If you have been injured in a car accident, you need a Pennsylvania car accident attorney in Philadelphia who knows how to fight the insurance companies. This is because the insurance companies will try to minimize your claim and offer you a small settlement.
Kitay Law Offices will not let them get away with that. We will pursue the full value of your claim, and we will make sure that you receive the medical treatment and financial compensation you deserve.
If you have been injured in a Philadelphia car accident, call us today for a free consultation. We will review your case and let you know how we can help.
You Philadelphia Car Accident Lawyer can sue the responsible party on your behalf. However, most cases do not end up in a lawsuit right away. In fact, most car accident claims resolve through settlement negotiations that occur before the filing of a lawsuit.
Here are the basic stages of a car accident case:
Following a car accident, the most important thing is your health and safety. You should always seek medical attention as soon as possible after an accident. Even if you don’t feel an injury at the scene of the accident, you may still have an injury that you discover later. This is especially true because shock and adrenaline kick in to help you respond to the emergency.
Therefore, you may not actually feel the effects of the accident until several hours later. So, make sure you seek medical treatment immediately following your car accident in Philadelphia.
It is important to retain a Philadelphia car accident lawyer as soon as possible after getting medical treatment. Your lawyer can help you file a claim and negotiate a settlement with the insurance company. If the insurance company does not offer a fair settlement, your lawyer can file a lawsuit on your behalf.
Remember, the insurance company is not your friend. The insurance adjuster’s job is to do everything in his or her power to reduce the value of your case. In fact, the adjuster may tell you things that are not true at all. Having an experienced car accident lawyer in Philadelphia on your case can ensure you are not taken advantage of by the insurance company.
Settlement negotiations with car insurance companies can be tricky. The insurance company will try to offer you a small settlement, but an experienced car accident lawyer in Philadelphia will work toward obtaining the maximum settlement value for your case. This can include compensation for a variety of damages, such as medical bills, property damage, lost wages, and pain and suffering.
Typically, personal injury lawyers will begin settlement negotiations with the insurance carrier by asking them to pay significantly more than they are willing to pay. In response, the insurance adjuster will often reply with an initial offer for much less than your case is worth.
From that point, your Philadelphia car accident lawyer will engage in a dance of sorts. This often involves incrementally reducing the amount of compensation you are asking for while also pushing the insurance carrier to incrementally increase their offer amount.
While this sounds pretty simple, it is actually quite complex. Your lawyer and the insurance adjuster will discuss several issues and risks associated with your case. Some of these may include:
Importantly, many more things factor into the settlement discussions your car accident lawyer in Philadelphia will have with the insurance adjuster. And while most cases do end up resolving in a settlement, not all cases do.
If the insurance company does not offer a fair settlement, your car accident lawyer in Philadelphia can file a lawsuit on your behalf. This will start the legal process and allow your case to be heard in court.
The lawsuit will include a Complaint, or legal document, that will state the facts of your car accident and why you believe the other party is responsible. This document is then served on the other party so that they know they are being sued.
Once the lawsuit is filed, the other driver will have to respond to the Complaint. They may choose to do so by denying the allegations in the Complaint or by admitting to them. They may also choose to file a Counterclaim against you, which is a legal document that accuses you of being responsible for the car accident.
Your car accident lawyer in Philadelphia will then have to file an Answer to the Counterclaim. This is a legal response that denies or admits to the allegations made in the Counterclaim.
The next step in the legal process is Discovery. This is where both sides gather evidence related to the car accident. Importantly, this may include documents, such as police reports and medical records, and testimony from witnesses.
While your case is in court, both sides still have the option of settling your case. Frequently, this occurs through a mediation.
Mediation is a process where a neutral third party helps both sides engage in settlement discussions to hopefully reach a resolution. Neither side has a requirement to settle, but having a third party can help everybody reach a common ground.
If settlement simply is not possible, then the parties can go though either an arbitration or a trial. In both, the parties will receive a decision telling them the result or award. The result is typically binding on both sides and only qualifies for appeal under very specific circumstances.
An arbitration is like a mini trial. Often times, the rules governing procedure and evidence submission are slightly relaxed. The decision-maker is typically one or more attorneys who have experience handling car accident cases in their own practice of law.
A trial can be either by judge or jury. This is the most formal type of legal proceeding and is what most people think about from TV and movies.
In Pennsylvania, car accident victims generally have two years from the date of the car accident to file a lawsuit. Under Pennsylvania law, this is known as the statute of limitations.
There are a few exceptions to this rule with which your car accident lawyer in Philadelphia should be familiar. For example, if the car accident victim is a minor, they have until their 20th birthday to file a lawsuit.
In addition, if the victim dies, two different deadlines apply because there are two different types of claims that can result: wrongful death actions and survival actions.
The distinction between a survival action and a wrongful death action is the basis of the case. Financial losses incurred as a result of the loss of a loved one are the basis of a wrongful death lawsuit. This claim must be filed in court within two years of the victim’s death.
The deceased individual’s pain and suffering, which occurs after the accident and before death, form the basis of a survival action. The statute of limitations for survival actions is two years from the date of the accident. Importantly, note that there can be a big difference between these deadlines for wrongful death and survival actions.
Finally, these deadlines are very important and you should not miss them. If you miss the statute of limitations, you will likely not be able to file a lawsuit at all.
If you are involved in a motor vehicle accident in Philadelphia, PA, here are a few initial steps you should take to protect yourself and your legal rights:
When looking for a car accident lawyer in Philadelphia, one factor to consider is the amount of the legal fee. In other words, you may be asking, “How much will the lawyer charge to take my case?”
This is a valid question, but it’s not always easy to answer. Attorneys who focus on car crash cases typically charge a percentage of the total settlement or verdict. Percentages typically range from 33% to 40%, but this is just a guideline. In fact, some lawyers even charge upwards of 45% of the total recovery to take on the case.
When deciding whether to hire a lawyer for your Philadelphia car accident case, here are a few factors to consider regarding the amount of the legal fee:
It’s important to remember that auto accident lawyers typically work on a contingency basis. This means they do not receive payment unless they win or settle your case.
If you’re not sure what percentage your car accident lawyer in Philadelphia charges, be sure to ask before you sign any agreement. And if the lawyer tries to dodge the issue, find a different lawyer immediately.
If you’re reading this, you have likely been searching the internet for a Philadelphia car accident attorney. Also, you have probably noticed that most lawyers who handle car accident cases mention a “no win no fee” arrangement. So the question then becomes, “Is no win no fee worth it?”
This type of agreement is a “contingent fee agreement.” Importantly, it allows car accident victims to hire a lawyer without having to worry about up-front legal fees. In addition, car accident lawyers who work on a no-win-no-fee basis are more likely to take on a case and fight for the victim’s rights.
Some major benefits of No-Win-No-Fee arrangements for car accident victims include:
If you’ve been in a car accident and are considering hiring a Philadelphia car accident lawyer, be sure to ask about no win no fee arrangements. It could be the best decision you make.
Kitay Law Offices has a long history of successfully handling car accident cases in Philadelphia. We have the experience and resources necessary to take on large insurance companies and win. We understand the complex legal process involved in car accident cases, and we are ready and willing to fight for your rights.
If you have been injured in a car accident, contact Kitay Law Offices today for a free consultation. We will evaluate your case and discuss how we can help.
If you’ve been injured in a car accident in Philadelphia, Attorney Ken Kitay can help you. Please call to schedule a free consultation with Ken at 610-776-1700.
Free Consultation: 610-373-8000
¡Se habla español!
Hours:
9AM-5PM (Monday-Friday)
Phone:
610-373-8000
Call or message us today for a free consultation!
If you’ve been injured in a car accident in Philadelphia, Attorney Ken Kitay can help you. Please call to schedule a free consultation with Ken at 610-776-1700.
1-888-548-2952
Call today for a free consultation.