What to Do if You're the Victim of a Hit and Run

Being injured in a car accident is often a traumatic experience. It can be especially challenging when you or a loved one is the victim of a hit-and -run driver. Many people who are hurt in hit-and-run accidents do not know where to turn or what to do to find the driver or to recover compensation for medical bills and other damages. Following a crash with a hit-and-run driver, it is vital to act fast to protect your health and finances.

Hit-and-Run Accidents Are on the Rise

According to the AAA Foundation for Traffic Safety, the number of hit-and-run crashes in the United States is rising at an alarming pace. In 2016, there were a total of 1,980 fatal hit-and-run accidents, which resulted in 2,049 deaths. Leaving the scene of an accident is a crime in Pennsylvania. If a hit-and-run driver seriously injures or kills someone, it can be charged as a felony.

Steps to Take Following an Accident

If you are involved in a crash with someone who leaves the scene of the accident, call 911 immediately. The sooner you can give police a description of the vehicle, driver, and license plate (if possible), the better. Ask any witnesses for their contact information and write down everything you remember about how the accident occurred. Take photos of the scene, damage to your vehicle, and any injuries. Some injuries do not show symptoms right away, so it is best to get checked-out at the ER or physician’s office.

Taking these steps helps preserve valuable evidence that can lead to finding the negligent driver and provides proof of the accident and your injuries to your insurance company.

How to Recover Compensation When a Driver Cannot Be Found

Even if the hit-and-run driver is not found, your own auto insurance company may provide compensation through your PIP (personal injury protection) and uninsured motorist coverage (UM). Adding adequate amounts of this coverage to your car insurance policy is well worth the cost to protect yourself in the event of an accident. Your medical insurance may also cover all or some of your medical expenses.

When you call your insurance company, it is important to keep in mind that it is not looking-out for your best interests. Whether you are seeking coverage from your own policy or the at-fault driver’s insurance policy, most insurance companies try to pay minimal settlement amounts, and they may deny your claim. This is just one reason why contacting a car accident attorney is a good idea if you have been the victim of a hit and run.

Contact an Auto Accident Attorney

Dealing with insurance adjusters can be frustrating, especially when you are hurt and trying to heal. An auto accident attorney can handle all communications with your insurance company and negotiate aggressively to help you recover the maximum amount of compensation to which you may be entitled. Your accident lawyer will also ensure that all relevant evidence is collected and presented to support your claim.

Traffic camera footage, eyewitness accounts, vehicle and driver descriptions, and license plate numbers can help law enforcement find a hit-and-run driver. If police hit a dead end, your attorney may enlist the help of private investigators to track-down the negligent motorist.

If the hit-and-run driver is found, you may bring a lawsuit against him or her to recover compensation for your medical expenses, past and future loss of income, property damage, pain and suffering, and other damages. If the driver was intoxicated or acting in a reckless manner, you may be entitled to punitive damages as well. The best personal injury lawyers pursue all possible sources of compensation to help you get the care you need and to protect your financial future.

This blog was originally posted on https://www.pa4law.com/what-to-do-if-youre-the-victim-of-a-hit-and-run/

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Seeking Wrongful Death Damages after an Accident

 

Losing a loved one in an accident is one of the most difficult experiences a family can face. In addition to grieving and coping with emotional trauma, survivors may have to deal with financial and practical repercussions as well. Although no amount of money can bring a loved one back, if someone else’s negligence caused their death, you may be able to find recourse and hold them accountable by filing a wrongful death claim. A local injury lawyer can help you understand how wrongful death actions work in Pennsylvania and determine whether or not you have a potential claim.

What Is Wrongful Death?

Pennsylvania law defines a wrongful death as one that is "caused by the wrongful act or neglect or unlawful violence or negligence of another." Even If a person who caused a wrongful death is not criminally charged or convicted, you can still file a civil case for damages against them.

Who Can File A Wrongful Death Claim In Pennsylvania?

Navigating the laws surrounding wrongful death in Pennsylvania is challenging. A civil wrongful death claim can only be filed by the personal representative of a decedent’s estate. The executor of the will or a personal representative appointed by the court brings the claim on behalf of the beneficiaries of the estate. If a claim is not filed within six months of the person’s death, a beneficiary is entitled to file a claim on behalf of all beneficiaries of an estate. Whether you are the personal representative of a loved one’s estate or a beneficiary who is filing a claim, it is vital to have a lawyer guide you through the process.

Common Types of Damages in Wrongful Death Cases

Wrongful death is often the result of a car accident, motorcycle crash, bicycle or pedestrian collision, or an accident involving a tractor trailer or drunk driver. Depending on the circumstances, multiple parties may be liable for damages. For example, if a faulty truck part causes brake failure that leads to an accident, the parts manufacturer, trucking company, truck driver, or even a mechanic or maintenance company may be liable for injuries and losses stemming from the crash.

Damages in wrongful death claims often include:

• Medical expenses

• Funeral and burial costs

• Estate administration expenses

• Loss of income and benefits, including income that a deceased person would have reasonably earned and contributed to their family’s support over the course of their remaining work life.

• Compensation for the loss of comfort, society, and household services

• Loss of love, affection, and consortium

• Loss of moral guidance and support

• Pain and suffering

• Punitive damages

• Other applicable damages

Loss of companionship, support, moral guidance, and pain and suffering are meant to compensate surviving loved ones such as a spouse, children, or parents. Punitive damages are not awarded to compensate the deceased person’s loved ones, but to punish the defendant if their actions were particularly egregious or willfully harmful. Calculating damages in a wrongful death claim is a complex process that often requires the input of professionals such as forensic accountants and economists.

Determining Whether You Have a Wrongful Death Claim

These types of cases require extensive investigation and the knowledge of car accident attorneys who are well-versed in handling wrongful death claims. The statute of limitations for bringing a wrongful death or personal injury claim in Pennsylvania is typically two years from the date of death, Although it could be earlier, so the sooner you speak to a lawyer, the better. The best accident attorneys offer a free initial consultation, so you can ask questions and find out your options at no cost to you.

This blog was originally posted on https://www.pa4law.com/seeking-wrongful-death-damages-after-an-accident/

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What An Attorney Considers Before Accepting Your Personal Injury Case

 

If you have been injured in an accident or due to a malfunctioning product, you should seek the guidance of a personal injury attorney as soon as possible. Top accident attorneys can help you avoid some common mistakes people make that can affect the amount of your settlement. According to a study by the Insurance Research Council, injured people who have an attorney working on their behalf receive settlements 3.5 times larger than those who settle on their own with insurance companies.

However, many people do not realize that an experienced personal injury attorney does not take every case that is brought to him or her. Personal injury attorneys usually work on a contingency fee, which means that they only get paid if you win a settlement. If the case does not justify an attorney’s involvement, the lawyer will decline the case.

So, what does an attorney consider before accepting your personal injury case?

When the accident or injury occurred. There are prescriptive periods or “Limitations” regarding the amount of time in which you can file a personal injury claim following the accident, and these vary from state to state. Your attorney will know what the rule is in the state in which you would file your lawsuit.

Where the accident or injury occurred. This would include the state, county and municipality where you were injured. You may have exceeded the prescriptive period in the state, or perhaps failed to comply with other rules that regard personal injury cases.

If the liable party is insured. Car accident attorneys often are reluctant to take a personal injury case if the liable party does not have insurance that would pay a settlement. It is very difficult to procure payment from individuals who are not insured.

The extent of your injuries. Monetary damages are established based on the impact of the injuries to your ability to carry on tasks of daily living and to work, as well as the amount of estimated medical bills. The injury may be real, but an attorney may decline the case if you will quickly recover to your previous abilities, and without sizeable medical bills.

Documents you have collected. Documenting an accident as soon as it occurs is very important to maximizing your settlement. Take photos and/or videos (even if you must ask someone at the scene to help you). Write down everything you can remember about the incident and obtain names and contact information of any potential witnesses. Keep records of any medical treatments. Keep a diary of your activities to show the accident’s impact on your personal and work life.

Actions you have taken. If you have been injured by a medical mistake, your medical malpractice law firm will want to review all the records associated with your case. Be sure to collect all medical records if you were taken to the hospital following an accident. If you aren’t in need of emergency care, it is often best to talk to your attorney before visiting a doctor or health care facility. If a defective product injured you, keep the product in precisely the condition it was in at the moment you were injured, and retain all packaging, instructions and receipts that accompanied the product.

If you have been injured and another individual or entity is at fault, do not delay seeking the guidance of a highly experienced attorney, who will determine if you have a viable case and what actions you should take next.

This blog was originally posted on https://www.pa4law.com/what-an-attorney-considers-before-accepting-your-personal-injury-case/

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