The Sovereign Building
609 Hamilton Street Suite 15Allentown , PA 18101
Phone: 610-433-3910
How an Allentown Personal Injury Lawyer Can Help
You never expected it to happen to you. One moment everything was fine, and the next, you were left struggling to cope with picking up the pieces from actions outside of your control. If you were injured in an accident that was someone else’s fault, you need to stand up for your legal rights with the help of an Allentown personal injury lawyer. You could be entitled to significant financial compensation, and pursuing a claim for monetary compensation, may be your only option under the law. Money is an imperfect remedy to try to make you whole again, but it is better than no remedy at all.
At Drake, Hileman & Davis, PC, each Allentown personal injury lawyer provides experienced, compassionate legal representation for accident victims. Our PI attorneys have decades of experience representing Pennsylvania accident victims, and over the past 30 years, we have helped thousands of clients recover millions of dollars in compensation for their accident-related losses.
If you have been injured or have lost a loved one in an accident in Allentown or the surrounding Lehigh Valley, we encourage you to contact us for a free, no-obligation consultation. Our Allentown personal injury lawyers are available 24/7 to speak with new clients about cases involving:
However the accident may have happened, it is important for you to speak with an Allentown personal injury lawyer as soon as possible, in order to ensure that all of your rights are protected. When you contact a personal injury attorney at Drake, Hileman & Davis, you will be connected to one of our personal injury team litigators, who has the knowledge and skill to handle all aspects of your claim for you.
We Fight for Maximum Compensation
At Drake, Hileman & Davis we have one goal: We want to help you obtain maximum compensation, as quickly as possible. While most of our cases settle, our attorneys are experienced litigators who have secured numerous six and seven-figure verdicts, including a $1.5 million jury verdict for an auto accident victim in Allentown, PA.
Before you accept a settlement offer, we will make sure that you have a clear understanding of the full extent of your accident-related losses, in order to ensure that the offer is fair and reasonable. These accident-related losses include:
- Outstanding medical bills
- Future medical expenses
- Other accident-related expenses (such as modifications to your car or home)
- Past and future lost wages
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Loss of companionship, support, and enjoyment of life
If the offer is not acceptable, we are prepared to take your case to trial. In this regard, we will advise you of what to expect in doing so. Our attorneys handle all personal injury cases on a contingency fee basis. This means (i) you do not have to pay a retainer or hourly rate, and (ii) you do not have to pay anything unless we secure financial compensation for your losses. To get started with your free consultation, contact us today.
Negligence-Based Claims in Pennsylvania
It’s fair to say that most personal injury claims — whether linked to a car accident, slip-and-fall accident, or work-related accident — are based on claims of negligence. The concept of negligence can seem a bit tricky for injured parties who have never been involved in a legal matter to understand, but it’s relatively simple when broken down to the basics.
What’s important to note is that mere mistakes do not bring about liability. For someone to be deemed liable, the person alleged to have caused the injury must have conducted themselves in a manner that was at least negligent. So, what qualifies as negligent behavior?
In Pennsylvania and elsewhere, negligence is evaluated based on the “standard of care” applicable to the situation. If the defendant has not conducted themselves in a manner typical of a “reasonably prudent person” in similar circumstances, they will have violated the standard of care and committed a negligent act.
For example, imagine that you are walking on the sidewalk when a bicyclist hits you from behind and knocks you over, causing injury. As the bicyclist was approaching, he did not attempt to navigate around you and instead decided to go straight through you in the hopes that you would step aside at the last moment (despite you not seeing him as he was coming from behind).
It’s fair to say that a reasonable biker, under those circumstances, would have navigated around you to minimize the risk of a collision. As such, the defendant biker could be deemed negligent. If this negligence was the cause of your injury (and here, it clearly is), then the biker may be found legally responsible for your injuries.
An Allentown Personal Injury Lawyer Breaks Down Injury Settlements
There is no secret formula to tell you when it’s a good time to settle, but there are some factors to consider, including:
- Risk. A settlement is a sure thing, but trials are not. Even when the facts are on your side, juries are unpredictable and often swayed by emotions rather than the law.
- Fault. If you are found even partly at fault, your financial recovery will be reduced. Consider the strength of the arguments holding you to blame and by how much.
- Time. Your time is important and has financial value. Trials can take months or more, but settlements can be finalized in a few days.
- Privacy. Trials are public records, while settlement agreements with simple confidentiality clauses are private.
- Solvency. Be aware that a defendant who loses big at trial may simply declare bankruptcy. However, a settlement presumes the defendant can pay what they settle for, and settlement agreements can include non-bankruptcy clauses.
- Reasonableness. Suing a company with the resources to draw out the process and weigh you down can become discouraging quickly. Settling these claims may be a good idea if both sides are reasonable.
Despite the advantages of settling, sometimes taking your case to court is your best option, especially when the opposing party is not acting in good faith. An Allentown personal injury lawyer can provide options and help you choose the best direction for your particular circumstances.
Is There a Minimum Settlement Amount for Personal Injury Claims?
No. Settlement terms are generally entirely negotiable. Enforceable terms can include anything lawful, such as confidentiality clauses, payment times and terms, etc. The costs you’ve incurred as a result of the accident are helpful as a guiding factor.
Will I Have to Pay Taxes on My Settlement Money?
Generally speaking, no. However, there are some exceptions, which include any portion that is meant as an interest payment, any portion of your settlement that pays for confidentiality, and/or any amount indicated as punitive damages. An Allentown personal injury lawyer at Drake, Hileman & Davis can provide further guidance in this regard if you have questions or concerns.
Can a Personal Injury Lawyer Help Me Collect My Settlement Money?
If you are dealing with an insurance company, that company will generally simply cut you a check upon the signing of the settlement agreement, which will include a waiver of all future claims. If you’re dealing with the defendant directly, they will typically ask for periodic payments stretching out over up to several years. Your Allentown personal injury lawyer can help you ensure the terms are reasonable, including payment times, methods, and penalties for late payments.
The primary problems occur when a company has to pay a judgment to the claimant after losing at trial. All too often, a company in this situation will either declare bankruptcy or simply refuse to pay. Unfortunately, either of these scenarios forces the successful claimant to spend more money, time, and resources just to collect what is owed to them.
Benefits of Working with an Allentown Personal Injury Lawyer
When you are coping with accident-related injuries, protecting your legal rights is important. While you may be entitled to financial compensation, you can only recover the financial compensation you deserve if you take action.
Engaging an experienced legal team is the first step in this process. Why? Here are just some of the benefits of working with an Allentown personal injury lawyer:
Your Lawyer Can Deal with the Insurance Companies for You
Whether you were injured in a vehicle collision, fall or any other type of accident, seeking the compensation you deserve will most likely involve filing an insurance claim. This is not easy, and the insurance companies are not on your side.
Your Allentown injury lawyer can deal with the insurance companies for you. From presenting evidence of liability to proving how much you are entitled to recover, your lawyer can do what it takes to seek fair compensation on your behalf. Your lawyer can make sure the insurance companies don’t take advantage of you, and your lawyer can do everything necessary to hold the liable parties fully accountable.
Your Lawyer Can Calculate Fair Compensation for Your Accident
When you have a personal injury claim, it is critical to make sure you are seeking fair compensation for your accident. While your legal rights are clear, you only get one opportunity to assert them. If you were to settle your claim before calculating just compensation for your accident-related losses, you would almost certainly be settling for just a fraction of the total compensation you deserve.
An Allentown personal injury lawyer can help make sure this doesn’t happen. From your medical bills to your pain and suffering, your lawyer can calculate fair compensation not only for the losses you have incurred to date but also for the losses you will incur in the future. This is critical—because once you decide to settle your claim, you cannot go back and ask for more.
Your Lawyer Can Handle Your Case While You Recover
After an accident in Allentown, you should have two main priorities: (i) recovering from your injuries; and, (ii) recovering the financial compensation you deserve. With an Allentown injury lawyer fighting for just compensation on your behalf, you can focus 100% of your efforts on your physical and emotional recovery.
From giving your body time to rest to attending physical therapy, and from living with physical pain to coping with how your life has changed, the recovery process is extremely important. Not only is it important for your physical and emotional well-being, but it is also important for your personal injury claim. For accident victims who have personal injury lawsuits, one of the most important things they can do is try to get better as fully and quickly as possible. This will prevent the insurance companies from blaming you for your own medical bills, and it will help ensure that your legal team has the evidence it needs to seek full compensation.
Your Lawyer Can Show that You Are Prepared to Go to Court
Most successful personal injury claims settle; and, when our Allentown injury lawyers represent accident victims, our goal is generally to obtain a favorable settlement as quickly as possible. But, sometimes, obtaining a favorable settlement involves showing that you are prepared to go to court if necessary.
Hiring an experienced legal team shows that you are prepared to do what it takes to hold the insurance companies fully accountable. If the insurance companies know that you have a team of Allentown injury lawyers who are ready to go to trial, this can help facilitate an out-of-court settlement—because the insurance companies won’t want to risk losing in court.
Your Lawyer Can Give You Much-Needed Peace of Mind
Hiring an experienced Allentown personal injury lawyer can also give you much-needed peace of mind. The outcome of your personal injury claim could impact your life (and your family members’ lives) for years to come. Knowing this can be stressful, and it can make the process of trying to protect your legal rights overwhelming.
With an experienced lawyer on your side, you can feel confident knowing that you are doing everything you possibly can to protect yourself and your loved ones. This can help you rest easy while your claim is pending; and, at the end of the process, it can give you the peace of mind that you need to start moving on.
Types of Damages Available In Allentown Personal Injury Lawsuits
When you have a personal injury claim in Allentown, the losses that you are entitled to recover fall into two broad categories—economic damages and non-economic damages. Punitive damages are also available in some cases. Each of these categories of damages is very different, and working closely with an experienced Allentown personal injury lawyer is essential for making sure that you seek the full damages to which you are entitled under Pennsylvania law.
Economic Damages
Economic damages provide compensation for the direct out-of-pocket costs of a serious accident. Whether you will incur costs for weeks, months, years or the rest of your life, you are entitled to just compensation for all of these costs under Pennsylvania law. Common economic damages in personal injury cases include:
- Medical Expenses – If you have a personal injury claim, you can seek just compensation for your past, present, and future medical expenses. This includes all expenses you incur for diagnosis, treatment, surgery, therapy, and rehabilitation.
- Other Out-of-Pocket Costs – Personal injury claimants can seek just compensation for their other out-of-pocket costs as well. This includes costs incurred for prescription medications, medical supplies, medical devices, and transportation, among other necessary purchases.
- Lost Income and Benefits – If your injuries prevent you from working, you are also entitled to economic damages for your lost income and benefits. If you are able to work in a limited capacity, you are entitled to economic damages for the difference between your current income and your income prior to the accident.
As you can see, all of these damages are unique to you. When you hire an experienced Allentown personal injury lawyer to represent you, your lawyer will focus on your injuries, your costs, and your employment circumstances in order to seek the specific damages you are entitled to recover.
Non-Economic Damages
Non-economic damages provide compensation for all of the other ways your accident-related injuries negatively impact your life. Even though it is not possible to “add up” these losses, there are clear guidelines for calculating non-economic damages under Pennsylvania law. If you have a personal injury claim, our Allentown injury lawyers can help you seek fair compensation for your:
- Pain, Suffering and Emotional Trauma – In addition to financial compensation for the costs of diagnosing and treating your accident-related injuries, you are also entitled to financial compensation for your injuries’ non-financial effects. These include your pain, suffering and emotional trauma.
- Scarring and Disfigurement – Accident victims are entitled to additional compensation for any permanent scarring or disfigurement resulting from their accidents as well. This includes permanent scarring and disfigurement caused by the accident itself as well as permanent scarring and disfigurement resulting from any necessary surgical procedures.
- Loss of Consortium, Companionship and Enjoyment of Life – Pennsylvania law also entitles personal injury claimants to seek non-economic damages for their loss of consortium, companionship and enjoyment of life. No matter how your injuries impact your life, all negative impacts constitute losses for which non-economic damages may be awarded.
Here too, these damages are unique to you. The severity of your pain and suffering, the extent of your scarring or disfigurement, and the relationships you have that are negatively impacted by your injuries will all play a role in determining how much you are entitled to recover. With that said, non-economic damages awards can be substantial, so it is critical to ensure that you work closely with your lawyer to accurately calculate the financial compensation you are entitled to recover.
Punitive Damages
While economic and non-economic damages are intended to compensate accident victims for their losses, punitive damages are intended to make sure that liable parties do not make the same mistake again. For this reason, punitive damages are only available in personal injury lawsuits involving intentional, reckless, or malicious conduct.
When is conduct considered intentional, reckless, or malicious in a personal injury case? There are several possibilities. Drunk driving cases can involve claims for punitive damages, as can cases involving road rage, physical assaults, and other acts that are calculated (or reasonably anticipated) to cause serious injuries.
Our Allentown injury lawyers can determine if you have grounds to seek punitive damages; and, if so, we can seek these damages on your behalf. Punitive damages awards can vary widely, with the nature of the conduct involved, the severity of the victim’s injuries and a variety of other factors coming into play. Regardless of how much you are entitled to recover, we are prepared to do what it takes to assert your legal rights to the fullest extent possible under Pennsylvania law.
Schedule a Free Consultation with an Allentown Personal Injury Lawyer
With offices in Allentown, the personal injury attorneys at Drake, Hileman & Davis, PC represent accident victims and their families throughout eastern Pennsylvania. If you believe someone else may be to blame for your injuries or your loved one’s death, contact us online or call (610) 433-3910 to speak with an attorney about your case today.