FAQs
Automobile Liability
Personal Injury
Workers’ Compensation
Q: What should a person do at the scene of an accident?
A: You should not mention who was at fault. Get the names of witnesses and write them down with contact information. Get medical attention as soon as possible after the accident. If possible, take pictures of your vehicle and the other vehicle involved. Take pictures of the location where the accident took place. Claims investigators from the other driver’s insurance company or representatives of your own insurance company may contact you. Other than reporting your claim to your insurance company, you should not give them statements about the accident. First, talk with a lawyer.
Q: If I was injured in an auto accident, what type of compensation am I entitled to receive?
A: If you are not at fault, there are several different types of compensation you may be entitled to recover. They would include property damage, bodily injury, medical expenses, pain and suffering or loss of wages.
Q: Can I recover even if the accident was my fault?
A: This issue depends upon the laws of your state. Some states do not consider fault and others do. If you are in a state that does not consider fault, some of your losses may be paid by your own no-fault policy. In a state that considers fault, you may still be able to recover for your injuries, even if the accident was partially your fault. A competent lawyer can help you through this insurance maze.
Q: Who can I sue to recover my damages?
A: It really depends upon the circumstances of the accident. If you are not at fault, you can certainly sue the at-fault driver. If the car was owned by another party, you could sue that person. If the accident was caused by a product defect or roadway disrepair, you may be able to sue the automobile manufacturer, municipality or construction company responsible for road repair, and so on.
Q: What is my case worth?
A: There is no hard and fast rule to answer this question. The value of a case depends upon the facts of a case and each set of facts results in a different amount of damages.
Q: Will I have to go to court?
A: Not if your case is settled out of court. A competent lawyer can help you evaluate your case and determine whether going to trial makes sense. Most lawsuits are settled without an actual trial, but not all. A settlement avoids the costs and delay of a trial and may result in a greater net recovery.
Q: Where will the money come from to compensate me?
A: The at-fault party’s insurance typically pays for your damages in many states. If you are in a no-fault state, your own insurance may pay for some of your damages. If the at-fault party is not adequately insured, your own insurance policy may contain coverage that will compensate you for your injuries.
Q: How long will it take me to receive my money?
A: The length of time necessary to conclude your automobile accident injury case depends upon a number of factors. For example, if you received a serious injury, you do not want to settle your claim until you have received sufficient medical care so that either your physician has released you or your future medical expenses related to the accident can be determined with reasonable certainty. Therefore, the amount of time you need to heal may determine the length of time necessary to conclude your claim. The amount of time before you recover also depends on whether your case is settled or goes to trial.
Q: What should I do if I can’t afford an attorney?
A: Most law firms that represent injured plaintiffs will agree to a contingency fee arrangement. This means that the law firm’s fee is a percentage of the total recovery and is only paid when recovery is received. It is usually subtracted from the amount collected so there is no upfront cost. However, typically the injured plaintiff is responsible for the expenses of representation, win or lose. This amount can vary greatly.
Q: How soon must I bring my claim?
A: This is very important because if you wait too long to file a claim, you may jeopardize your legal rights. Each state has its own time period within which a personal injury claim must be brought, based upon a number of different factors. This is referred to as the “statue of limitations.”
Q: What is “Personal Injury”?
A: “Personal injury” is a broad term that means any kind of accident or occurrence that leads to bodily injury.
Q: How Do I Know if I Have a Personal Injury Case?
A: Did you suffer an injury and was it the result of someone else’s fault? If your answer is yes, you may have a personal injury claim. Your injury does not need to be physical, it can be emotional distress. Personal injury claims are often based on a variety of non-physical losses and harms.
Q: How Long Do I Have to File a Claim for Personal Injury?
A: There is a specific time-period within which a claim must be filed or your rights to do so could be lost. This is very important and is one reason to contact an attorney as soon as possible so that you don’t unknowingly relinquish your rights. This refers to the “statue of limitations.” As a general rule, a personal injury and/or wrongful death claim must be brought within two years from the date of the accident or the event which caused an injury. However, depending upon the type of case and the state within which the case is governed, it could be different.
Q: How Do I Know What My Case is Worth?
A: Many factors are considered in valuing a case. Some include the extent of your injury, medical bills, time lost from work, lost income, pain and suffering, your long-term prognosis and so on. Also involved can be extent to which you may have played a role in injury. We evaluate your case thoroughly prior to agreeing to represent you and we would not take your case on unless we think there is a good likelihood of success. We will give you a fair assessment based upon our experience. But, there are never any guarantees. Determining this value is a critical aspect of any accident claim and is the most difficult to quantify.
Q: How Long Will it Take to Complete My Case?
A: It depends and the time period will vary based upon the complexity of your case, court schedules, witness availability, the progress of discovery and so on. While many cases settle before trial, this does not usually happen until both sides have prepared the case. Generally, lawsuits take about two years from filing to trial.
Q: What if I Can’t Afford an Attorney?
A: First, we offer a free consultation to evaluate your case. Second, if we take your personal injury case, there is no fee paid unless there is a settlement or a verdict at trial. So, you do not need to come up with payment upfront in order to be represented. This is called working on a “contingency fee basis.” A contingency fee is a legal fee that is dependent upon the outcome of a claim. If there is no recovery, we receive no fee. While the amount of the fee is up for negotiation, it is typically in the area of one-third of the recovery, paid at the time of receipt. The only additional expense to you is reimbursement of our out-of-pocket costs to ready your case for trial. These out-of-pocket expenses can be filing fees, deposition and discovery expenses, expert witness fees and so on.
The following information is general and should not be relied upon to determine the course of action to take in your specific case. Every case is different and the application of these answers to simple questions may differ, depending upon the circumstances of your case. To get specific answers regarding your case, you should consult an attorney who specializes in workers’ compensation law.
Q: What is Workers’ Compensation?
A: Workers’ compensation is the insurance that your employer is required to carry in the event an employee is injured on the job or becomes ill or dies due to work-related circumstances. If you cannot work because of a work injury or illness, the insurance required under the Pennsylvania Worker’s Compensation Act will provide you with benefits, including payment of certain medical and rehabilitation expenses, lost wages, specific loss benefits, and death benefits, if applicable.
Q: Do I need to hire an attorney or can I represent myself?
A: You have the right to be represented by an attorney for your work-related injury. Your attorney will help you in seeing that your rights are properly protected. While individuals can sometimes represent themselves in these matters, it is best to contact a workers’ compensation attorney as soon as possible after an accident or diagnosis of a disease or condition in order to protect your legal rights. Workers’ compensation laws are constantly changing and an attorney knowledgeable about workers’ compensation law will be in the best position to advise you accordingly so you fully protect your rights.
Q: If I get injured on the job, what should I do?
- Immediately report your injury to your employer and supervisor. Notification must be done within a set amount of time as set by state law. If an injury occurs over time (for example, a disease or illness), you must report your condition soon as you discover you have it and it is caused by your work. You should then complete the employer’s claim form on which you must describe your injury and how, when, and where it occurred. Save copies of all correspondence with your employer, its insurance carrier, and your doctor concerning your workers’ comp claim. You may need it later.
- Remember to keep an independent record of the date, time, and nature of your work injury. Make a list of witnesses as well as the person to whom the injury is reported.
- Be sure to provide a complete and accurate account of the injury you sustained and how your injury occurred, as well as your past medical history.
- If your employer fails to accept your claim within 21 days of the date you notify them, seek legal assistance and file a petition for compensation.
- Should your employer accept your injury, be certain that the wages upon which your compensation is based are accurate.
- If your employer or the insurance company asks you to see another physician, seek legal advice immediately. This can be your employer’s first step in their attempt to either terminate your compensation or modify your benefits.
- Should you receive a petition in the mail to terminate, suspend or modify your compensation, seek legal advice.
- NEVER sign a supplement or final agreement or without having it reviewed by an attorney.
Q: What are my rights as an injured worker? You may be entitled to:
- wage benefits;
- medical care reasonable and necessary to treat a work-related injury or illness without any specific time limit;
- choose a doctor under certain circumstances;
- hire an attorney to help get benefits or to help resolve disputes, and/or
- confidentiality.
Q: What injuries are covered?
A: Any worker who has sustained an injury or illness arising out of and in the course of their employment has a potential workers’ compensation claim.
Q: Can I recover workers’ compensation benefits if my injury did not occur on my employer’s premises?
A: Yes. You are entitled to workers’ compensation benefits as long as your injury occurred in the “course of your employment” even though you are not specifically on the employer’s premises when the injury occurs. For example, if you are working on a construction job at a remote location and injure your back, this injury is compensable.
Q: When I suffer a work injury, do I have to treat with the company doctor?
A: An injured worker is obligated to treat with the company doctor for 90 days following the work injury, provided that the employer posted a list of at least six health care providers and provided the employee with written notification of the employee’s rights and duties regarding medical treatment which is signed by the employee. Following the 90-day period, the employee is entitled to seek medical treatment from any health care provider of his or her choice.
Q: What workers’ compensation benefits am I entitled to?
A: You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent losses such as loss of use of an extremity and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the spouse and/or dependents of the deceased worker may be entitled to certain benefits.
Q: What happens if I can’t work as a result of my injury?
A: If you suffer a work injury that prevents you from working, you are generally entitled to wage loss benefits in addition to medical benefits. The rate of your wage loss benefits is two-thirds (2/3) of your average weekly wage at the time of the work injury. The compensation rate cannot exceed the annual maximum compensation rate set forth in the statute. These benefits are also tax-free.