New Castle Car Accident Attorney
Injured in a Collision?
New Castle drivers should know their options for legal recourse following a car accident. If another driver causes property damage or injuries due to negligence, the injured party can seek compensation through a personal injury claim. The New Castle car accident lawyers at Dallas W. Hartman, P.C. Attorneys at Law have extensive experience handling auto accident lawsuits and handling insurance claims for drivers in Lawrence County, so consider the following information and reach out to our firm if you need assistance with your claim.
Why Choose Dallas W. Hartman, P.C.?
- Our law firm has achieved record-setting verdicts and settlements for our clients. We have also won numerous awards for our exceptional services.
- Your New Castle car accident attorney will put you first. Achieving your needs and goals is our top priority.
- Our trial attorneys aren’t afraid of bringing a defendant to court on your behalf. Although most cases settle, the ability to go to trial can increase your negotiating power.
- We do not charge any upfront fees. Retaining one of our attorneys will only result in legal fees if and when we succeed in securing you financial compensation.
Do I Need a Lawyer for a Car Accident Case?
Although a car accident insurance claim seems straightforward, an insurance company can make obtaining fair results difficult. Insurance companies use many tactics to save themselves money on client payouts. This can make it necessary to hire a car accident lawyer. It can be especially important to hire a lawyer if you have serious or catastrophic injuries that are worth a high amount.
A lawyer can help with all of the complicated legal aspects of your claim, from gathering evidence at the scene of your car accident to negotiating with an insurance claims adjuster for a fair settlement on your behalf. Meanwhile, you can have the freedom and peace of mind to focus on medical treatments, rehabilitation, physical therapy and emotional healing.
Proving Negligence in Car Accident Cases
Personal injury law hinges on the concept of negligence. “Negligence” in the legal world refers to an individual’s failing to meet an acceptable duty of care for a given situation. Drivers have a duty of care to follow the rules of the road, obey posted traffic signs and signals, and operate their vehicles safely. Some drivers, such as truck drivers, bus drivers, and commercial vehicle drivers, have a higher duty of care due to the nature of their work and the higher risk of injury posed by the vehicles they drive. If an individual suffers an injury in an car crash or a truck driving accident in New Castle, he or she will need to prove the responsible driver was negligent and that negligence directly resulted in the injured person’s losses. Hiring a reliable and experienced New Castle car accident attorney can make a world of difference when proving negligence.
How Can I Prove Negligence?
Proving negligence requires proving four things in court:
- Duty. The plaintiff must prove the defendant owed the plaintiff a duty of care in the given situation.
- Breach. Next, the plaintiff must demonstrate how the defendant breached or failed to meet this duty of care.
- Causation. The plaintiff can only sue for the direct results of the defendant’s negligence and must therefore prove his or her injuries and other losses were the direct results of the defendant’s negligence and not the results of some other cause.
- Damage or Actual Harm. The plaintiff can only sue if he or she suffered an injury or sustained some type of measurable economic loss.
Insurance Concerns and Damages in Auto Collision Claims
Pennsylvania follows a “choice no-fault” rule for car accidents and insurance claims. Essentially, Pennsylvania drivers have a choice between no-fault insurance and liability insurance. A driver with no-fault insurance will need to file a claim against his or her own insurance policy after an accident, even if someone else caused it. A driver with liability insurance typically has more flexibility when it comes to filing claims. However, drivers with no-fault insurance may still be able to sue a negligent driver if they suffered severe bodily harm or insurance does not cover the full amount of their losses.
Damages in automobile accident lawsuits typically include medical expenses, lost income, pain and suffering, and property damage. An injured driver can sue for his or her hospital bills, the costs of ongoing treatment, and coverage for wages lost after an accident due to inability to work. Additionally, injured drivers may sue for the cost of repairing or replacing a damaged vehicle or other personal property if insurance does not cover these damages. A personal injury lawyer will advise an injured driver about the types of compensation that may be available through a lawsuit.
How Much Compensation is Available in Car Accident Cases?
An auto accident can lead to many different losses for you and your family. You may be facing thousands of dollars in medical bills and lost wages, as well as expensive repairs to your damaged vehicle. In addition, a serious accident or injury could lead to emotional distress and psychological damage. In New Castle, you can request financial compensation for all of these damages and more:
- Past and future medical costs
- Vehicle or property repairs
- Lost income and employment benefits
- Pain and suffering
- Emotional distress
- Wrongful death damages
- Punitive damages
The exact value of your car accident case is something you will need to discuss in more detail with a car accident lawyer in New Castle. Every case is unique. The value of your case will depend on factors such as how long it will take you to recover from your injuries and the amount of insurance available. A lawyer can accurately evaluate your accident claim and help you fight for maximum compensation.
What is the Time Limit to File a Car Accident Lawsuit in Pennsylvania?
It is critical not to miss your time limit if you wish to file a car accident lawsuit in Pennsylvania. In legalese, this time limit is known as the statute of limitations. Statutes of limitations are different from state to state, as well as for different types of lawsuits. Statutes of Pennsylvania Section 5524 states that all claims for personal injuries must be brought within two years of the accrual of the cause of action.
If you are filing a wrongful death claim for a loved one who lost his or her life in an auto accident, you have two years from the date of the victim’s death to file your lawsuit. If you are going up against a government agency in pursuit of compensation, you will only have six months to file. Another exception to the rule as if the injured victim is a minor, in which case the minor will typically have until his or her 20th birthday to file.
With only a few exceptions, you have two years from the date of your car accident to file a lawsuit. The courts are strict in enforcing Pennsylvania’s statutes of limitations. Speak to an attorney as soon as possible to make sure you don’t miss your deadline, as doing so will most likely result in losing your right to pursue compensation. An attorney can let you know exactly how long you have to file your car accident lawsuit.
Why Hire an Accident Lawyer in New Castle?
Although some car accident cases may seem straightforward, insurance concerns and Pennsylvania state laws can make navigating these cases difficult for people with no legal training. Contact us online or call (724) 652-4081 to schedule a free consultation with our New Castle injury attorneys. It’s important to act quickly after a car accident to secure compensation, so don’t delay in reaching out to us for more information.