Drake, Hileman & Davis, PC

The Sovereign Building

609 Hamilton Street Suite 15
Allentown , PA 18101

Phone: 610-433-3910

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.

Book showing words personal injury law laying next to judge gavel and eyeglasses

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 an Allentown 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.

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.