:
Speed-related crashes occur when a driver exceeds the speed limit or drives too fast for road conditions. The National Safety Council reports that speeding was a factor in 26% of all U.S. traffic fatalities in 2019. An average of 25+ people were killed per day in speeding accidents for that year, totaling 9,478 deaths. In Pennsylvania in 2020, there were 25,021 speed-related crashes resulting in 415 fatalities.
Distracted driving can fall into three categories: visual, manual, and cognitive distraction. Examples of distracted driving include texting or using a cell phone or navigational device, eating, grooming, or interacting with passengers while driving. In 2019, 3,142 people died in distracted driving crashes in the U.S, an increase of 10% over the previous year. In Pennsylvania in 2020, distracted driving was a contributing factor in 11,019 crashes and 43 fatalities.
Car accidents are considered drunk driving-related when one party in the accident has a blood-alcohol level (BAC) of 0.08 grams per deciliter (g/dL) or higher. In 2019, drunk driving incidents accounted for 10,142 deaths in the U.S., but fatalities are trending downward. In Pennsylvania in 2020, drinking and driving contributed to 6,565 crashes and 131 fatalities.
Careless driving occurs when a driver is responsible for the “pre-crash event” leading up to a car accident. A 2007 National Motor Vehicle Crash Causation Survey concluded that a driver is accountable for 94% of the critical reasons leading up to a car accident. In Pennsylvania in 2020, careless/illegal passing contributed to 4,545 crashes and 53 fatalities.
Car accident injuries can range from relatively minor injuries to serious and catastrophic injuries. Sadly, some motor vehicle accidents are fatal. Our auto accident attorneys frequently work with injury victims who have suffered:
Contact us today for a free consultation to discuss your legal rights for pursuing compensation following a car accident.
If you are an auto accident victim and have questions about your legal rights and options for pursuing compensation, you will want to contact an experienced personal injury lawyer who can help with the following steps:
An accident lawyer in Philadelphia can conduct a thorough investigation into the case, which may include:
Equipped with strong evidence, our legal team can prepare an insurance claim on your behalf that sets out the details regarding the accident, including:
The insurance company may respond to our demand package by offering less money than we initially requested. We can counter their offer, demanding more compensation to ensure you are properly compensated for the long-term impact of the accident, including future medical expenses, lost income, and pain and suffering.
If the insurance company refuses to make a fair offer, a trial lawyer from our firm can file a legal complaint in the Philadelphia Court of Common Pleas to seek justice and compensation. Car accident injury trials can be complex, but our legal team can guide you through this process.
After a crash, a car accident lawyer can protect your rights and fight for the compensation you deserve. They help you navigate the legal system, handle insurance negotiations, gather critical evidence, and build a strong case on your behalf while you focus on healing.
Without legal representation, car accident victims are at risk of accepting a settlement that doesn’t fully cover their medical bills, lost wages, and other damages. A car accident attorney levels the playing field, advocating for your rights and fighting for the support you need to recover financially.
After a car accident, an attorney can help you file an insurance claim, submit all paperwork on time, and ensure everything is filed correctly to maximize your compensation and avoid unnecessary delays.
A car accident lawyer can provide strategic guidance based on the details of your case, helping you make informed decisions at every step. They assess the strength of your claim, explain your legal options, and advise you on the best course of action to secure the highest possible compensation.
With the help of an attorney, you can avoid common mistakes that could negatively impact your case, increasing your chances of winning the damages you’re entitled to.
Armed with evidence of liability and damages, your car accident lawyer takes over communications with the insurance companies involved, leaving you free to get the medical attention you need, heal, rest, and deal with the damage to your vehicle.
Insurance companies do not have your best interests at heart. Just like any other type of business, insurance companies are concerned with their bottom line. They make more profit when they collect premiums and then deny or underpay claims.
An insurance adjuster is an advocate for their employer, the insurance company. They are tasked with finding a way to either deny your claim or find justification to only partially pay on your claim. They will likely contact you with an initial low-ball settlement offer. How do you argue that you deserve more?
Your car accident attorney advocates for your interests, using the evidence they have gathered to negotiate with the insurance company’s attorneys and get you the car accident settlement you deserve, considering your damages and relative liability.
A car accident lawyer works with medical professionals to document the full impact of your injuries, obtaining essential evidence to support your claim. They gather medical records and expert opinions to prove the severity of your condition and its long-term effects on your life.
Medical evidence strengthens your case, helping you recover the compensation you need to cover treatment expenses, lost income, and ongoing care.
Your Car Accident Lawyer Gathers Evidence that is Difficult to Get on Your Own, Investigating and Using Experts
While you may have access to the police report and the contact information for the other drivers involved, there is more to investigate and calculate to prove that you deserve compensation and how much.
Car accident cases are a particular type of personal injury case. In a personal injury case, you must prove the negligent party owed a duty of care to you and breached that duty, causing you damages. In a car accident claim, the other driver or drivers owe you a duty to act as a reasonable driver would under the circumstances, and if they failed to do so and caused or partially caused the auto accident, they are liable for your damages.
Pennsylvania is a comparative liability state, which means that those suffering an injury in a car accident may recover their total amount of damages if they are 0% responsible for causing the accident, and their damages are reduced by their percentage of fault. For example, if a driver is 25% responsible for causing the accident and their damages are $400,000, they will only receive 75% or $300,000.
There is a lot of money at stake, and for this reason liability in car accidents is hotly contested. If your percentage of liability is calculated too high, you could lose tens or hundreds of thousands of dollars that you need to pay your medical bills and other expenses.
Don’t leave the issue of liability to chance. The only person who will look out for your interests is your car accident attorney, who will investigate, take witnesses’ depositions, and use experts to recreate the accident to accurately determine liability and get you the compensation you deserve.
It is common for those injured in a car accident to underestimate the amount of their damages early on. First, they are still healing from their injuries and may need additional medical care. Second, they do not know whether their injuries will have a long-lasting or permanent effect on their health, family life, or their ability to work.
Your car accident attorney consults medical experts to calculate your present and future medical expenses and whether you will be disabled or disfigured and therefore entitled to non-economic damages such as pain and suffering or emotional distress. If your injuries affect your ability to do your job, your car accident lawyer will consult forensic accountants to calculate how much in earnings you will lose in the future.
After a car accident, reaching a fair settlement requires professional negotiation backed by solid evidence. A car accident lawyer will fight for the full compensation you deserve, handling discussions with lien holders, insurers, and defendants to maximize your financial recovery.
If the insurance company will not offer an acceptable settlement, your car accident attorney will file a lawsuit and advocate for you in court. Your car accident attorney will present evidence of liability through expert and witness testimony and evidence of your damages using your past expenses, calculated future expenses, loss in earnings, and emotional suffering.
It is common for an insurance company to offer a better settlement once litigation begins, because litigation is a costly and time-consuming process that has a negative impact on their reputation as well as their bottom line. But if the insurance company does not settle prior to judgment, your car accident attorney will argue to the judge or jury that you deserve the money judgment you are asking for, and they will get you the judgment you deserve.
Under the Pennsylvania Motor Vehicle Financial Responsibility Law, all motorists are required to maintain minimum liability coverage, which provides protection for damages they may cause to others in an accident resulting from their negligence. The minimum insurance limits include the following:
Keep in mind, these are just the minimum amounts drivers are required to carry by law. Many drivers purchase additional insurance coverage. Also, you may have other forms of insurance that can help cover your losses in the event of an accident, including collision coverage, medical benefits, and/or UM benefits. An experienced attorney can review your situation and insurance policies to determine your legal options.
At Cousin Benny, our goal is to help you recover the maximum amount of compensation to which you are entitled. That car accident settlement amount may range from tens of thousands of dollars to millions.
Ultimately, the amount of damages depends on factors such as the severity of your injuries, the availability of insurance to cover your losses, how the accident happened, and who was at fault.
Our car accident lawyers work on a contingency fee basis, so you don’t have to pay anything upfront to retain our services. We are paid a percentage of any financial recovery we make on your behalf. If we obtain nothing, you’re not responsible for paying attorney fees. If we recover compensation, we receive a percentage of the proceeds recovered on your behalf, as outlined in your retainer agreement with us.
According to Pennsylvania law, the statute of limitations for a car injury claim is generally two years. At Cousin Benny, our Philadelphia car accident lawyer advises clients to file a personal injury lawsuit as soon as possible after the car accident occurs. Filing early helps ensure relevant evidence is preserved, and the memories of eyewitnesses remain fresh.
In Pennsylvania, if the driver who caused the accident does not have auto insurance, you may be protected by carrying underinsured motorist coverage in your insurance policy. The uninsured motorist may face penalties, including loss of driving privileges, registration suspension, fines, and more, but you can also sue the other party for any damages to your vehicle and/or injuries you sustained.
Pennsylvania is a “no-fault” state. This means that your auto insurance company will cover medical expenses up to your coverage limit for anyone injured on your policy in an automobile accident, regardless of negligence caused by both parties.
To make a claim with another driver’s liability insurance provider under full tort or limited tort, you will have to show that they were responsible for the accident. Additionally, other parties can share blame for the accident, so it’s essential to work closely with an experienced Philadelphia accident lawyer who can help prove fault. Some of the parties who may be responsible for a head-on collision include:
One of the factors that can limit the potential value of your car accident claim is the amount of car insurance available. Insurance companies will only pay up to the maximum limits of the insurance coverage the insured purchased.
Many drivers choose only to carry the minimum required amounts of auto insurance, which are:
Disclaimer
The information on this website is for general educational purposes only and should not be taken as legal advice. Viewing this site does not create an attorney-client relationship.
Cousin Benny Injury Lawyers may partner with third parties to support advertising. Past results do not guarantee future outcomes.
For advice specific to your situation, please contact us at (215) 678-9000.
Attorneys at Ronald Clearfield & Assoc.
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