Most people try to avoid car accidents, but that is not always possible. When someone is speeding, the person can come upon you so fast that you don’t have time to move out of the way before they cause an accident. Not only is speeding against the law, but it is negligent behavior. The speeder could face criminal charges in addition to the civil cases brought against them by the injured.
If you suffered injuries in an accident caused by a speeding vehicle, contact a Philadelphia speeding accident lawyer at The Cochran Firm at (800) 969-4400 as soon as possible for a free case evaluation.
How a Philadelphia Speeding Accident Lawyer Can Help
If you suffered injuries or lost a loved one in a speeding accident, a Philadelphia speeding accident attorney can help you in many ways. The laws regarding negligence are complex. Philadelphia speeding accident lawyers are well versed in the laws that allow you to recover the compensation you deserve. They also:
- Gather evidence to help prove your case including police reports and medical records.
- Investigate the accident scene with their own investigators instead of relying on the police or insurance company investigators.
- Gather other evidence including witness statements and photos needed to help prove your case. They also schedule depositions and negotiate settlement agreements with insurance companies, so you don’t have to deal with them.
- Help you obtain the medical care you need by helping you find the specialists and therapists you need.
Proving Negligence after a Philadelphia Speeding Accident
To win a settlement or trial award for injuries you suffered in a speeding accident, you must be able to prove the at-fault driver was negligent. Negligence has four elements, and you must prove all four:
- The defendant has a duty of care to protect you from harm. Everyone on the road must drive carefully and within the law in order to keep others safe.
- Breach of duty of care. The defendant breached the duty of care when they drove above the speed limit.
- Causation. The defendant’s actions or inactions – in this case, speeding – caused your injuries.
- You suffered damages – financial losses – because of your injuries.
Even if you settle your case, the defendant’s insurance company will want you to prove negligence, or it will deny your claim. A speeding accident lawyer looks at the facts of your case and the evidence to create the initial contact – a demand letter – to the insurance company. The demand letter explains that the defendant’s actions were negligent and caused your injuries.
If you suffered injuries in an accident caused by a speeding vehicle, contact a Philadelphia speeding accident lawyer at The Cochran Firm at (800) 969-4400 as soon as possible for a free case evaluation.
How Much Is My Case Worth?
No attorney can determine how much your case is worth without reviewing your medical records and the facts of the case. However, Philadelphia speeding accident lawyers work with expert witnesses such as doctors to determine a fair and reasonable settlement.
If doctors expect you to be fully healed in a matter of a few months, the amount you will recover is less than someone who suffered traumatic brain injuries that will affect them for the rest of their lives.
Types of Speeding Accident Injuries
The injuries you sustain could range from minor cuts and bruises to catastrophic injuries such as traumatic brain injuries, spinal cord injuries, or even death. Other injuries might include:
- Strains and sprains
- Pulled and torn muscles and other soft tissue injuries
- Road rash
- Internal injuries
- Face and eye injuries
- Ear injuries, including deafness
- Thermal and chemical burns.
If your speeding accident injuries exacerbate existing illnesses and injuries, the defendant is responsible for the additional damages caused by the new injuries. Additionally, if you suffer secondary injuries including but not limited to infections, the defendant is responsible for damages caused by the secondary injuries.
Types of Damages
Pennsylvania allows you to recover two types of damages: compensatory and punitive. The court orders compensatory damages in an attempt to make you financially whole again. However, it orders punitive damages only if you recover compensatory damages and can prove that the defendant’s actions or inactions were grossly negligent. Instead of making you whole again, punitive damages are a punishment for the defendant’s behavior.
Compensatory damages include economic damages and non-economic damages.
Economic Damages
Sometimes referred to as special damages, economic damages have a monetary value. Most people injured in a speeding accident can recover economic damages including:
- Medical expenses including doctors’ appointments, surgeries and follow-up appointments, prescriptions, and prescribed over-the-counter medications and equipment
- Accessibility modifications including hand controls and wheelchair ramps or lifts for your vehicle, and home updates including wheelchair ramps, widened doorways, grab bars, and handrails
- Home health care, nursing home, and/or rehabilitative home care costs
- Therapeutic expenses including physical therapy, cognitive therapy, occupational therapy, and psychological therapy
- Replacement or repair of damaged or destroyed personal property including your vehicle and anything of value in the vehicle
- Lost wages and loss of future earning capacity
- Death-related expenses including burial and funeral expenses, cremation expenses, certain probate court fees, and probate attorneys’ fees and costs.
Non-Economic Damages
Sometimes referred to as general damages, non-economic damages do not have a monetary value. Not everyone can recover non-economic damages. In most cases, those who lost a loved one or suffered long-term or permanent injuries can recover non-economic damages including:
- Pain and suffering, including emotional distress
- Loss of companionship and/or consortium
- Inconvenience if you have to hire someone to do the chores you usually do such as grocery shopping, lawn maintenance, house cleaning, and home repair and maintenance
- Loss of use of a body part or bodily function
- Amputation of a digit or limb
- Excessive scarring and/or disfigurement.
If you suffered injuries or lost a loved one in a speeding accident, contact a Philadelphia speeding accident lawyer at The Cochran Firm by calling (800) 969-4400 for a free, no-obligation case evaluation.