If you’ve been injured in a drunk driving accident in Philadelphia, the aftermath can be overwhelming. Not only are you dealing with physical injuries, but you also face medical bills, car repairs, and the emotional toll that comes with the trauma. Many victims are left wondering how they can seek justice and compensation for their suffering.
This blog will break down what you need to know about filing a personal injury claim after a drunk driving accident, what you can expect during the process, and how to maximize your chances of receiving fair compensation.
Understanding Drunk Driving Accident Claims
Here are answers to the most commonly asked questions Philadelphia accident victims have about drunk driving accident claims:
What Makes Drunk Driving Accidents Different?
Drunk driving accidents are, unfortunately, quite common. However, unlike other types of car accidents, they are preventable. When someone chooses to drive under the influence of alcohol, they are willfully disregarding the safety of others. This negligence is often the foundation of personal injury claims, as it demonstrates a clear breach of the driver's duty to exercise care on the road. For victims, this negligence makes them eligible to seek compensation not just for their physical injuries but also for emotional and financial damages.
Who Can Be Held Liable in a Drunk Driving Accident?
In most cases, the drunk driver is the primary liable party. However, there may be other parties involved, depending on the circumstances. For example, Pennsylvania has "dram shop" laws, which allow victims to hold establishments that serve alcohol to visibly intoxicated individuals accountable. If the drunk driver was over-served at a bar or restaurant, that establishment could also bear some liability for the accident.
Steps to Take After a Drunk Driving Accident
1. Seek Immediate Medical Attention
Even if you feel fine after a car accident, it's essential to seek immediate medical attention. Some injuries may not present symptoms right away but can worsen over time. In addition to whiplash and concussions, common delayed injuries include internal bleeding, fractured ribs, soft tissue damage, and spinal cord injuries. For instance, internal bleeding might not be noticeable at first but can become life-threatening without treatment. Prompt medical care also establishes a documented record of your injuries, which can be critical when pursuing a personal injury claim for compensation.
2. Gather Evidence at the Accident Scene
If you’re able, collect as much evidence as possible at the scene of the accident. Take photos of the damage to your vehicle, the surroundings, and your injuries. If there are witnesses, ask for their contact information. Police reports are also vital, especially if the other driver is arrested for drunk driving, as this will serve as strong evidence of their negligence.
3. Contact a Car Accident Lawyer
Drunk driving accident claims can be complicated. An experienced personal injury lawyer will guide you through the process, help you gather evidence, and represent your interests during settlement negotiations or a trial. When you contact a car accident lawyer in Philadelphia, they can explain your rights and help you understand the value of your claim.
What to Expect During a Drunk Driving Accident Lawsuit
Here’s what you can expect if you plan on filing a drunk driving accident lawsuit:
Filing Your Drunk Driving Accident Claim
The first step in seeking compensation is filing a drunk driving accident claim with the at-fault driver’s insurance company. In Pennsylvania, victims can recover damages under two types of liability: economic damages and non-economic damages. Economic damages include medical expenses, lost wages, and property damage, while non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life.
Settlement Negotiations
In most cases, your personal injury lawyer will negotiate with the at-fault driver’s insurance company on your behalf. Insurance companies often try to minimize the compensation they pay, so having an attorney to advocate for your rights is crucial. They will work to ensure that all of your damages, including future medical care or long-term rehabilitation costs, are considered during the settlement process.
Going to Court
If a fair settlement cannot be reached, your lawyer may recommend taking the case to court. In a drunk driving accident lawsuit, your attorney will present evidence to demonstrate the other driver's negligence and the impact the accident has had on your life. A judge or jury will then decide whether you are entitled to compensation and how much.
Common Questions About Drunk Driving Accidents in Philadelphia
How Long Do I Have to File a Drunk Driving Accident Claim?
In Pennsylvania, you have two years from the date of your accident to file a personal injury lawsuit. While this might seem like plenty of time, it’s crucial to act quickly. Waiting too long can make it more difficult to gather strong evidence, as physical proof may fade, and witnesses' recollections may become unreliable over time. The sooner you start the claims process, the better your chances of building a solid case for compensation.
What if the Drunk Driver Doesn’t Have Insurance?
If the at-fault driver doesn’t have insurance or doesn’t have enough to cover your damages, you may still have options. If you have this coverage as part of your policy, you may be able to file a claim with your own insurance company for additional compensation.
What Compensation Can I Receive After a Drunk Driving Accident?
Victims of drunk driving accidents can seek compensation for a wide range of damages, including:
- Medical expenses: This includes everything from hospital bills to physical therapy and future medical costs.
- Lost wages: If you’ve missed work due to your injuries, you can recover compensation for lost income.
- Pain and suffering: This covers emotional distress and physical pain resulting from the accident.
- Property damage: Compensation for repair or replacement of your vehicle or other damaged property.
- Punitive damages: In cases of extreme negligence, such as drunk driving, punitive damages may be awarded to punish the at-fault party.
Why You Need a Skilled Personal Injury Lawyer After a Drunk Driving Accident
Navigating a drunk driving accident claim without professional legal help can be risky. Insurance companies are more interested in minimizing payouts than ensuring you are fairly compensated. An experienced personal injury lawyer will ensure that your case is thoroughly investigated and that all potential sources of compensation are considered. They will handle all negotiations and, if necessary, represent you in court.
Were You Injured in a Drunk Driving Accident in Philadelphia? Contact the Experienced Personal Injury Lawyers at van der Veen, Hartshorn, Levin & Lindheim Today
If you or a loved one has been injured in a drunk driving accident in Philadelphia, don’t navigate the legal process alone. The experienced attorneys at van der Veen, Hartshorn, Levin & Lindheim are here to help. We will fight for the compensation you deserve and make sure you understand each step of the claims process.
Contact us today at 215-486-0123 or fill out our secure online contact form to schedule a free consultation. Your recovery starts with the right legal team by your side.