Why Getting Legal Advice After an Accident in Wilkes- Barre Can Make or Break Your Case

  When you need legal advice accident situations create, you’re often facing injuries, vehicle damage, and mounting bills. The decisions made right after your accident can determine if you get fair compensation or pay for someone else’s mistake. Accident victims are not alone on the journey, our team is by your side prepared to guide you and be there for you. If you’ve been in an accident, here’s what to do immediately:

1. Seek medical attention, even if you feel fine.
2. Document everything, including photos, witness info, and police report numbers.
3. Report to your insurance, but do not admit fault.
4. Don’t sign anything from the other driver’s insurance company.
5. Contact a lawyer before giving recorded statements or accepting offers.

Car accidents are a daily occurrence in Wilkes-Barre Pennsylvania. As one MWKE personal injury lawyer notes: “If you or a loved one has been involved in a motor vehicle accident, it is critical that you know your rights.” The aftermath is overwhelming, with pain, stress, and financial pressure, while insurance companies work to minimize their payout. Since most car accidents are preventable, someone’s negligence likely caused your suffering. This guide outlines the steps to protect your rights and maximize compensation. We’ll show you how to avoid common mistakes from the first 24 hours through the final settlement.  

Your First 24 Hours: Immediate Steps After an Accident

The moments after a car accident are chaotic. Your response is critical. Here’s a step-by-step guide on what to do. Safety comes first. If you can safely move your car, pull over to the shoulder. If not, leave it and turn on your hazard lights to prevent another collision. Next, check for injuries. Adrenaline is powerful. It can mask serious injuries like whiplash or concussions for hours or days, so you may be hurt even if you feel fine. Call 911, especially if anyone is hurt or there’s significant vehicle damage. In Pennsylvania, you must report accidents involving injuries, death, or major property damage. The police will create an official police report, which is crucial evidence. Get the officer’s name, badge number, and the accident report number for your insurance company. While waiting, exchange information with the other driver: full name, phone number, driver’s license number, and insurance details (company and policy number). Also, note their vehicle’s make, model, year, and license plate. If there are witnesses, ask for their contact information. Witness information is invaluable if the other driver’s story changes. Documenting the scene is vital for your claim. Use your phone to take photos and videos of everything: vehicle damage, the entire scene from multiple angles, street signs, skid marks, and weather conditions.

What Evidence is Crucial for a Car Accident Claim?

The more evidence you collect, the stronger your case. Key pieces include:

• Photographs and videos: Capture vehicle damage, the accident scene, road conditions, and any visible injuries. Visual proof is powerful.
• The police report number: This official document provides an objective account of the accident.
• Witness contact details: Independent witnesses offer unbiased testimony, which is crucial in “he said, she said” situations.
• Medical records: These link the accident to your injuries, from ER visits to physical therapy and prescriptions.
• Receipts for expenses: Keep records of all accident-related costs, including medical bills, car rentals, and repair estimates.
• A personal journal of symptoms: Document your daily pain levels, physical limitations, and how the injuries affect your life. This creates a detailed timeline of your recovery.

For more guidance, see this information on Legal Advice for Accident Claims.

Common Car Accident Injuries

Car accidents can cause a range of injuries, some with delayed symptoms. Be aware of the following:

• Whiplash: A sudden neck strain causing pain, stiffness, headaches, and dizziness, often appearing a day or two later.
• Concussions: A brain injury from a jolt to the head, with symptoms like headaches, confusion, memory issues, and nausea.
• Broken bones: Common in arms, legs, and ribs. Hairline fractures may not be immediately obvious.
• Lacerations: Cuts from glass or metal can range from minor to severe and risk infection.
• Internal bleeding: A dangerous, invisible injury to organs that requires medical testing to detect.
• Spinal cord injuries: Can range from herniated discs to paralysis, often requiring long-term care.
• Post-Traumatic Stress Disorder (PTSD): The psychological trauma can cause anxiety, flashbacks, and a fear of driving.

Getting prompt medical attention is essential for both your health and your claim. You can learn more about various injuries at Common injuries sustained in accidents.

Navigating the System: Dealing with Police and Insurance Companies

After an accident, you’ll deal with police and insurance adjusters. Understanding their roles helps you avoid costly mistakes. Police officers investigate the scene, ensure safety, and create an official accident report. This report is a key piece of evidence for insurance companies, though a ticket doesn’t automatically assign fault for the claim. Insurance adjusters work for insurance companies. Their job is to investigate claims, determine fault, and negotiate settlements. Insurance companies are businesses that aim to pay as little as possible. You must report the accident to your insurer quickly, typically within seven days. Waiting too long can jeopardize or even lead to the denial of your claim. Adjusters determine fault by reviewing the police report, witness statements, and other evidence. If you’re found more than half at fault, your premiums will likely increase. There’s a key difference between your insurer and the other driver’s. Your company provides “first-party” benefits you’ve paid for, like medical payments. The other driver’s insurer only pays if their client was at fault. The other driver’s insurance company is not on your side; their goal is to protect their client and their own bottom line.

Do’s and Don’ts When Speaking with an Insurance Company

What you say to an insurance company can significantly impact your claim. Follow these guidelines:

• DO report the basic facts: Stick to the date, time, and location of the accident.
• DO keep detailed records: Note who you spoke with, when, and what was discussed. Save all documents.
• DO cooperate with your own insurance company: They need accurate information to process your claim.
• DON’T admit fault: Avoid saying “I’m sorry” or speculating about the cause. Let the investigation determine fault.
• DON’T give a recorded statement to the other driver’s insurer without getting legal advice accident situations require. You can politely decline until you’ve spoken with a lawyer.
• DON’T sign waivers or accept quick settlement offers: These are often low-ball offers that prevent you from seeking further compensation if your injuries are worse than you thought.

If you don’t know an answer, say so. Don’t guess. Getting Legal Advice for Car Accidents early levels the playing field.

What if You Disagree with the Insurance Company’s Decision?

If an insurance company makes a decision you disagree with, you have options. First, ask the claims adjuster to explain their reasoning. Understanding how they reached their decision can help you identify errors. If you still disagree, contact the company’s complaint officer to start an internal review. Most states have formal processes to resolve these disputes. We can guide you through the steps in Pennsylvania to challenge an insurer’s decision. Review your insurance policy. Understanding your coverage helps you know what you’re entitled to receive. A lawyer can also provide a valuable second opinion, assess the insurer’s reasoning, and advise on next steps. Sometimes, a letter from a law firm is enough to make an insurer reconsider. Don’t let an intimidating process prevent you from getting what you’re owed.

Understanding Your Claim: What Compensation Can You Recover?

After an accident, you may be entitled to compensation. Understanding the types of damages available helps clarify what you might recover. When seeking legal advice accident victims often learn they can recover more than they realized. Compensation is divided into economic damages and non-economic damages. Economic damages are tangible, calculable losses. This includes medical bills (past and future), lost wages from missed work, and compensation for future earnings if your ability to work is affected long-term. Property damage is also covered, including vehicle repair or replacement and damage to personal items. Smaller expenses, like transportation to medical appointments, also add up and should be included. Non-economic damages are harder to quantify but equally important. This includes pain and suffering for physical discomfort and emotional distress, such as anxiety or depression related to the accident. Loss of enjoyment of life covers the inability to participate in hobbies and activities you loved before the accident. These are real losses, even without a price tag. The goal is to secure compensation that reflects the full impact of the accident on your life. For more details, explore Legal Advice for Personal Injuries.

Comparing Insurance Benefits vs. Lawsuit Damages

There is a major difference between what your own insurance covers and what you can recover through a lawsuit against the at-fault party. In Pennsylvania, your own auto insurance provides “First Party Benefits.” This safety net covers some medical expenses and lost income, regardless of fault, helping with immediate needs. However, your own insurance has limits and typically excludes pain and suffering. This is where a lawsuit against the at-fault driver is crucial. A tort claim (a lawsuit for damages) allows you to pursue compensation for losses your insurance doesn’t cover, including non-economic damages and economic damages that exceed your policy limits. This two-layer approach allows you to seek full compensation for the true cost of someone else’s negligence.

Critical Deadlines and Why You Need Legal Advice for an Accident

After a car accident, the clock starts ticking on your legal rights. Critical deadlines, known as statutes of limitations, determine how long you have to file a lawsuit. Missing them means you could lose your right to compensation forever. In Pennsylvania, you generally have two years from the accident date to file a personal injury lawsuit. While that seems like a long time, building a strong case by gathering evidence, understanding your injuries, and negotiating with insurers takes time. The longer you wait, the weaker your case can become. Witness memories fade, evidence disappears, and security footage is erased. Prompt action is essential. Beyond the lawsuit deadline, other deadlines exist for reporting the accident to your insurer and applying for certain benefits. Meanwhile, insurance companies are already working to minimize your claim. They know the system and use it to their advantage. This is why getting trustworthy legal advice accident victims need is so important. A lawyer levels the playing field against powerful insurance companies and protects your rights while you focus on recovery.

Why You Need Legal Advice for an Accident Claim

Do you need a lawyer? While you might handle a minor fender-bender yourself, any accident involving injuries, disputed fault, or significant damages warrants legal guidance.

• Navigating legal complexities: Personal injury law is intricate. We guide you through the statutes, regulations, and court procedures in Pennsylvania.
• Calculating your claim’s true value: Many people underestimate their claim’s worth. We assess all factors, including future medical costs, lost earning potential, and pain and suffering, to seek comprehensive compensation.
• Handling all communication: We take over conversations with insurance companies, protecting you from saying something that could harm your case.
• Meeting legal deadlines: We ensure all forms are filed correctly and on time, preserving your right to compensation.
• Negotiating settlements: We know insurance company tactics and negotiate forcefully on your behalf to achieve a fair settlement.
• Representing you in court: If a fair settlement isn’t offered, we are prepared to take your case to trial.

At Metzger Wickersham, our team has been representing clients for over 135 years. For more information, contact us for Legal Advice for Car Crashes.

What to Expect from Your Initial Legal Advice Accident Consultation

Your initial consultation with us is free, informative, and designed to give you clarity.

• Case evaluation: We’ll discuss the details of your accident and how it has affected you.
• Evidence review: We’ll go over any documentation you have, like police reports and medical records, and guide you on what else is needed.
• Understanding your rights: We’ll explain the types of compensation you may be entitled to under Pennsylvania law.
• Discussing next steps: We’ll outline the legal process and a potential timeline for your case.
• Our fee structure: We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. There are no upfront costs.

This consultation is your opportunity to get honest answers and practical guidance with no obligation.

Frequently Asked Questions about Accident Claims

After an accident, it’s normal to have questions. Here are answers to some common concerns.

What if the at-fault driver is uninsured or fled the scene (hit-and-run)?

Being hit by an uninsured driver or in a hit-and-run is frustrating, but you likely have more protection than you realize. This is where Uninsured/Underinsured Motorist (UM/UIM) coverage on your own policy is critical. This coverage acts as a safety net, stepping in to pay for your medical bills, lost wages, and other damages when the at-fault driver has no insurance, insufficient insurance, or cannot be found. Your UM/UIM coverage essentially replaces the insurance the other driver should have had, protecting you from paying out-of-pocket for their mistake. If you’re in a hit-and-run, report it to the police immediately. Gather any evidence you can, such as witness statements or security footage. Then, contact your insurance company to start a claim under your UM/UIM coverage. Acting quickly improves your chances of receiving the compensation you deserve.

Can I still file a claim if I was partially at fault for the accident?

Yes, in Pennsylvania, you can often recover compensation even if you were partially at fault. The state follows a modified comparative negligence rule. As long as you are found to be less than 51% responsible for the accident, you can still collect damages. Your compensation will be reduced by your percentage of fault. For example, if your damages total $50,000 and you are found 30% at fault, you could still recover $35,000 (70% of the total). You only lose the right to collect from the other driver if you are 51% or more at fault. This is why you should never admit fault at the scene. Let the official investigation determine what happened. The 51% bar rule protects those who made minor mistakes from being denied compensation when another party was primarily responsible.

How much does it cost to hire a car accident lawyer?

We understand that you’re already facing financial strain from medical bills and lost income. That’s why we work on a contingency fee basis, which means you pay absolutely nothing upfront. There are no retainers or hourly fees. We only get paid if we win your case, whether through a negotiated settlement or a court verdict. Our fee is a pre-agreed percentage of the compensation we recover for you, so there are no surprises. This arrangement aligns our interests with yours: the more successful we are for you, the more successful we are. This system ensures that everyone has access to quality legal representation, regardless of their financial situation. When you need legal advice accident cases require, cost should not be a barrier to protecting your rights.

Conclusion

Car accidents are overwhelming, but the steps you take immediately after can make or break your entire case. This guide has covered the critical actions to protect yourself. Prioritize safety, document everything, and when dealing with insurers, stick to the facts. Avoid admitting fault or giving recorded statements without the legal advice accident situations demand. Understanding your rights to compensation—from medical bills to pain and suffering—is crucial. Knowing Pennsylvania’s two-year lawsuit deadline ensures you don’t forfeit your right to a fair recovery. Insurance companies have legal teams working to minimize your claim. You shouldn’t face them alone while you’re trying to heal. At Metzger Wickersham, we have stood up for accident victims in Pennsylvania for over 135 years. Our team works on a contingency fee basis, so you pay nothing unless we win for you. We are as invested in your success as you are. Don’t let your case crash before it starts. Acting quickly strengthens your position. Your recovery and your future matter. Getting the compensation you deserve is key to getting your life back on track. Contact us for a free consultation about your personal injury case