How Can an Attorney Help Strengthen My Car Accident Claim?
Following a crash, the last thing on your mind is probably how to preserve your claim. With a pile of medical bills and an inability to work, you may feel like you will never make ends meet. But what if legal assistance could help you recover financial, physical, and emotional damages? At Stine & Associates, P.C., our Greensburg car accident lawyer is available to advocate for maximum compensation on your behalf.
Establishing Negligence
Our Greensburg car accident lawyer will gather evidence to prove the other party’s negligence, which involves proving the following four elements:
- Duty of care: Every motorist has a duty to follow traffic rules and regulations to keep other road users safe.
- Breach of duty: Through either an act or omission, the wrongful party fails to uphold this duty. In a car accident claim, this may involve a driver running a red light, speeding, or failing to yield right-of-way.
- Causation: Your injuries are directly linked to the driver’s conduct.
- Damages: As a result of the accident, you suffered measurable losses in the form of lost wages, medical expenses, and property damage.
Gathering Evidence
Evidence to prove liability in a car accident claim often involves:
- Photographs: Any pictures from the accident scene, including vehicle wreckage, debris, skid marks, or the final resting position of the vehicle, es can assist an accident reconstructionist in recreating the incident.
- Surveillance footage: If a nearby business has a surveillance camera that may have captured the incident, our legal team can help you obtain this evidence. Other evidence may include dashcam footage or cell phone videos. Our car accident lawyer has experience sending spoliation letters to ensure that this evidence remains intact.
- Eyewitness statements: A bystander who saw the accident can provide crucial information regarding what they saw and heard. If possible, you should get the names and phone numbers of eyewitnesses.
- Cell phone records: Cell phone records will show what numbers were texted/called, the duration of a call, and timestamps. This information can be integral to car accident cases, showing if the other driver was using their cell phone at the time of the crash.
- Police report: Pennsylvania law requires you to contact the police after a collision if there are any injuries, fatalities, or vehicle damage to the extent that the vehicle must be towed from the scene (typically $1,000 or more in damage).
Assessing Damages
A crash can result in serious injuries and property damage. Thankfully, our Greensburg car accident lawyer has years of experience qualifying and calculating damages. Damages may be economic, non-economic, or punitive. Economic and non-economic damages are the most commonly awarded or reached in a settlement, reflecting actual losses. As the name suggests, economic damages are financial losses that impact your bank account. In a car accident claim, common economic damages include:
- Hospitalizations
- Surgeries and/or procedures
- Medical imaging and laboratory testing
- Prescription costs
- Follow-up visits
- Physical therapy
- Mobility aids (crutches, wheelchairs, prosthetics, etc.)
- Home modifications (wheelchair ramps, grab bars in the shower, stairlifts, etc.)
Conversely, non-economic damages are intangible losses that affect your quality of life. Although there is no direct financial loss, non-economic damages take an emotional, mental, and even physical toll on an injured party. In a car accident claim, consequential damages include:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Disfigurement and/or scarring
- Permanent disability
- Post-traumatic stress disorder (PTSD)
- Anxiety and/or depression
- Loss of enjoyment of life
The third type, punitive damages, is only awarded in cases where the defendant’s actions go beyond ordinary negligence. While rarely awarded, if the defendant’s actions were intentional or if they showed a wanton disregard for your safety, punitive damages may apply. The Commonwealth places no cap on punitive damages in personal injury cases, but it is important that you speak with our lead attorney to learn more.
Speak with Our Greensburg Car Accident Attorney Today
A collision can result in serious injuries, property damage, and emotional hardship. If you have been injured in a collision, do not hesitate to reach out to our Greensburg car accident lawyer. For nearly 20 years, Stine & Associates, P.C., has helped the citizens of western Pennsylvania recover just compensation. Let us put our knowledge, skills, and experience to work for you. To arrange your free consultation, contact us online or by calling (724) 837-0160 today.