What Do You Need To Win A Car Accident Case?

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What Do You Need To Win A Car Accident Case?

CONTACT US FOR A FREE CONSULTATION

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

CONTACT US FOR A FREE CONSULTATION

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This field is for validation purposes and should be left unchanged.

By Marina Kats, A Car Accident Lawyer Philadelphia Residents Can Trust

Besides having a great Philadelphia lawyer (and I hope you choose our firm), there are certain elements that need to be met in order to receive a recovery for the injuries that you sustained in a motor vehicle accident.

  1. You cannot be at fault for the accident.  The way to determine fault is to either consult an attorney or read the motor vehicle statutes of your particular state.  It is perfectly clear that someone stopped at a light, waiting for the light to change from red to green, and being hit in the rear by another vehicle, is not at fault for the collision.  It is also clear that if someone has the right of way and collides with another vehicle that came out from a side street, or made a left-hand turn in front of the vehicle which has the right of way, is not at fault.  There are many other cases where the situation is not as clear and the first thing your lawyer should review is the police report.
  2. The second thing that is required in order to receive a monetary compensation is your injuries. The injured person receives compensation proportionate to the injuries sustained.  Additionally, you will need a doctor’s report that causally relates your injuries to the car accident or other motor vehicle accident.  You will bring the claim against the insurance company for the person who caused the collision and based on your injuries, you should receive an appropriate recovery.  The only factor that may negatively effect whether you recover or not for non-economic loss as a result of the injury is your selection of the tort option on your own insurance policy.  If you choose limited tort on your insurance policy (and we recommend never to select limited tort), you may lose the right to recover for your injuries if they are not serious or permanent.  However, it is for you and your attorney to determine your qualifications.

In our Philadelphia law firm, we firmly believe that if you are injured in a car accident and it is not your fault, we will do everything we can to make sure that you receive a fair and adequate recovery.  We work on a contingency fee basis, which means that if we do not obtain a recovery for you, you will not be charged with any costs or fees.  The first consultation in an automobile accident case is free.  We will also gladly give you a second opinion free of charge on your case.  We handle cases in many jurisdictions in the United States.

Please call us toll-free (215) 396-9001.

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Your Questions Answered

We understand when the injury occurs, you are scared and need immediate help. Here are the answers to some of the questions we hope are helpful to you.
If you come to us, we have all the answers for when you are injured in any type of accident.

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Call the police and make sure an ambulance is sent as soon as possible. Make sure everyone involved in the accident is conscious and responsive. Stay at the scene even if the accident isn’t serious, the police should be called regardless and a police report should be filed. It is important when speaking to the police that you stick to the facts, do not speculate, and most importantly do not admit any fault. Make sure you take as many pictures as you can with your cell phone. Also, we suggest taking a picture of the other person’s license plate, their drivers license, and insurance information. The pictures should document any damage that is caused by both vehicles.  Seek medical attention as soon as possible if injured, even if you do not feel any pain, you may be in a state of shock and could experience medical issues later on.

If you are experiencing pain, injury, or financial damages as a result of someone else’s negligence. You may have a personal injury case. If the other driver was at fault or failed to follow the legal rules of the road – our car accident attorneys may be able to prove that the other party is liable for those damages. For example, if you were rear-ended in a car accident, typically the other driver is responsible for that accident and the insurance company could be liable for any damages.

Within the first few days, you will receive communications from both your insurance company and the other driver’s insurance company. You may be contacted by your health insurance company, doctors, and even attorneys. The other driver’s insurance company may request that you sign medical authorizations so they can retrieve your medical records. Before you speak to any of these people or sign any documents, it is important that you seek legal counsel.

You may have a difficult time paying for your medical expenses, even if you have health insurance. Make sure to bill any treatment as you normally would through your healthcare provider. Additionally, you may have medical payment coverage under your car insurance plan. This could be used to cover your co-pays and other medical expenses that your health insurance company may not cover initially.

This is a difficult question to answer because it depends on many factors. If we are successful in proving that the other party is liable for your injuries and damages, you could be compensated for medical bills and any other hospital costs, lost wages, costs of rehabilitation and physical therapy, disability or disfigurement, pain and suffering, wrongful death, including loss of financial support and any other out of pocket expense that was related to your accident.

Depending on the severity of your injuries and the length of time you need to heal from your injuries will determine the length of your claim. We also have to factor in the willingness of the other party to settle as they make their initial offer. If unreasonable offers are made, your claim may proceed to trial, which will increase the length of your claim.

At Kats, Jamison & Associates all personal injury accident cases are handled on a contingency-fee-basis. This means that we will never charge you upfront for any cost and we will advance all costs and expenses. You will not have to reimburse our Firm for any costs unless we are successful. You will pay absolutely nothing for lawyers’ fees unless we win a monetary sum in your case.

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