Although some car accidents cause only minor damage, many crashes cause significant injuries that lead to physical, emotional, and financial harm. A driver who negligently causes an accident should be held liable for any harm sustained in the accident. If you were injured in a car accident, you should speak to an attorney regarding your right to pursue compensation. The Scranton car accident lawyers of Lenahan & Dempsey, P.C. are adept at helping people injured in car accidents seek recourse for their harm. If we represent you, we will aggressively pursue any damages that you may be owed.Elements of a Car Accident Lawsuit
A variety of factors can contribute to car accidents, including inclement weather, unsafe roads, inadequate lighting, and defective vehicles. Most car accidents, though, are caused to a large degree by careless driving. Therefore, in most lawsuits arising out of car accidents, the plaintiff will allege that the defendant acted negligently. Under Pennsylvania law, to recover damages under a theory of negligence, a plaintiff must establish that the defendant owed the plaintiff a duty and that the defendant acted in a manner that constituted a breach of the duty. Generally, the duty owed is the duty to act with reasonable care under the circumstances that existed at the time of the accident. In addition to establishing a breach of a duty, the plaintiff and a car accident attorney in the Scranton area must show that the breach proximately caused the plaintiff to suffer actual damages. In other words, the plaintiff must prove that he or she would not have been harmed if the defendant had not breached the duty.
In many car accident lawsuits, the defendant will argue that the plaintiff caused the accident, and thus the plaintiff should not be permitted to recover damages. As a result, evidence regarding the manner in which the accident occurred, including police reports, eyewitness statements, surveillance videos, photos, and accident reconstruction reports, is critical to establishing the defendant’s liability. Under Pennsylvania law, however, a plaintiff who is attributed some degree of fault for his or her own harm may still be awarded damages, as long as the plaintiff’s fault is not greater than the fault of the defendant.Damages Recoverable in a Lawsuit Arising Out of a Car Accident
A plaintiff who successfully proves a defendant’s liability in a car accident case may be awarded compensation for the economic and non-economic harm caused by the accident. Our Scranton car accident attorneys can help you seek the full scope of damages to which you are entitled. Economic harm includes the cost of any medical treatment that the plaintiff needed to undergo for injuries sustained in the accident and the cost of any medical treatment that the plaintiff is reasonably certain to need in the future. Economic harm also includes lost wages if the plaintiff could not work due to injuries sustained in the accident. Non-economic harm is comprised of the pain, suffering, and mental anguish caused by an accident. Additionally, if the plaintiff was married at the time of the accident, his or her spouse may be able to recover damages for the loss of the plaintiff’s services and companionship via a loss of consortium claim.Discuss Your Case with a Personal Injury Attorney
Most car accidents are avoidable and occur because of negligent driving. If you were injured in a car accident, it is in your best interest to speak to an attorney regarding the steps that you can take to protect your rights. The personal injury attorneys of Lenahan & Dempsey, P.C. possess the skills and resources needed to help people injured in car accidents pursue damages for their harm, and we will work tirelessly to help you seek a successful outcome. We regularly assist people in personal injury matters throughout Lackawanna, Luzerne, Monroe, Lycoming, Columbia, and Montour Counties. You can contact us at 888-536-2426 or via our online form to schedule a complimentary and confidential meeting with a car accident lawyer in the Scranton area regarding your case.