Key Takeaways:
- Securing legal counsel is a critical first step to protect your rights and prevent costly mistakes when filing a personal injury claim for a car accident.
- It’s not your job to determine fault; leave that to your attorney and the authorities.
- An attorney is your secret weapon throughout the lawsuit process, including negotiations and litigation.
Most people know what to do after a car accident; there’s an established protocol: call first responders, document the scene, and exchange insurance details. It’s pretty boilerplate, but what about after that? How do you deal with the damages and monetary concerns following the initial shock of the accident?
You call a personal injury attorney. After the accident, and your initial actions regarding safety, compensation is the primary goal. The attorney builds your personal injury accident claim to negotiate a fair settlement or, if necessary, fight for your rights in court.
Pennsylvania’s laws on fault mean that even if you’re the one bringing the claim, you’re placed in a defensive position. Attorneys are your shield, protecting you from the aggressive tactics of insurers looking to sidestep blame and limit liability. They should always be integral to your actions following an accident.
How To Respond Following an Accident
In Pennsylvania, knowing what to do after an accident that’s not your fault or one that may be your fault is crucial, as the steps you take following an accident may affect a settlement offer in the future. The state has what’s called a comparative negligence law, or a shared fault rule, that dictates how much you can recover in damages when partially responsible for an accident.
The law says that if you’re 51% liable, or at-fault, you’re barred from recovering any compensation. However, if you’re 50% or less at-fault, you can file a personal injury accident claim to recover damages.
The challenge is determining fault. It’s human nature when filing a personal injury claim to minimize or over-inflate an individual’s role in an accident. How you define your role may come down to your personality. The point is that people involved in an accident aren’t the best at defining fault because they have an inherent bias.
That’s why it’s best to hire an attorney who can act as an objective third-party, someone who can investigate the narrative, assess the police report, and find cause. Based on this investigation, you and your legal team can determine the best course of action for your personal injury accident claim based on your role.
What To Do After an Accident That Is Not Your Fault?
If your team determines you’re not at fault for the accident, the focus is on maximizing the settlement value and protecting it. For example, the biggest threat to your personal injury case is Pennsylvania’s comparative negligence rule. Even when the other driver is clearly liable, their insurer will try to pin a small percentage of fault on you.
Remember, they’re fighting for every percentage point. The closer they can get you to 50% liability, the less they have to pay out.
For this reason, your attorney will instruct you to avoid any conversations with insurance adjusters, especially recorded conversations that may affect your personal injury accident claim. Insurance adjusters work for a for-profit insurance company; their only job is to limit the insurer’s liability, securing a lower settlement for you.
Other ways attorneys protect the value of a settlement when filing a personal injury claim include:
- Avoiding gaps in medical treatment
- Recording witness statements
- Staying off social media
Segal, Berk, Gaines & Liss has over 50 years of personal injury law experience. Our attorneys can help you secure evidence, avoid missteps and miscommunications, and retrieve a fair settlement with your cooperation.
What are the steps in a personal injury lawsuit?
In Pennsylvania, your personal injury case can go through four steps: filing and notification, discovery, settlement conference or arbitration, and trial in the Court of Common Pleas. Filing and notification are known as commencement. It’s the first step and includes the Writ of Summons, which effectively pauses the clock on the statute of limitations, or the complaint stating the full case, and the notification or service of process to the defendant.
The second step is discovery. This is a formal exchange of evidence and typically includes interrogatories (written questions) and depositions (sworn oral testimony).
The third step is either a compulsory arbitration or a settlement conference to see if the case can be settled outside of court. For a personal injury accident claim valued at $50,000 or less, you must go through a compulsory arbitration, which is a formal hearing that resembles a mini-trial. The decision-makers include three court-certified attorneys, acting as judge and jury. If either party is unsatisfied with the outcome, they can appeal it, taking the case in front of a judge or jury.
When filing a personal injury claim valued over $50,000, both sides must submit to a settlement conference, which is a facilitated negotiation. The mediator or presider over the negotiation is a neutral, experienced attorney; they don’t issue a ruling. Their job is to help each party assess the strengths and weaknesses of their case and find a fair settlement. If the parties can’t negotiate a fair agreement, the case moves to trial.
How Segal, Berk, Gaines & Liss Can Help
Segal, Berk, Gaines & Liss is ready to take on your personal injury accident claim. Our current partners have between 25 and 40 years of experience, and our attorneys are eager to answer any of your questions. If you’re ready to work with a law firm that understands your needs, knows your value, and sees you as an individual, call us now and request a free consultation to discuss your case.
About Derek Liss, Esq.
Derek Liss, Esq., is a partner at Segal, Berk, Gaines & Liss, specializing in personal injury law.
Derek earned his Bachelor of Arts in Political Science from The George Washington University in 1991 and his Juris Doctor from Widener School of Law in 1994. He joined Segal, Berk, Gaines & Liss immediately after law school and brings 30 years of legal experience to his clients.
A member of the Philadelphia Bar Association, he practices throughout the greater Philadelphia region and is admitted to practice in the courts of Pennsylvania and the U.S. District Court for the Eastern District of Pennsylvania.
