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Learning about Accident Injury Case Results

Posted on October 22nd, 2015

Automobile accident litigation is a long and constant battle to get the compensation an injured party is entitled to. One example of this is a February 2013 car accident case that took place on I-76 near Philadelphia. Only now, after a settlement was finally reached in June 2015, are the three plaintiffs seeking to enforce the deal and receive their money from the defendants. The plaintiffs suffered serious injuries and after they exhausted the defendant’s auto-insurance money, they were forced to pay the rest out of their own pockets or seek more money from the defendant’s health insurance plan. In Pennsylvania, those who wish to drive their car are statutorily required to have a $5,000 minimum on their insurance plan under the Motor Vehicle Financial Responsibility Law.

These plaintiffs were each aiming to receive a sum of not more than $50,000 including interest and costs of delay. The plaintiffs were in a unique situation, the defendant was an employee driver which means the employing company was vicariously liable for any damages resulting from the accident if the employee was in the course of his employment. At the time, the defendant was driving in the course of his employment, thus making the company liable. Typically, companies have more money available to them which could therefore increase the damage awards from the injuries the plaintiffs sustained. This is important because it is common for auto insurance companies of the injured to attempt to avoid paying their own client’s medical expenses. If the damages coming from the defendant company are greater, it could minimize the stress that would result from squeezing all the money possible from your auto-insurance policy. Auto-insurance companies should be there to assist your rehabilitation and pay a large portion of those medical bills but unfortunately that is not always the case.

This was a highway accident that not only involved the defendant company, but also the driver and his two passengers. The fault of the accident rested solely on the high rate of speed of the defendant that caused the accident. This entitled all three passengers to compensation based on their injuries. The settlement paid $10,000 to one client, $7,500 to another, and $5,000 to the final injured passenger. These totals were assessed based on how much damage each individual incurred. The defendant company who was found to be vicariously liable for their employee’s actions had not yet paid the damages awarded by the Philadelphia Court of Common Pleas five months earlier. This is a common problem in the course of accident litigation, leaving the injured desperate for money to pay for all their medical expenses related to the car accident.  Fortunately, it is an issue that can be quickly resolved and enforced by the court with some prompting by a diligent lawyer who would make a motion to enforce the settlement.

Some injuries that happen because of a car accident are hard to prove. This case was not difficult to prove but the main issue was about how much damage was caused to each passenger and when the plaintiffs would receive their money. Lee Ciccarelli and his auto accident team have decades of experience which help in cases like this, when it is not easy to receive your compensation. If you are in a car accident, Ciccarelli Law is the firm that will be able to assist you in receiving your rightful compensation. For any questions or information call 610-692-8700 or toll free at 877-529-2422.