Obtaining a settlement in the aftermath of a car accident that was caused by another driver’s careless or negligent actions is important. Victims in these incidents should not have to worry about how to pay for their medical expenses and property damage. However, there are several factors that could affect your car accident settlement.
1. The severity of the injury
In general, the more severe a person’s car accident injury is, the more likely they will receive compensation from an at-fault party. However, Pennsylvania offers drivers a choice between “no-fault” insurance and “fault-based” insurance. When a driver has “no-fault” or limited tort insurance, in Pennsylvania, they are only permitted to file a personal injury lawsuit when an injury is defined as serious under the law. The law defines serious injuries in these cases if they:
- result in death
- cause serious impairment of a bodily function
- result in permanent or serious disfigurement
Negotiations over a fair settlement in these cases can take time as the two sides debate over and present evidence of the severity of the injuries. An appropriate settlement should take into account how these injuries are currently affecting a victim and how they will affect a person’s life moving forward.
2. Who is liable?
Securing a settlement from an at-fault party involves proving their liability. It needs to be shown that the other party owed a duty of care to the injured victim and that they breached this duty, thereby causing injury. In most cases, liability will revolve around the drivers at the scene. However, there may be other liable parties. This could include:
- An at-fault driver’s employer if that driver was in a company vehicle or operating within the scope of their employment at the time of the crash.
- Business establishments that served alcohol to a visibly intoxicated person that then caused an accident.
- Government entities responsible for roadway maintenance.
It is vital that victims of car accidents seek compensation from any liable party in order to ensure maximim compensation. Hiring a
3. How much evidence is there?
When there is plenty of evidence proving the liability of the other party, a fair settlement is much more likely to occur. This can include:
- Video and photo surveillance from the scene
- Accident reports
- Eyewitness statements
- Medical records
- Information about the at-fault driver’s history
- Medical bills
- Proof of lost wages
- Repair bills or estimates
4. How much money is requested?
In general, settlements involving less money tend to payout quicker. For serious accidents that involve high dollar amounts, insurance carriers and legal teams will put up more of a fight. Claims involving high-dollar settlements will typically take more time to resolve as both sides work to present evidence to bolster their claims.
5. Statute of limitations?
In Pennsylvania, the statute of limitations for personal injury claims is two years. This means that lawsuits against the at-fault party must be filed within two years from the date the accident occurs. Cases filed after the two-year mark will be dismissed by the court.
When Will I Get My Check?
It is impossible to predict exactly when a person will receive a settlement check. For cases settled out of court with insurance carriers, the victim will receive their money soon after they agreed to the settlement. If a case goes to trial and the plaintiff (injury victim), will not receive a check until a jury decides in their favor and decides on an appropriate settlement amount.
How Ciccarelli Law Offices Can Help
If you or somebody you love has been injured in a car accident caused by the careless or negligent actions of another person, the team at the Ciccarelli Law Offices is here to help. We will investigate every aspect of your case and work to determine the other party’s liability. Our goal is to secure maximum compensation for all of your injury-related expenses. When you need a Philadelphia car accident attorney, you can contact us for a free consultation by clicking or calling (215) 228-0100.