Q. How long do I have to make a claim for Personal Injuries?

A. Each state has certain time limits, called "Statues of Limitations" that govern the period during which you must file a personal injury lawsuit. In Pennsylvania you have two years to file a lawsuit resulting from an accident or injury. If the injured person is a minor, then they have until two years after their eighteenth birthday to file a claimm Other states also have the same statute of limitations include: New Jersey, Delaware, California and New York. If you miss the statutory deadline for filing a case, your case is thrown out of court. 

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Q. What is the Statute of Limitations?

A. The statutes of limitations are time frames in which you have to file a lawsuit. When the statute of limitations expires on your case, you simply can't bring your case to court. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter or longer than that for other types of personal injury cases. 

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Q. What if I have a personal injury case but can't afford legal fees?

A. We take most cases on a contingency fee basis, which means you wouldn't owe us any fees unless you recover. Our fee is a percentage of what we collect on your behalf 

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Q. How much do you think my claim is worth?

A. It is not possible to answer this question before investigating your case. We may be able to give you a likely range based on, past cases in court, along with the circumstances and merits surrounding your accident. A personal injury victim should receive the maximum amount of compensation they are legally entitled to receive. The insurance company and their team of lawyers should not determine the fair value of your claim as their goal is to keep the amount of payouts low. There is no simple formula for determining the value of a claim or case.

Some factors that determine the value of a claim include: how serious the accident was, the severity of the injuries, whether the injuries are permanent or temporary, whether the injured party was an income earner or supporting others, the cost of medical treatments, whether there was or is pain and suffering, whether negligence was involved, whether lifelong care will be involved, etc. 

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Q. The insurance company representative says I don't need a lawyer. Is this true?

A. Insurance Company representatives are paid to represent your interests as a policy holder, their own interests and to minimize their (the insurance company's) payouts. In that case, the insurance company has a conflict of interests. We highly recommend that you have a lawyer representing for your interests. We suggest that our clients not even speak to insurance companies until they have an attorney representing them. Experienced lawyers are in a stronger position to reach a favorable settlement, having greater resources to bring to bear in a case. By obtaining legal representation you can be sure that you have an advocate fighting to ensure you receive the maximum compensation under the law. 

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Q. What if the person who caused the accident doesn't have insurance?

A. Under some circumstances, your own insurance, (e.g. uninsured coverage), or other insurance (e.g. workers' compensation may cover you for your injuries. Insurance companies allow their customers the option of having 'uninsured motorist' (UM) or 'under insured motorist' (UIM) coverage in addition to basic automobile insurance. In the event of an accident, this additional coverage is designed to compensate you for any lack or shortage of coverage for the other party involved in an accident. 

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Q. What if the accident is partly my fault can I still have a claim?

A. Pennsylvania uses the concept of "comparative negligence". This means that the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused". If you're injured by the negligent action of another, but you contributed to the accident by your failure to exercise reasonably prudent care, you're guilty of contributory negligence. For example, if a car accident occurs and the people involved are both considered somewhat negligent. The plaintiff, the person who initiates the suit must prove that the defendant is more than fifty-percent (50%) responsible for the accident. So, lets say the defendant was held to be 60% negligent in the car accident and the value of the case is judged to be $10000.

Negligence Judgment
Plaintiff 40%
          $10000 X 60% = $6000
Dependent 60%

As a result of the accident, the defendant must pay the plaintiff $6000 in compensation. 

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Q. What if I don't have any health insurance? How will my medical bills get paid?

A. Under some circumstances, your medical bills may be paid by the person who caused the injury, the owner of the vehicle you were riding in, other defendants, or in the case of work-related injuries by a Workers' Compensation insurance policy. 

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Q. My medical bills and loss of income are way more than the insurance coverage of the party who was at fault. The person has no other money. Why shouldn't I just settle for whatever I can get?

A. It is almost always a mistake to accept a settlement without consulting a lawyer. In the event that the at-fault driver's insurance coverage is less than the value of your claim, you may be able to recover additional monies from your own insurance company for under insurance coverage, or other sources. Once you settle, you may lose your right to pursue these claims. Talk to an experienced personal injury lawyer before pursuing any settlement. 

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Q. Will I have to go to trial to collect what is due to me or can we settle out of court?

Most of the accident claims settle outside of court. We always thoroughly prepared to go to trial to ensure the most favorable settlement to your case. In addition, this will increase the chances that the other side will want to settle. Our experience and knowledge allow us to prepare an effective case to maximize your settlement. 

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Q. How soon can we begin settlement negotiations? I need money NOW.

A. It is often not a good idea to begin negotiations until you have completely recovered from the accident and have a clear idea of the extent of permanent injuries and/or any ongoing needs. Generally, workers compensation cases take about 9-12 months until benefits kick in. As for personal injury claims, those cases often take 1-2 years to reach a settlement. In that time unanticipated medical bills, additional income loss, ongoing pain and suffering can turn an early settlement into a big mistake. To maximize your recovery, the full extent of your injuries, suffering and financial losses must be known. We will do everything possible to expedite matters and prepare your case for a prompt settlement as soon as is practical. 

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Q. If a dog bites a person, is the owner liable for doctor's bills?

A. For the most part, the answer to this question is yes. An owner of a dog, or any animal for that matter, may be held liable for the injuries that that animal causes to others. The ease with which a plaintiff can win a "dog-bite" lawsuit differs from jurisdiction to jurisdiction depending on the legal theory of recovery available in the plaintiff's location. Some jurisdictions require the plaintiff to show that the animal owner knew, or should have known, that the animal was inclined to attack or bite. In other jurisdictions, the plaintiff may only need to show negligence on the part of the owner in order to recover money for his injuries. 

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Q. Can a person recover damages for injuries sustained on someone else's property?

A. An owner of property has a duty to protect members of the public from injury that may occur upon the property. The injured person may be able to recover money for those injuries if he or she can prove that the property owner failed to meet that duty. The problem that plaintiffs face is the nature and extent of the property owner's duty will vary depending upon the facts of the situation and the jurisdiction in question.

Some states focus upon the condition of the property and the activities of both the visitor and owner, rather than considering only the status of the visitor. In Pennsylvania, a uniform standard requires the owner of the property to exercise reasonable care to ensure the safety of invitees, invited guests, and licensees, people on the owner's property for their own purposes (e.g. Door to door salesman) is generally applied. The plaintiff must prove that the duty of care has not been met, through an examination of the circumstances surrounding the entry on the property, the use to which the property is put, the foreseeability of the plaintiff's injury, and the reasonableness of placing a warning or repairing the condition. Obviously, whether reasonable care has been rendered depends greatly upon the particular circumstances.

The property owner's duty of care toward children is greater than the duty owed to adults. Even if the children are trespassers or engage in dangerous behavior, the property owner must still take precautions to prevent foreseeable harm to children on their property. An example of that is a property owner's greater duty of care to children that arises in the with regard to backyard swimming pools. Owners must fence, gate, and lock their pools in a manner that keeps children out and if they fail to do so, they will be found liable for injuries to children, even if the children were trespassers that were warned to stay off the property. 

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