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Personal Injury FAQ

  • What is fair compensation for pain and suffering?

    The compensation received for pain and suffering is proportional to the severity of injuries and the duration and extent of treatment. The more severe the injuries, and the more invasive the treatment, the higher the amount of monetary damages that will be owed. For instance, in a case involving severe injuries and lifelong suffering, the total compensation owed will be substantial.

     

  • What is a personal injury?

    A personal injury is an injury to someone’s body or emotions. Personal injury covers any actual physical harm (broken leg and bruises) you suffered in an accident and emotional harm caused by that accident. Personal injury does not cover damages to anyone’s property.

     

     

  • How long do I have to file a personal injury claim?

    A statute of limitations is the time limitation that you have to bring the case. For personal injury cases in Pennsylvania, the period of limitation is two years. You’ve perfected the filing of a claim if your case is filed even one day before the period of limitation expires.

     

     

  • Who is liable for personal injury?

    Parties who have acted negligently, meaning they did not use reasonable care, may be liable for personal injury damages.

     

  • What types of damages may be recovered in a personal injury matter?

    Damages that may be recoverable in a personal injury case include damages to compensate the injured party for pain and suffering, medical bills, lost wages, loss of earning capacity, future medical expenses, embarrassment, and humiliation.

     

     

     

  • What happens if I am partially at fault for the accident?

    You may have played a role in causing your injury. If that’s the case, you may still be able to recover. As long as you’re 50% or less to blame for the accident, you can recover for a proportional share of what you would have recovered otherwise.

     

     

  • Will my personal injury case go to trial?

    The vast majority of personal injury cases don’t go to trial. Most resolve by settlement before the trial date arrives. A case is most likely to go to trial if the facts are in dispute or when liability is being disputed. The stronger your case, the more likely it is that you and the other insurance carrier will agree on the strength of your evidence, and reach an appropriate settlement. “The best defense is a good offense.”

     

     

  • What if the accident happened on the job?

    If you were hurt on the job, you may have multiple options for compensation. In most situations, you will be eligible for workers’ compensation benefits through your employer. These will cover your medical bills in addition to a portion of your lost wages. Workers’ compensation also may provide vocational rehabilitation assistance and lump-sum payouts for certain types of injuries or disabilities. If someone other than your employer or a coworker caused your accident, you may also have an additional personal injury claim against that third party. For example, you might be able to sue a manufacturer of workplace equipment if you were injured because the equipment was defective.

     

     

  • What do I do if an insurance adjuster calls me?

    You should not speak with the insurance adjuster or the individual who caused your injuries. They may seem friendly and sympathetic, but they are may also try to coax statements from you that may serve to reduce or eliminate the liability of their insured. Tell the insurance adjuster to contact your attorney.

     

     

  • How can an attorney help?

    Every case depends on the unique set of facts present in the case. However, an experienced attorney will help you handle each step in the case in a way that’s calculated to help you get the result that you’re looking for. Your lawyer will take the time to get to know you, your priorities, and the details of your case, and will guide you through the process to attempt to obtain the maximum compensation possible.

     

  • What type of compensation can be available for personal injury?

    Personal injury compensation can vary greatly. Much depends on the severity of the injury. Compensation can include lost income, loss of future earnings capacity, medical bills and pain and suffering in extreme cases. In addition, damages can include punitive damages, which are meant to “punish” the responsible parties.