The questions people actually ask, answered directly. Each links to the page that goes further.
Do I have a case?
You likely have a claim if someone else’s negligence caused your injury, you can show the harm, and you file within the deadline. Being partly at fault does not end your claim unless you were more than 50 percent responsible. The full answer
How long do I have to file?
Two years from the injury for most Pennsylvania claims. Three years to file a workers’ compensation claim petition. Six months’ written notice if a government body is involved. Medical malpractice runs two years from when you knew or should have known.
I was partly to blame. Is that the end of it?
Usually not. Pennsylvania lets you recover as long as your share of the fault is not greater than the other side’s; your award is reduced by your percentage. How that works
What is my case worth?
Nobody can tell you without your records, your earnings, your share of the fault and the available insurance — and you should be wary of anyone who quotes a figure before that. What drives the number
What does it cost to hire a lawyer?
Personal injury matters are ordinarily handled on a contingent fee: the fee comes out of a recovery, and if there is no recovery there is no fee. Any arrangement is explained and agreed in writing before the firm acts for you. The case review itself is free.
I have limited tort. Can I still claim?
Yes, for medical costs and lost earnings. For pain and suffering you need an exception — serious impairment of body function, a DUI conviction of the other driver, an out-of-state vehicle, an uninsured driver, or being a pedestrian or cyclist. In detail
The insurance company offered me money already. Should I take it?
Not before someone has read what you would be signing. An early offer arrives before the full extent of an injury is known, and accepting it usually closes the claim permanently. That is the point of it.
Do I have to go to court?
Most claims settle. Workers’ compensation claims usually end in a Compromise and Release approved by a judge at a hearing. How that works
Can I sue my employer for a work injury?
Ordinarily no — workers’ compensation is the exclusive remedy against an employer, which is the trade-off for not having to prove fault. But a third party who caused the injury can sometimes be sued separately.
Can I claim for how this has affected me mentally?
Where there is a physical injury, yes, as part of pain and suffering. Where there is no physical injury the route is narrower. The four routes
Someone in my family died. Who can bring a claim?
The personal representative of the estate. The statutory beneficiaries of a Pennsylvania wrongful death claim are the spouse, children and parents — nobody else. In detail
Does contacting you make me a client?
No. An attorney-client relationship exists only when the firm and you both agree in writing that it will act for you. Please do not send documents or medical records before then. The full position
Who wrote and checked these answers?
Every page stating Pennsylvania law carries the name, bar number and review date of David C. Petrone, Esq., admitted in Pennsylvania since 1978. You can check that licence against the state register.