How to Calculate Personal Injury Settlements in Chester County

In Chester County, accidents happen every day. A distracted driver might cause a serious car crash. Someone might slip and fall on a wet floor in a store. These accidents can change lives in an instant, leaving people with painful injuries and expensive medical bills.

At HoeyLegal, we’ve helped many people in Chester County get the money they need to recover after an accident. We know the laws inside and out, and we fight hard for our clients.

Knowing how to calculate personal injury settlement after an accident isn’t easy. That’s why we want to help you understand how it works in Pennsylvania. This way, you’ll know what to expect if you ever find yourself in this situation.

Pennsylvania’s Fault-Based System and Your Claim

Pennsylvania has a “fault-based” system for personal injury cases. This means that whoever caused the accident is usually responsible for paying for the injured person’s losses.

If you’re hurt in an accident, you have two years from the date of the accident to file a lawsuit. It’s important to act quickly so you don’t lose your right to seek compensation.

There are two main types of damages you can claim after an accident. The first type is economic damages, which are the actual costs you face. These include things like medical bills, lost wages from missing work, and any future medical care you’ll need.

The second type is non-economic damages. These are harder to put a price on because they involve things like pain and suffering, emotional distress, and the loss of enjoyment of life.

How to Calculate Personal Injury Settlement

How, therefore, do we determine the proper amount of money for your injuries? There is not a straightforward explanation. Numerous factors influence the potential value of your personal injury claim in Chester County.

First, just how devastating are your injuries? A broken arm is not like brain damage that alters life. These differences matter, and you need to know how to calculate personal injury settlement with them in mind.

Second, who brought about the mishap? It strengthens your case if it is evident that the other individual was to blame. We label this “clear liability.” When it’s evident who caused an accident or injury, a fair settlement is more likely.

Third, what changes in your life resulted from the accident? Is it still possible for you to work? Are you needing assistance with everyday chores? These things really count. If the accident has fundamentally impacted your life, you are entitled to be reimbursed for that.

Fourth, how strong is the evidence? Strong evidence is built via medical records, accident scene pictures, and witness accounts. Your prospects of a fair settlement increase with the strength of your proof.

Fifth comes the insurance of the other individual. Most people carry insurance to pay for accidents. These rules have restrictions, though. Even if your case is worth more, occasionally, the insurance company will pay just a specified sum.

And lastly, we consider what Chester County juries have concluded in such circumstances. This helps us to define our expectations.

As you can see, knowing how to calculate personal injury settlement requires much consideration. HoeyLegal’s attorneys have the expertise and know-how to ensure you receive the pay you are due.

What’s Your Personal Injury Lawyer’s Role?

Trying to deal with a personal injury claim on your own can be a fruitless endeavor. It’s tough, and you might not get the results you want which is why having an experienced personal injury attorney is so important.

At HoeyLegal, our team knows the ins and outs of personal injury law. We have a proven track record of getting great results for our clients.

So, what does a personal injury lawyer do? First, we gather all the evidence. This means collecting medical records, police reports, and witness statements; we also talk to experts who can help us understand your case better.

Next, we talk to the insurance company – this is where things can get tricky. Insurance companies often try to pay you as little as possible, but we know how to negotiate with them. We use a tool called a “multiplier” to figure out a fair settlement amount. This takes into account your medical bills, lost wages, and pain and suffering.

Sometimes, the insurance company won’t offer a fair settlement. If that happens, we’re not afraid to go to court where we fight for our clients in front of a judge and jury to make sure they get the justice they deserve.

What You Should After an Injury in Chester County

You know how to calculate personal injury settlement, but what should you do immediately following an accident? If you get hurt in an accident in Chester County, these are the important steps you should take right away:

Seek Medical Care

First, see a doctor as soon as possible. Even if you don’t feel hurt at first, some injuries might not show up until later, and your health is the most important thing. Plus, medical records will be important evidence for your case later on.

Collect Evidence

Next, start keeping track of everything related to your accident. Take pictures of your injuries and the scene of the accident. Keep all your medical bills and any receipts for things you had to buy because of the accident.

You can also write down how you’re feeling each day in a journal. This will help you remember details and show how the accident has affected your life.

Consult with a Chester County Injury Attorney

Then, call HoeyLegal for a free consultation. We can answer your questions and explain your options. We’ll let you know if you have a strong case and how we can help you.

Don’t talk to the insurance company for the other person without talking to us first. Insurance adjusters might seem friendly, but their job is to save the insurance company money.

They might try to get you to say something that could hurt your case. Let us handle all communication with the insurance company for you. We know what to say to protect your rights.

Call HoeyLegal for an Experienced Personal Injury Attorney in Chester County, PA

As you can see, figuring out how to calculate personal injury settlement isn’t simple. It involves many factors and requires experience and knowledge of the law. Don’t try to do it alone.

The lawyers at HoeyLegal are ready to help you get the best possible outcome. We offer free consultations, so you have nothing to lose. Click the “Request a Free Consultation” button below and let us fight for you.

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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