In Pennsylvania, 227 people a day on average are injured in accidents involving automobiles. A person involved in a car accident who is injured or suffers property loss may be entitled to recoverable damages. “Damages” is a legal term for compensable losses, and it normally involves compensatory damages but can in some scenarios encompass punitive damages as well.
In almost all cases involving automobile accidents, the damages that the victim is entitled to are compensatory damages. The victim could be a driver, passenger, pedestrian, bicyclist and so on. Such damages are intended to make the plaintiff whole. In other words, they’re intended to compensate the plaintiff for a broad range of losses that were incurred through no fault of his or her own. Common types of compensatory damages that juries and judges award include:
Often, these cases don’t progress all the way to trial or even require a judge and are instead settled. In such a scenario, your Allentown accident attorney would determine your damages and then negotiate for that amount with the responsible parties. If your case does make it to a jury or judge, your attorney will present the same kind of information, but the judge or jury will make the final determination. In order to make this decision, the jury will seek answers to questions such as:
Not all states allow for punitive damages in such cases. Pennsylvania injury law does allow for it if the conduct of the defendant is deemed “outrageous.” It’s worth noting that exemplary damages are usually not awarded due to mere negligence, and inattention and carelessness are often what cause accidents. Even unreasonable behavior may not be enough, and whether a person behaved outrageously often comes down to whether there was:
Damages aren’t limited to lawsuits. If, for instance, you make a third-party claim with the company that insures the driver who was at fault, any financial settlement you receive is considered damages. Even if this avenue is open to you, it behooves you to hire an Allentown accident attorney who can work to ensure that the insurance company treats you fairly and pays out an appropriate amount. If the insurer won’t pay an appropriate amount, your lawyer can pursue a lawsuit. Whether you receive compensation via a lawsuit or settlement, it could encompass:
If you or a loved one has been injured in a car accident, seek out an Allentown accident attorney today. At Metzger & Kleiner, we focus on all forms of personal injury law cases and would welcome the opportunity to consider yours. Call us at (610) 435-7400 if you’re anywhere in the Lehigh Valley. If you’re in Philadelphia, call us at (215) 567-6616.
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