Do You Need A Philadelphia Rollover Accident Lawyer?
Rollover accidents can be catastrophic, exposing drivers and passengers to the risk of very severe injury and death. If you’ve been involved in a rollover accident that was the fault of another road user, you may need to pursue legal action to recover the expenses you incurred because of the accident.
With this in mind, you should consider visiting an attorney as soon as possible in the wake of an accident like this.
How A Rollover Accident Lawyer from The Cochran Firm Can Help You
The expert Philadelphia rollover accident lawyers at the Cochran Firm help clients at every stage of the dispute process following a crash, from your initial inquiry to the resolution of your case.
Initial Consultation And Case Evaluation
Our lawyers will listen to your story and assess the viability of your claim on the basis of the available evidence.
Investigation And Evidence Collection
From there, your Philadelphia rollover accident lawyer will conduct a thorough investigation to determine the cause of the rollover accident and assess whether another party may have been partly or entirely at fault. We’ll use police reports, witness statements, photographs, available surveillance footage, and expert opinions to build as strong a case as possible.
Filing A Lawsuit
If we conclude that you may have a viable case on your hands, we’ll recommend filing a rollover accident lawsuit in state court. At this point, the case-building process begins; this will involve discovery, whereby both parties to the dispute request and collect evidence from each other.
This process can take a number of months, depending on how complex your case is. During discovery, there may be depositions and out-of-court sessions in which parties give testimony under oath.
The fact that you have filed a lawsuit doesn’t mean your case is destined to end up in court. The disputing parties get opportunities to settle the matter privately before that happens; that’s typically a preferable outcome, as it saves everyone involved significant money and time.
If a fair settlement cannot be reached this way, the Cochran Firm will be prepared to take your case before a judge and jury.
Post-Settlement Or Verdict Assistance
Once your case has been resolved, your lawyer will continue to assist you in navigating any post-settlement or post-verdict issues that may arise, such as ensuring that you receive your compensation in a timely manner or addressing any appeals filed by the opposing party.
Causes of Rollover Accidents
Rollover accidents fall into two broad categories: tripped and untripped.
A tripped rollover comes about because of an impact between your vehicle and some other object, whether it’s another vehicle or an obstacle on the road. On the other hand, an untripped rollover occurs when your vehicle turns over of its own accord, usually because of an excessively quick or sharp turn.
So, how might either of these types of accidents result in a successful lawsuit?
Establishing Liability in Rollover Accident Cases
There are a number of ways in which other parties may be held responsible for a rollover accident you were involved in.
For instance, if you need to swerve to avoid another vehicle driving dangerously, the other driver may be liable for your accident. Equally, if a collision with an object on the road caused you to roll over, the party responsible for that object’s presence on the road (such as a local authority) may be deemed to have acted negligently and so may be liable for damages.
More generally, in order to prove negligence on the part of a defendant, you must show that the individual in question owed you a duty of care, that they breached this duty, that this breach was the cause of your accident, and that you suffered actual damages as a result of what happened.
Pennsylvania follows the modified comparative negligence rule, meaning that the amount of compensation you can recover will be reduced by your percentage of fault in the accident (assuming you were partially to blame). However, if you are found to be more than 50% at fault, you will not be entitled to any damages.
Injuries That Commonly Result from Rollover Accidents
Rollover accidents typically occur at high speed, and they involve a complete loss of control of your vehicle, so they frequently cause severe injuries and loss of life.
We regularly deal with rollover accident victims who have sustained:
- Traumatic brain injuries
- Spinal cord injuries
- Herniated discs
- Broken bones
- Lacerations and contusions
- Limb amputations
- Internal organ damage
- Punctured lungs
- Burn injuries
- Disfigurement and scarring
- Psychological difficulties, such as anxiety, depression, and post-traumatic stress disorder.
Damages You May Be Entitled to Following A Successful Rollover Accident Claim
When you file a personal injury lawsuit following a road accident, the compensation you’re seeking is called damages. These damages fall into a few different categories.
Special (Economic) Damages
Economic damages are intended to compensate you for direct financial losses incurred due to the accident. These are expenses with a clear monetary value indicated by receipts or invoices, and may include:
- Medical expenses: You can apply for past and future medical costs related to injuries you’ve sustained, including emergency room visits, surgeries, hospitalization, medications, physical therapy, and assistive devices.
- Lost wages: You may be entitled to compensation for lost income if you were unable to work following your accident.
- Property damage: The defendant may have to cover the cost of repairing or replacing your damaged vehicle and any other personal property destroyed in the accident.
General (Noneconomic) Damages
These damages compensate you for intangible losses you suffered as a result of your crash. They are typically much harder to quantify, as there is no set dollar amount judges and juries can refer to in order to decide on an award. General damages may include:
- Pain and suffering: This refers to the physical pain and emotional distress you have endured (and may continue to endure) as a result of your injuries.
- Loss of enjoyment of life: If there has been a significant decline in your overall quality of life, or you have lost the ability to participate in activities you previously enjoyed, you may be entitled to damages of this type.
- Loss of consortium: In some cases, the spouse of an accident victim may seek damages for the loss of companionship, affection, and intimacy their partner’s injuries have led to.
Courts award punitive damages to punish egregious behavior by a defendant and discourage similar conduct in the future rather than to compensate a plaintiff for their losses. These damages are not available in Pennsylvania in every case; judges only award them where it is clear that the liable party acted intentionally and with malice.
So, in a rollover accident case where the person who caused the incident did so unintentionally, punitive damages will not be on the table, regardless of how negligent the conduct in question was.
Working with A Philadelphia Rollover Accident Attorney Who Will Fight for Your Rights
The trauma, physical pain, and practical difficulties associated with serious car accidents are completely overwhelming for many victims. While legal action might be the last thing on your mind at this time, it’s crucial to explore your options in this regard to ensure that your financial future is protected.
The good news is that an expert rollover accident lawyer will make the process as simple as possible for you. Contact the Cochran Firm in Philadelphia for a free initial consultation about your case. You can get in touch via our online webform, our email address, or over the phone at 800-969-4400.