Personal Injury Frequently Asked Questions
Attorney Michael Alan Siddons has been helping injured victims throughout Pennsylvania, New Jersey, Maryland, and New York recover the compensation they deserve for over 25 years. Below are answers to the most common personal injury questions we receive.
General Personal Injury Questions
What is a personal injury claim?
A personal injury claim is a legal case filed when someone is injured due to another party’s negligence, recklessness, or intentional conduct. These cases seek financial compensation (damages) for medical bills, lost wages, pain and suffering, and other losses. In Pennsylvania, personal injury claims are governed by state tort law and must generally be filed within two years of the injury under 42 Pa.C.S. § 5524.
How much is my personal injury case worth?
The value of a personal injury case depends on several factors: the severity of your injuries, the total medical expenses incurred, lost income and future earning capacity, the degree of pain and suffering, and the clarity of the other party’s liability. Cases involving permanent disability, disfigurement, or wrongful death typically have higher values. At Siddons Law, we evaluate each case individually and fight for maximum compensation.
How long do I have to file a personal injury lawsuit in Pennsylvania?
In Pennsylvania, the statute of limitations for most personal injury claims is two years from the date of injury (42 Pa.C.S. § 5524). In New Jersey, it is also two years (N.J.S.A. 2A:14-2). In Maryland, the statute of limitations is three years (Md. Code, Cts. & Jud. Proc. § 5-101). Missing these deadlines can permanently bar your claim, so it is critical to consult an attorney as soon as possible after an injury.
Do I need a lawyer for a personal injury claim?
While you are not legally required to hire an attorney, studies consistently show that injured individuals who retain legal representation recover significantly more compensation than those who handle claims on their own. Insurance companies employ teams of adjusters and lawyers whose job is to minimize payouts. An experienced personal injury attorney levels the playing field and handles all negotiations, paperwork, and litigation on your behalf.
How much does a personal injury lawyer cost?
At Siddons Law Firm, we handle all personal injury cases on a contingency fee basis. This means you pay nothing upfront and no attorney fees unless we win your case. Our fee is a percentage of the recovery, so there is zero financial risk to you. We also offer free initial consultations to evaluate your case.
Car Accident Questions
What should I do after a car accident in Pennsylvania?
After a car accident: (1) Call 911 and report the accident, (2) Seek medical attention immediately, even if injuries seem minor, (3) Document the scene with photos and video, (4) Exchange information with all other drivers, (5) Get contact information from witnesses, (6) Report the accident to your insurance company, (7) Do NOT give recorded statements to the other driver’s insurance company, and (8) Contact an experienced car accident attorney before accepting any settlement offer.
What is Pennsylvania’s choice no-fault car insurance system?
Pennsylvania has a unique “choice no-fault” auto insurance system. When purchasing a policy, drivers choose between “full tort” and “limited tort” coverage. Full tort policyholders retain the right to sue for all damages, including pain and suffering. Limited tort policyholders can recover medical expenses and lost wages but can only sue for pain and suffering if they sustain a “serious injury” as defined by Pennsylvania law. Choosing full tort coverage provides significantly more legal protection.
Truck Accident Questions
Why are truck accident cases different from car accident cases?
Truck accident cases are significantly more complex than car accidents for several reasons: (1) Multiple liable parties may be involved, including the driver, trucking company, cargo loader, and vehicle manufacturer; (2) Federal Motor Carrier Safety Administration (FMCSA) regulations add layers of compliance requirements; (3) Electronic logging device (ELD) data, black box data, and driver logs provide critical evidence; (4) The severity of injuries is typically much greater due to the size and weight of commercial trucks; (5) Trucking companies and their insurers deploy rapid response teams to protect their interests immediately after a crash.
What compensation can I recover in a truck accident case?
Truck accident victims may recover compensation for: medical expenses (past and future), lost wages and lost earning capacity, pain and suffering, emotional distress, property damage, loss of consortium, and in cases of egregious negligence, punitive damages. Because truck accidents often cause catastrophic injuries like traumatic brain injuries, spinal cord damage, and multiple fractures, the total compensation can be substantial.
Dog Bite Questions
What are my rights after a dog bite in Pennsylvania?
Pennsylvania’s dog bite law (3 P.S. § 459-502) holds dog owners strictly liable for medical costs resulting from a dog bite, regardless of whether the dog has previously shown aggressive behavior. For non-medical damages (pain and suffering, scarring, emotional trauma), victims must prove the owner knew or should have known the dog had dangerous propensities. If the dog was previously declared “dangerous” under Pennsylvania law, the owner faces even greater liability and potential criminal charges.
What is the deadline to file a dog bite lawsuit?
In Pennsylvania, the statute of limitations for dog bite injuries is two years from the date of the bite (42 Pa.C.S. § 5524). For children who are bitten, the statute does not begin to run until they turn 18. Dog bite claims can also be filed against a landlord if they knew a tenant’s dog was dangerous and failed to act. We handle dog bite cases throughout Delaware County, Chester County, Montgomery County, and the greater Philadelphia area.
Slip and Fall Questions
How do I prove a slip and fall case in Pennsylvania?
To win a slip and fall (premises liability) case in Pennsylvania, you must prove: (1) The property owner or occupier owed you a duty of care, (2) A dangerous condition existed on the property, (3) The owner knew or should have known about the dangerous condition, (4) The owner failed to fix the condition or warn you about it, and (5) The dangerous condition directly caused your injuries. Evidence such as surveillance footage, incident reports, maintenance logs, and witness statements is critical to establishing these elements.
Wrongful Death Questions
Who can file a wrongful death lawsuit in Pennsylvania?
Under Pennsylvania’s Wrongful Death Act (42 Pa.C.S. § 8301), a wrongful death lawsuit may be filed by the personal representative (executor or administrator) of the deceased person’s estate on behalf of the surviving spouse, children, or parents of the deceased. If no will exists, the court appoints an administrator. Compensation may include funeral and burial expenses, loss of the deceased’s expected earnings, loss of companionship, and the value of household services the deceased would have provided.
Free Consultation
Have a question not answered here? Attorney Michael Alan Siddons offers free consultations for all personal injury and bankruptcy cases. Serving clients throughout Southeastern Pennsylvania, South New Jersey, and Maryland.
Call (610) 255-7500 or contact us online
Areas We Serve
Siddons Law Firm serves personal injury clients in: Delaware County (Media, Upper Darby, Springfield, Havertown), Chester County (West Chester), Montgomery County (King of Prussia, Bala Cynwyd), Philadelphia, Lancaster County, Berks County, Lehigh County, Erie County, Cecil County MD (Rising Sun), and Staten Island NY.