Navigating Pennsylvania’s legal system can be confusing. Common questions from locals involve a wide range of legal topics, from the statute of limitations to determining fault in civil claims.

If you need help understanding the law, the savvy personal injury attorneys at Lowenthal & Abrams, Injury Attorneys, P.C., put together this list of frequently asked questions to help guide you through our legal system in Philadelphia and beyond.

What is the Deadline to File a Claim?

State law states that you generally have two years from the date of the accident or injury to file a lawsuit in Pennsylvania. Once this statute of limitations expires, you will likely lose your right to pursue compensation entirely.

How Does Fault Affect My Compensation?

Under Pennsylvania’s modified comparative negligence rule (42 Pa.C.S. § 7102), you can recover damages only if you are 51 percent or less at fault for the accident. However, your total compensation is directly reduced by your percentage of blame.

What Damages Are Recoverable?

If you successfully resolve your personal injury claim through a settlement or verdict, you may be eligible to recover compensation for damages. In 42 Pa.C.S. § 8528, compensation may include economic losses, such as medical expenses, rehabilitation costs, and lost income, as well as non-economic damages like emotional distress, depending on the circumstances of the case.

Can I Sue for Pain and Suffering?

Pennsylvania follows a choice no-fault auto insurance system. As described in 75 Pa.C.S. § 1705, you can recover compensation for pain and suffering, which often depends on the tort option selected under your auto insurance policy. Individuals who choose the full tort option generally retain unrestricted rights to pursue non-economic damages from an at-fault driver, while those who choose limited tort may only recover pain and suffering damages in certain circumstances.

Is it Safe to Provide a Statement to Insurance?

No. Do not provide a recorded statement or accept an early settlement offer before speaking with a qualified personal injury attorney. Insurance adjusters look for ways to minimize and may use your words to downplay a claim later in the legal process.

What Should I Do Immediately After An Injury?

To protect your legal rights and preserve evidence, take the following steps after an injury:

• Seek medical attention, even if there are no apparent injuries
• Take photos and videos to preserve the scene and injuries
• Get contact information from any witnesses
• File an official report with the police or property owner
• Save copies of medical records, hospital bills, and correspondence with insurance adjusters

How Are Personal Injury Lawyers Paid?

Most clients do not have to pay upfront retainers as Pennsylvania personal injury attorneys typically work on a contingency fee basis. Their payment is often a predetermined percentage of the settlement or jury verdict, and if the lawyer does not win or settle a case, their fees are waived.

Bring Us Your Questions for Answers You Can Trust

Lowenthal & Abrams, P.C. is highly regarded in our community for answering client questions and keeping you well-informed throughout your legal proceedings. Our award-winning firm prides itself on our responsiveness, accessibility, and transparency.

We have the answers you can trust, no matter what type of injury you or your loved one sustained. From birth injuries and nursing home abuse to slip and falls and car accidents, our team is here to answer your legal questions.